tag:blogger.com,1999:blog-6757696342634699253.post549378298380295763..comments2024-02-24T18:44:39.324-08:00Comments on Trials & Tribulations: Phil Spector Retrial: Question & Answers IIISprockethttp://www.blogger.com/profile/03837416113512618694noreply@blogger.comBlogger57125tag:blogger.com,1999:blog-6757696342634699253.post-44200319415139000402009-03-03T11:16:00.000-08:002009-03-03T11:16:00.000-08:00Anon @ 7:19 am: UrinalysisIf I'm recalling correct...<B>Anon @ 7:19 am: Urinalysis</B><BR/><BR/>If I'm recalling correctly, calculations as to what his <B>blood alcohol</B> "might have been" at the time of the firearm discharging from the urinalysis was not entered into evidence.<BR/><BR/>I am closing this Q&A and requesting further questions be left on Day 50 or 51. Thanks!Sprockethttps://www.blogger.com/profile/03837416113512618694noreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-37697644595450498962009-03-03T07:19:00.000-08:002009-03-03T07:19:00.000-08:00A couple of small amplifications:Cutler said he wa...A couple of small amplifications:<BR/><BR/>Cutler said he was "denuded" in the court.....stripped bare (of claims that he had planned to make about PS's declarations of suicide).<BR/><BR/>Yes the urinalysis showed .07 but from reading the motions online, this was many hours later. There are apparently formuli (is that a word?) that allow calculations that show at the time of the incident, it was much much higher.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-84966024170905659222009-03-02T22:48:00.000-08:002009-03-02T22:48:00.000-08:00Anon @ 8:00 pm: Sims testimony & Court documen...<B>Anon @ 8:00 pm: Sims testimony & Court documents</B><BR/><BR/><B>Greg Sims</B><BR/>From what I'm remembering, he had trouble answering at first and didn't really have a good explanation as to why he set up these gigs for the Backstage Cafe and didn't make any money or made little money on it. I seem to think that he was trying to present it as if he never made a <I>profit</I> but don't quote me on that.<BR/><BR/><B>Court Documents, Lana's medical history</B><BR/>During trial one, the "hard-drive autobiography" was ruled too remote in time (the last time she had logged on to add to it was, IIRC, 2001) and inadmissable.<BR/><BR/>However, the information you stated <I>was introduced</I> because it was on that "new patient, self reporting history intake form. This was part of her medical records.<BR/><BR/>The information was written in an ambiguous form and Weinberg made a big deal about this, asking several of the ME's about it in cross or direct, depending on who was on the stand.<BR/><BR/>It was written in an area that was supposed to be "personal history" but it appears (to me at least) that she was talking about her <I>parents</I> "taking psychedelics since the age of 7." Weinberg would read the incomplete statement to the witness, and each time the prosecution would object and Fidler would rule that the entire statement had to be read to the witness for the jury to hear.<BR/><BR/><B>Court Documents, Spector's Medication</B><BR/>I believe both of those medications were detected in the urinalysis that was taken at Alhambra Police Station. Spector's alcohol level was tested via the urinalysis. It was .07.<BR/><BR/>It's interesting that in trial #2, this jury did not hear Rommie Davis testify that she questioned Spector's alcohol consumption on those three nights because she knew he was on medication that shouldn't be mixed with alcohol. The issue didn't come up on direct or cross.<BR/><BR/><B>Anon @ 9:36 pm: Dr. Di Maio</B><BR/><BR/>I don't know Anon. I'm not positive, but I believe Di Maio excluded some of his reasonings he presented in the first trial in this testimony. That's what helped him "save face."<BR/><BR/><B>Liz: Breathalyzer test</B><BR/><BR/>As far as I know, Spector was never given one. They did not draw blood at Alhambra, either. Just took a urinalysis. I'm guessing Adriano De Souza quickly agreed to a GSR test. I think he "could have" refused, but, why would he?<BR/><BR/><B>Carol L Beck: The appeal lawyer</B><BR/><BR/>Dennis P. Riordan's practice is in the same building as Weinberg's, although their partnerships are with different people.<BR/><BR/>The LA Daily Journal reported that Riordan introduced Spector to Weinberg; recommended him to the music legend for his retrial.<BR/><BR/>Riordan is a highly respected appellate attorney. Last trial, it was noted by the press in the courtroom that Riordan was one of the attorney's chosen to sit on the panel to rewrite CALCRIM, which is the set of rules governing jury instructions. CALCRIM has been updated since that revision.