Over the weekend I received via email a complete copy in PDF format of the appeal filed by Phil Spector's defense counsel. (Thank you so much Mortie!) I just uploaded it to SCRIBD.com for every one's review. Just to warn you, this document is over 160 pages long and the table of contents is twelve pages.
Phil Spector Appeal: Opening Brief
It will take quite some time for me to read this document and cross reference the relevant points to my trial coverage. Understand that I don't have a copy of the transcript covering the first or second trial to reference, only my layman's notes so I am somewhat at a disadvantage.
I welcome any help (via E-mail only please) that you, our T&T readers can give me regarding your thoughts on the merits of the defense arguments in this motion.
Remember, the five women who testified against Spector in both trials are considered "Prior Bad Acts" or, 1101(b) witnesses. From my understanding it was ruled they could testify because their testimony would prove identity as well as "common plan or scheme." From my understanding, the defense argues that all of the these witnesses were really character evidence against Spector ( and should not have been allowed) because the common plan or scheme is not the same because Spector never fired a weapon at anyone before. (Keep in mind, all arguments in the appeal are limited to what was/is admissible at trial and not whether Spector really did fire at someone or not.)
I've been told that there is a difficult to define line between "character evidence" and "common plan or scheme."