Monday, May 2, 2011
Phil Spector, California Department of Corrections and Rehabililtaion booking photo
UPDATE May 7th, 2011
The California 2nd Court of Appeals issued a two-page modification to their decision. It did not change their decision.
UPDATE 7:00 PM:
DDA Alan Jackson, who successfully prosecuted Spector had this to say about the 2nd District Court of Appeals decision:
"The Court's stongly-worded ruling today affirms what we at the District Attorney's office have known since 2009: Mr. Spector received a fair trial and his murder conviction was proper. I am proud to have represented the People in the fight to get justice for Lana Clarkson. This is a great day for Lana, the Clarkson family and for Los Angeles. Phil Spector is exactly where he should be--behind bars."
It is a great day today and there's lots of celebrating going on. Yesterday we learned about the fate of Osama bin Laden and everyone is quite relieved that bin Laden's days of being the head of a terrorist organization are over. Today we learned about Spector's fate and where he will be spending the next 17 years of his 19-years-to-life sentence for the murder of Lana Clarkson.
The California Second Court of Appeals unanimously ruled that Phil Spector received a fair trial and rejected his appeal on each and every argument raised. It was a resounding victory for the prosecution and the Attorney General's office. I read all 81 pages of the decision that was handed down. There wasn't a single point where the Justices agreed with Spector's characterization of the events of the trial.
When the appeal briefs were first filed I asked several friends in the mainstream media their thoughts on the merits of Spector's appeal. At the time, every single person I spoke to felt that the appeal would be rejected.
So, you might be asking, 'What happens now?' Spector can, request a rehearing with the Appellate Court but in all likelihood it is my prediction that will be denied. Afterwords, Spector can appeal his case to the California Supreme Court. However, the California Supreme Court is not obligated to hear his appeal. If Spector does appeal to the California Supreme Court, it's over, done, finished. I don't know if it's true or not, but I've been told there isn't one issue in this case that could be brought up before a federal court for appeal.
Although a trial date has been set for the Clarkson's wrongful death suit against Spector for January of next year, I will be quite surprised if that case is ever before a jury. Don't forget that Spector did settle his civil suit against Robert Shapiro right before that trial was about to start.
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