<BR/><BR/>http://www.courtinfo.ca.gov/jury/<BR/>criminaljuryinstructions/<BR/><BR/><B>Speedo: It was an accident</B><BR/><BR/>The reason this was not introduced is because of two things. First being the prosecution does not get to "pick and choose" which statements of Spector's get introduced as part of their case-in-chief. If they introduced incriminating statements, then Spector's <I>self-serving statements</I> (She killed herself.) can come in through the defense case without Spector ever having to take the stand. <BR/><BR/>The exception to this rule is if a statement is ruled an "excited utterance" (I believe that's the right term; someone can correct me if I'm wrong.) immediately following the event. The two "confession" statements (one heard by De Souza; the other by an officer) were ruled admissible without having to also enter all the other self serving statements.<BR/><BR/>If I'm remembering correctly, the prosecution fought hard to get admitted the statement that only the one Alhambra officer heard and then strategically decided not to use it. It totally threw Bruce Cutler for a loop in his opening statement. It "denunded" (sp?) him.<BR/><BR/>Second, the prosecution adopted the trial strategy of not introducing these incriminating statements to prevent Spector's <I>self serving</I> statements from getting in front of the jury without Spector taking the stand. If Spector wants the jury to know that she killed herself, then he would have to get on the stand and tell them <I>himself.</I><BR/><BR/>I hope that answers that for you.<BR/><BR/><B>Anon @ 5:08 pm: Has Riordan appeared yet?</B><BR/><BR/>No, not yet. But I expect he will when jury instructions roll around.Sprockethttps://www.blogger.com/profile/03837416113512618694noreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-71866102804507942512009-03-02T19:50:00.000-08:002009-03-02T19:50:00.000-08:00Tis I think Dennis P Riordan - he shares an addres...Tis I think Dennis P Riordan - he shares an address in SanFrancisco with Weinberg, but separate practises. Search here<BR/>http://www.superlawyers.comAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-66118598428634178682009-03-02T17:08:00.000-08:002009-03-02T17:08:00.000-08:00Message/Response for Carol L. Beck:I believe you'r...Message/Response for Carol L. Beck:<BR/><BR/>I believe you're talking about defense attorney, Dennis Reardon. (Not sure about the spelling of his last name?)<BR/><BR/>He is the attorney who (apparently) has expertise in the area of appeals.<BR/><BR/>I've also inquired with Sprocket about him.<BR/><BR/>Has Dennis R. resurfaced in Spector II ? <BR/><BR/>Thanks!<BR/>EmmyAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-25671681411204241842009-03-02T16:50:00.000-08:002009-03-02T16:50:00.000-08:00Thanks for your reporting- I was reading the polic...Thanks for your reporting- I was reading the police reports in the evidence file and noticed in one Spector admits to accidentally shooting Lana. Why hasn't the prosecution used this in the first and present trial?<BR/>Keep up the great work!Speedohttps://www.blogger.com/profile/10116322539695885388noreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-27086274347543563892009-03-02T10:49:00.000-08:002009-03-02T10:49:00.000-08:00Sprocket:At the end of the first trial there was a...Sprocket:<BR/><BR/>At the end of the first trial there was a San Francisco attorney who helped with the jury instructions. He was both in the courtroom and spoke with Judge Fidler over the phone. He was an appeal lawyer or something of that sort. Was he Mr. Weinberg?<BR/><BR/>Keep up the good work. The reason we all get on you about hurrying up is because we can't wait to hear what you have to say. It's priceless!<BR/><BR/>CarolCarol L Beckhttps://www.blogger.com/profile/18090321745559349357noreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-1701462834610968752009-03-02T00:25:00.000-08:002009-03-02T00:25:00.000-08:00I notice in one of the police reports, when first ...I notice in one of the police reports, when first at the police station PS refused to take a breathalyzer test. At the same time (actually earlier) a gunshot residue test was administered to A De Souza. Would ADS have been able to refuse? Given the scene, I would have thought PS could have been compelled to have the test. Did this ever happen? <BR/><BR/>many thanksAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-39981019571574139372009-03-01T21:36:00.000-08:002009-03-01T21:36:00.000-08:00I wonder if Dr. DiMaio has mellowed out because he...I wonder if Dr. DiMaio has mellowed out because he knows PS is going down and doesn't want his own career to go down with the sinking ship.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-54049900625510570662009-03-01T20:00:00.000-08:002009-03-01T20:00:00.000-08:00I refuse to believe Sims' testimony that he did bo...I refuse to believe Sims' testimony that he did bookings at Backstage for "no money". Who the hell works for free---in that or any other business?