Updated: Friday October 31st, 2008
Just got this report in from Sprocket at the courthouse!
Counsel was informed today that Alternate Juror #1 is unable to attend the trial today. The juror apparently fell going to his car last night and thinks he may have broken his foot. He feels he will be able to get his foot taken care of today.
Judge Fidler stated that "although I didn't speak to the juror directly, he didn't think it was anything too serious, he didn't ask to be excused." He also informed the jury that this appeared to be a one-day-off incident. He also indicated that these things happen throughout the trial and that the case can't go forward without the alternate juror.
The judge has ordered the jury to return Monday morning.
More from Sprocket when she returns from court!
Update: October 31st, 2008
I miss the 8:29 am train again. When I get on the 9th floor, the 106 jury is in front of me going through security. There is a bailiff in front of them and a bailiff behind them. When the last juror clears the walk through security scanner, the bailiff says to the two women in line in front of me. "Just wait a moment."
When I get inside the courtroom, it's like a ghost town compared to the day before. Only one accredited press reporter shows up today, Linda Deutsch from The Associated Press.
Spector's fan is there, and a few other people who came to watch testimony. One of them is Jon Scott, co-owner of All Memphis Music.com, who I met at the first trial. Mr. Scott points out to me that on opening statements day, one of the jurors, he believes it was #5, was wearing a black T-shirt that had the "Sun Records" logo on it. This is interesting. According to Wikipedia, Sun Records and Sun Studio occupied the same building in Memphis, TN and were started by Sam Phillips. Mr. Scott tells me Sun Records is still in business and that Ike Turner is from Memphis. Ike's first rock and roll song "Rocket 88" was produced at Sun Studio.
When I enter the courtroom, the prosecution team is sitting all together in the plastic chairs against the back wall by the door. Alan Jackson, Rick Ocampo, Truc Do and one of their clerks, are all together. One of the PIO staff is in the back row also. I get up from my seat in the second row and ask Mr. Jackson if he can tell me the witnesses he plans to call today. AJ says, "Well, we plan to start off with the 1101(b) witnesses. I don't know the exact order, it depends. If we get to witnesses today, it depends on what happens." I go back to my seat to wait.
While the prosecution is in the back row, I see Mr. Weinberg and Jennifer whisper at the podium. Right after 9:30 am, the Lana Clarkson's family enters and sits in the front row. Not long after, the prosecution team takes their seats in the well. Donna is not with them and I lean in to ask John Taylor if she is alright. He tells me that everything is fine.
Judge Fidler takes the bench and addresses the gallery. The issue is alternate #1 fell in the parking lot yesterday while going to his car and he thinks he broke his foot. He just needs to see his doctor and get his foot taken care of today. He's obviously not here today. Fidler states that he doesn't see it as an issue to excuse him this early in the trial. AJ says, "Thank you very much for letting us know so early."
The accredited press reports the following differently, but I have this in my notes as a quote from Judge Fidler, "Although I didn't speak to the juror directly, he didn't think it was anything too serious. He didn't ask to be excused."
Fidler tells the court the juror thinks the doctor will just put a removable cast on his foot. He indicated that he might have trouble getting from the parking lot to the courthouse but they can arrange something with the sheriff's to take care of that.
Donna Clarkson enters the courtroom.
Judge Fidler calls for the jury to enter and once they are seated the judge addresses them. "I know you were informed ladies and gentlemen [...] as it appears to be only a one day disability [...] he injured himself while going to his car."
He tells the jurors to report back on Monday at 9:30 am.
Fidler informs the jury that these things occasionally happen and that there are bound to be more things like this come up during the trial.
Mr. Jackson leans over the railing to whisper to Mrs. Clarkson directly. "Had I known about this 20 minutes earlier, I would have called you."
From what I gathered, it appears all parties just learned about the injury about 10 minutes before. The prosecution asks the judge to order Vincent Tannazzo back to court on Monday and he does.
And that's it. I call Mr. Sprocket to tell him that I'm walking back to the Red Line. Court is over for the day.
Friday, October 31, 2008
Thursday, October 30, 2008
Anthony Family Circus Continues
Lee Anthony Allegedly Bashes TES
I greatly admire David Lohr's dedication to covering the Casey Anthony case for Discovery ID. Yesterday, I was stunned to read in his blog that Casey Anthony's brother Lee had allegedly sent a vicious e-mail to some EquuSearch supporters that read in part:
In regards to Caylee Anthony, do not let that influence your support of this group as they have done NOTHING to help find this little girl. She is alive and they are wasting time and money to support a system that is failing a missing 3 year old girl and her loved ones. Don't even get me started on Tim Miller personally.
Just to start, I have a problem understanding the first part because he says "in regards to Caylee Anthony, do not let THAT..." Lee needs some lessons in the English language because he referred to Caylee as a THAT, a thing, an object. I suppose he meant THAT to refer to all that has occurred in his and his family's attempts to discredit anyone involved in the legal case against his sister Casey and the extensive search for Caylee by TES that will commence November 8 with an unprecedented number of volunteers.