<BR/><BR/>Betsy thanks for the mention of lasuperiorcourt.org; I went there and read many of the dozens of filings on the case. One motion, filed by the attys in PS1, make some shocking allegations about Lana's drug use as found on a "hard-drive autobiography"; that she was encouraged by her mother, an RN, to experiment with any and all manner of drugs. I assume this was squashed and not allowed in evidence.<BR/>I also looked up 2 of PS's meds: Klonopin, a central nervous system depressant, not to be taken with alcohol since "depressant effects will be intensified", and Neurontin, which is used for either seizures or pain from shingles(herpes). Every police officer who filed a report mentioned his extreme state of intoxication and in one case the "horrible" odor of same.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-10028115483679621952009-03-01T17:39:00.000-08:002009-03-01T17:39:00.000-08:00Nanouk: Dr. Di Maio CrossHi there Nanouk!I know I ...<B>Nanouk: Dr. Di Maio Cross</B><BR/><BR/>Hi there Nanouk!<BR/><BR/>I know I mentioned this already in the cross of Dr. Di Maio and in the comments on that entry, but I will say it again, just for you!<BR/><BR/>Dr. Di Maio was a much more "subdued" witness on the stand. It was like night and day. Dr. Di Maio conceded on the stand that every one of the four major points he used to determine MOD, (manner of death) could ALSO be used to determine homicide. He also agreed that, if it was proven that Ms. Clarkson couldn't have been holding the gun, then he would have to change his MOD to homicide.<BR/><BR/>That was, imho, a big win for the prosecution. <BR/><BR/>At the end of the cross, Dr. Di Maio came up to Mr. Jackson and very quietly complimented him on his cross. I almost didn't believe I heard it and got a confirmation from another trial watcher who heard it also.Sprockethttps://www.blogger.com/profile/03837416113512618694noreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-72200913347069662962009-03-01T17:16:00.000-08:002009-03-01T17:16:00.000-08:00Dear SprocketI was expecting AJ to rip apart DiMai...Dear Sprocket<BR/><BR/>I was expecting AJ to rip apart DiMaio during his testimoney... I read your report of their exchange and I'm not that sure it happened, at least not as much as during PS1. What is you general perception of how VDM got perceived by the jury?<BR/><BR/>Thank you so much for all.<BR/><BR/>NanoukAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-7746274850514088732009-03-01T16:27:00.000-08:002009-03-01T16:27:00.000-08:00Anon @ 3:25 pm: The connectionFirst, I've been spe...<B>Anon @ 3:25 pm: The connection</B><BR/><BR/>First, I've been spelling the last name wrong. It's Kessel; only one "l" not two.<BR/><BR/>Second, the Kessel boys have been associated with Spector for a long time. That's because their father Barney Kessel was a hero of Spector's at an early age.<BR/><BR/>From: <I>Tearing Down the Wall of Sound</I> by Mick Brown: pages 25-26:<BR/><BR/>"On Phil's fifteenth birthday, Bertha and Shirley <I>(mother and older sister, respectively)</I> took him to see Ella Fitzgerald performing a concert in Hollywood. Playing in her backing group was the guitarist Barney Kessel, and Spector watched transfixed as his fingers flew effortlessly over the frets. Born in Oklahoma in 1923, Kessel was a child prodigy who had left home at fourteen to go on the road, playing with big bands, including those of Charlie Barnett and Benny Goodman.<BR/><BR/>snip<BR/><BR/>Phil had found a new hero. He collected every Kessel recording he could find, and in an act of homage pinned a photograph of the guitarist on his bedroom wall, alongside the pictures of Albert Einstein and Abraham Lincoln. (When Kessel died in 2004, Spector would describe him to one friend as "the Quintessential. The greatest musician I've ever known; the greatest guitarist that ever lived--well ahead of Segovia whom many; wrongfully, think was the greatest.")<BR/><BR/>----- End Excerpt<BR/><BR/>The Kessel boys grew up knowing Spector because of the close friendship between Spector and their father.<BR/><BR/>Sims testified that he booked gigs at the Backstage Cafe. He testified he did not know the Kessel brothers or that they were silent partners in the Backstage Cafe.<BR/><BR/>I believe, well, I'm remembering that the Kessel boys worked as bodyguards for Spector at one time. I believe that is somewhere in Brown's book. I will have to check with him to verify that verses trying to skim through the entire 433 pages.<BR/><BR/>I am also remembering that Alan Jackson mentioned that as part of a question posed to Sims on cross, but I'm not positive.Sprockethttps://www.blogger.com/profile/03837416113512618694noreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-65235889520017313852009-03-01T15:25:00.000-08:002009-03-01T15:25:00.000-08:00I think Corrina was trying to figure out how the K...I think Corrina was trying to figure out how the Kessels figure back to PS: They have "done" music together (not sure what/when), have known PS since childhood and are vocal supporters of same. So the inference is that Pie and Sims are getting work/staying in good graces by coming to the stand with these speak-ill-of-the-dead stories. I find all these people to be snakes, but thats show biz.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-79798722297477398482009-03-01T14:02:00.000-08:002009-03-01T14:02:00.000-08:00Corrina: The Kessell BrothersI don't believe a con...<B>Corrina: The Kessell Brothers</B><BR/><BR/>I don't believe a connection between Punkin Pie and/or Greg Sims and the Kessell brothers has been proven. It's just been alleged in cross examination of Sims.Sprockethttps://www.blogger.com/profile/03837416113512618694noreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-51862127153591041492009-03-01T13:41:00.000-08:002009-03-01T13:41:00.000-08:00Hi Girl!Excellent job you're doing.I do want to kn...Hi Girl!<BR/>Excellent job you're doing.<BR/>I do want to know the significance<BR/>of the Kessel Bros. to this trial and how they tie in to Pumkin Pie? I mean they used to co-own the Backstage Cafe..would they ever be called to the stand in relation to Greg Simms' huge gaffe?<BR/>Thanks!<BR/>~CorAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-8187258462529018922009-03-01T12:12:00.000-08:002009-03-01T12:12:00.000-08:00My Two Cents: Dark DaysAs far as I know, right now...<B>My Two Cents: Dark Days</B><BR/><BR/>As far as I know, right now, there are no dark days in the next two weeks. Be aware that this can change at any moment. The jurors sometimes forget to notify the court with more than a day or two notice that they need time off. I think it was last Monday that we first learned they wanted Wednesday afternoon off for Ash Wednesday.<BR/><BR/><B>Anon @ 11:07 am: #1 Fan Attire</B> <BR/><BR/>I apologize. In no way do I mean to degrade this woman who has supported Spector all during the first and now second trial. I should have added more context.<BR/><BR/>From my understanding she is a school teacher, possibly a Physical Education teacher. That's just a guess. The last trial was held mostly over the summer and she came to to court many times for the full day dressed in nice casual wear. She mostly wore Hawaiian themed shirts and or nice blazers with jeans.<BR/><BR/>What I am saying is, she takes the time to come to court, even if it's for only the last half hour of testimony. I'm guessing that she is coming directly from work to the trial and doesn't take time to change. To me, that's a dedicated fan.Sprockethttps://www.blogger.com/profile/03837416113512618694noreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-53210476579602818792009-03-01T12:11:00.000-08:002009-03-01T12:11:00.000-08:00Sprocket: I am also a trial junky from the first S...Sprocket: I am also a trial junky from the first Spector trial, and first saw your posts on the boards at courttv.com (miss that channel!). Your posts on this trial are fascinating and I am another who greatly appreciates that you make the time to share your insights with us.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-75552478534501322822009-03-01T11:07:00.000-08:002009-03-01T11:07:00.000-08:00In the update of AJ's cross I had a good chuckle a...In the update of AJ's cross I had a good chuckle at this little vignette of an anonymous person which you provided:<BR/><BR/>"It's about 3:30 pm and Spector's #1 fan, Teresa (sp?) enters. She's wearing what she usually wears when she arrives this time of day: sweatshirt and sweatpants."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-20968692833078348522009-03-01T10:58:00.000-08:002009-03-01T10:58:00.000-08:00Sprocket: I know you have recently posted this, bu...Sprocket: I know you have recently posted this, but I can't seem to find it now. (So I apologize for asking you to repeat this.) Could you share the BLOCKED out DATES, if any (or partial court dates), that you are aware of, that remain for the next 2-3 weeks of this trial? (Except for Fridays, which I know are always "black".) THANKS <BR/><BR/>And thank you again for all the great coverage and detailed, time consuming notes and feedback. MUCH, MUCH APPRECIATED and ENJOYED. Please thank Mr. Sprocket as well - he must be a very supportive and great husband. IMO, . . . he's a "keeper"!my2centshttps://www.blogger.com/profile/06375721495520576396noreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-71216131557346341512009-02-28T19:53:00.000-08:002009-02-28T19:53:00.000-08:00texas girl: TimelineYes. This was brought out via ...<B>texas girl: Timeline</B><BR/><BR/>Yes. This was brought out via the timing of the 911 call, and when officers first arrived on the scene, approximately 1 minute after the call.