That being said, I am so tired of the family's assertions that Caylee is alive. It has to be incredibly painful for any family when a person goes missing. How many families do we see begging for their loved ones to come back to them safe and sound? Most of those families also admit the possibility of a loved one being deceased at the very same time. If that is the case, they desperately want the person found and brought home for burial. Apparently the Anthony family is willing to trade a proper funeral for Casey's possible freedom.
Little Caylee hasn't been seen in 148 days. Her mother's lies about the phantom nanny, her lack of cooperation with law enforcement from day 31 when Cindy Anthony reported her missing, and her apparent ability to go on with a party life-style with her most recent boyfriend all point to something very sinister. So does the fact that the last day Caylee was seen, Casey, instead of being at Sawgrass Apartments and in stores and parks hunting for her daughter as she told investigators, spent her time choosing and watching videos with her boyfriend.
I have a terrible feeling about all of this. I always try to find the best in people and feel compassion for them in times of trouble; I find here that I can't help but think that Cindy, Lee, and George Anthony, knowing Caylee is gone, have decided to cut their losses and do everything possible to support Casey in her defense. They ALL smelled that car, they ALL knew what it meant. The ALL knew that the cadaver dogs hit on the odor of decomposition in the car and in their yard, no matter how much they try to say otherwise. Most of all, they know Casey. They know she's a liar, a thief, and, in her own words, a "spiteful bitch." Those opinions all came out in their statements to investigators. Now, for the public and defense's benefit, they paint Casey as a dutiful daughter, loyal sister, and a loving mother who, OOPS!, had her little girl kidnapped by the imaginary rogue babysitter.
Jose Baez's spokesman, Todd Black has also added fuel to the outrage and credibility to the purported e-mail with his most recent vituperative press release which states:
Casey Anthony and family members have maintained that Caylee is alive, which is why they have not participated in any search for remains. Authorities gave up on looking for Caylee, and have used the media to whip the public into a frenzy of hatred against Casey, making it all but impossible to get a fair trial. And insulting to any family who may suffer a missing child, the authorities refuse to mount an official search, and instead allow an out of state group to collect tens-of-thousands of dollars in a nationwide fundraising campaign, without a single accounting on where that money is going.
Mr. Black, it is my opinion that law enforcement agencies were not responsible for the public outrage. The responsible parties are the members of the Anthony family and Casey's attorney.
CNN Find Caylee Blog
I greatly admire David Lohr's dedication to covering the Casey Anthony case for Discovery ID. Yesterday, I was stunned to read in his blog that Casey Anthony's brother Lee had allegedly sent a vicious e-mail to some EquuSearch supporters that read in part:
In regards to Caylee Anthony, do not let that influence your support of this group as they have done NOTHING to help find this little girl. She is alive and they are wasting time and money to support a system that is failing a missing 3 year old girl and her loved ones. Don't even get me started on Tim Miller personally.
Just to start, I have a problem understanding the first part because he says "in regards to Caylee Anthony, do not let THAT..." Lee needs some lessons in the English language because he referred to Caylee as a THAT, a thing, an object. I suppose he meant THAT to refer to all that has occurred in his and his family's attempts to discredit anyone involved in the legal case against his sister Casey and the extensive search for Caylee by TES that will commence November 8 with an unprecedented number of volunteers.
That being said, I am so tired of the family's assertions that Caylee is alive. It has to be incredibly painful for any family when a person goes missing. How many families do we see begging for their loved ones to come back to them safe and sound? Most of those families also admit the possibility of a loved one being deceased at the very same time. If that is the case, they desperately want the person found and brought home for burial. Apparently the Anthony family is willing to trade a proper funeral for Casey's possible freedom.
Little Caylee hasn't been seen in 148 days. Her mother's lies about the phantom nanny, her lack of cooperation with law enforcement from day 31 when Cindy Anthony reported her missing, and her apparent ability to go on with a party life-style with her most recent boyfriend all point to something very sinister. So does the fact that the last day Caylee was seen, Casey, instead of being at Sawgrass Apartments and in stores and parks hunting for her daughter as she told investigators, spent her time choosing and watching videos with her boyfriend.
I have a terrible feeling about all of this. I always try to find the best in people and feel compassion for them in times of trouble; I find here that I can't help but think that Cindy, Lee, and George Anthony, knowing Caylee is gone, have decided to cut their losses and do everything possible to support Casey in her defense. They ALL smelled that car, they ALL knew what it meant. The ALL knew that the cadaver dogs hit on the odor of decomposition in the car and in their yard, no matter how much they try to say otherwise. Most of all, they know Casey. They know she's a liar, a thief, and, in her own words, a "spiteful bitch." Those opinions all came out in their statements to investigators. Now, for the public and defense's benefit, they paint Casey as a dutiful daughter, loyal sister, and a loving mother who, OOPS!, had her little girl kidnapped by the imaginary rogue babysitter.