<BR/><BR/>The officers took approximately 40 minutes to secure the property and tackle Spector after they arrived. Officer Brandon Cardella testified on Day 11. He was one of five officers that comprised the "entry team." He testified to every action and observation the team made. Another Alhambra officer, James Hammond also testified to the actions they took on Day 12.Sprockethttps://www.blogger.com/profile/03837416113512618694noreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-61506761305991689292009-02-28T19:39:00.000-08:002009-02-28T19:39:00.000-08:00Does the jury know about the 40 minutes that Phil ...Does the jury know about the 40 minutes that Phil had to "clean up" his mess and stage it as a sucide before the police came and arrested him?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-6357907652663431312009-02-28T19:07:00.000-08:002009-02-28T19:07:00.000-08:00Liz: Spector's RantsThank you for the link Liz! I...<B>Liz: Spector's Rants</B><BR/><BR/>Thank you for the link Liz! I have one document, Officer Pineda's fifteen page report. I'll copy and paste the link and see if I can download the entire 40+ pages.<BR/><BR/>If I can find a way to easily copy and paste the entire text of his statements, I'll put them up on T&T. If anyone is able to send me the text in an email, accurate and in it's entirety, I would certainly appreciate it. It would make it easier on me. <BR/><BR/><B>SeniorMoments: Suicidologist</B><BR/><BR/>The suicidologist is a Dr. Richard Sieden (or Seiden) who is in the Bay area. I "believe" he did a study of people who jump off the Golden Gate, but don't quote me on that. More people commit suicide at the Golden Gate Bridge than any other location (in the US, I believe). I saw a documentary on it from the perspective of a man who happened to have his camera on the bridge when a man jumped.<BR/><BR/>I believe Dr. Sieden will be able to educate the jury on suicide in general and what the true statistics are that are known (and unknown) about it. At this time, I don't believe he will be able to opine on Lana Clarkson, specifically.<BR/><BR/><BR/><B>Shari:</B><BR/><BR/>Thank you Shari. I will be so grateful to go back to my regular life for awhile and sleep in in the mornings. Well, that is until the civil case gets started. I hope to cover that trial, too. It will depend on several factors at home and whether or not I will have to buckle down and go back to work.<BR/><BR/><B>Ray: Spector's statements</B><BR/><BR/>I don't think so Ray. Here's why. If they did then the defense could put on a sur-rebuttal case of everything Spector said that was self serving. Everything.<BR/><BR/>When it comes to the prosecution using a defendant's statements at trial (except for those that are specifically ruled as excited utterances within minutes of the charged event), you don't get to pick and choose which statements the jury hears. You can't present a couple of statements and not others. See?<BR/><BR/>If you enter one statement as part of your case, <I>all statements come in,(via the defense case or through cross examination)</I> even the self serving ones and voila, Spector doesn't have to take the stand.<BR/><BR/>Spector's statements about "she committed suicide" would come before the jury (via the officers who heard them & via the police reports) and Spector could sit at the defense table and never say a word.<BR/><BR/>This is why the prosecution has chosen this particular trial strategy in trial 1 & 2. If Spector wants to get before the jury his story that "she killed herself and I saw it" he will have to take the stand.<BR/><BR/>I will try to find out some more information on this next week and the rules governing hearsay testimony.Sprockethttps://www.blogger.com/profile/03837416113512618694noreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-69340913880651616482009-02-28T18:25:00.000-08:002009-02-28T18:25:00.000-08:00Is it too late for the prosecution to use Spector'...Is it too late for the prosecution to use Spector's statements, perhaps in rebuttal to discredit the suicide theory being advanced by the defense experts (Dimaio). I don't see how Spector's initial statements can be reconciled with suicide. He was saying it was an accident. He did not start talking about suicide until later after he thought about it.<BR/><BR/>RayAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6757696342634699253.post-74255588571538877852009-02-28T17:22:00.000-08:002009-02-28T17:22:00.000-08:00Sprockie, PATIENCE IS A VIRTUE and you have won t...Sprockie, PATIENCE IS A VIRTUE and you have won the "purple heart" for PATIENCE for all your answers to our questions and your exemplary knowledge of courtroom procedure and legalese. I (and I'm sure all of us) thank you for the coverage of this trial and the endless time you give up to inform all of us. When this is all over, we are all going to miss this part of our lives we have shared with you and the other bloggers. Rock on !! and thank Mr. Sprockie for sharing you with us....luv ya S.sharihttps://www.blogger.com/profile/00372975265112892344noreply@blogger.com