Jose Baez's spokesman, Todd Black has also added fuel to the outrage and credibility to the purported e-mail with his most recent vituperative press release which states:
Casey Anthony and family members have maintained that Caylee is alive, which is why they have not participated in any search for remains. Authorities gave up on looking for Caylee, and have used the media to whip the public into a frenzy of hatred against Casey, making it all but impossible to get a fair trial. And insulting to any family who may suffer a missing child, the authorities refuse to mount an official search, and instead allow an out of state group to collect tens-of-thousands of dollars in a nationwide fundraising campaign, without a single accounting on where that money is going.
Mr. Black, it is my opinion that law enforcement agencies were not responsible for the public outrage. The responsible parties are the members of the Anthony family and Casey's attorney.
Texas EquuSearch and it's founder, Tim Miller have an outstanding record of locating missing loved ones, dead or alive. Both Tim and his volunteers generously give of their time and energy to help find the missing. TES has the horsepower and equipment to do a much more meticulous search than most local law enforcement agencies. Apparently, this fact is not appreciated by the Anthony's nor the defense team. They are a thoroughly legitimate organization with all their paperwork in order. To make such public accusations is vicious slander.
The end result of this attack on TES is going to backfire terribly on the Anthony family and Casey's defense. Outrage at the slander fuels most of us who want Caylee to be found to donate even more money to this worthy organization.
It's not only about Caylee. It's also about supporting efforts to bring so many more of the missing home.
Readers, please, consider answering all this nastiness with a donation to TES. Help bring Caylee and others home to their loved ones.
WFTVCNN Find Caylee Blog
Wednesday, October 29, 2008
Phil Spector Retrial: Opening Statements, Part II
Wednesday, October 29, 2008I'm up on the 9th floor pretty early, around 8:15 am. Mr. Sprocket came with me. I tried to get him to wear one of his nice silk ties with his white shirt, but he refused. His "excuse" was, he wasn't going to wear a silk tie with jeans. I think he can wear a tie with a nice pair of pressed jeans but Mr. Sprocket isn't buying it. I think he just doesn't want to wear a tie.
The 9th floor is pretty deserted at this time. I see ABC's local affiliate Channel 7's Miriam Hernandez is already there. Since she's the first reporter on the 9th floor, and it hasn't been decided yet who will film the proceedings, the PIO staff ask her to get her cameraman up on the 9th floor to film the proceedings.
Dr. Adams is there at the end of the hall waiting for Judge Pastor's courtroom to open; he's talking to Linda, who had emailed me earlier in the week that she was thinking of coming with her friend Paula. They took the Metrolink from San Diego. That's how much they wanted to see opening statements. Linda and Paula took a very early train and were at the courthouse before 7:00 am. It's going to be a long day for them.
I see that Spector's fan is here. A member from the PIO is taking names of the general public as they show up who want to attend opening statements, as well as the press that starts to show up, one by one. I see a gentleman whom I first met and talked to years ago at the Robert Blake criminal trial. I remember talking to him while waiting for the Blake jury to come back with a verdict. He firmly believed Blake was innocent, and that the prosecution didn't prove their case. The jury agreed with him and Blake is a free man today.
I see Harriet Ryan, but there is quite a bit of press here that I've never seen before. You can tell who they are because they are often wearing their press badges on lanyards or clipped to their belongings, and they all gravitate towards one another. I sit with Dr. Adams and Linda until 8:30 am, when Dr. Adams goes into 107. Terri from City News is here, and I see a member of the defense team, Jennifer Barringer and I believe one of the defense clerks, enter the courtroom.
A still photographer and more journalists arrive. Mr. Sprocket keeps taking my pen and writing what he thinks are funny notes on my pad. He's also making jokes in my ear and I have to tell him to stop and that he better not even try to whisper what he's saying inside the courtroom.
I over hear the PIO staff tell the accredited press that we will be starting at 9:00 am. They must be going to argue some motions before the jury is set to arrive by 10:00 am. Linda Deutsch from the Associated Press arrives along with another reporter I don't recognize.
9:05 am: AJ and Truc Do come down the hallway. One by one the hallway fills up with people hoping to get in to see the opening. Then the bailiff's and PIO staff let us into the courtroom. At this time, there are still plenty of seats available. The Clarkson family hasn't arrived yet, and more general public slowly trickle in. It's a very different feel in the courtroom than the first trial. The "bigger" celebrity in the room from the first trial, Dominick Dunne, is back in New York, writing his memoirs.
Steven Mikulan from the LA Weekly is not here. He's covering the Anand Jon trial at the other end of the hall and he expects closing arguments to start any time. Ciaran McEvoy of the LA Daily Journal is covering Federal Court. He did tell me that he might be able to drop in for a day or two. John Spano and Peter Hong from the LA Times are not here either. I only recognize one other person from the general public and that's Jon Scott, of All Memphis Music, com. I met him at the first trial.
The court reporter sets up her equipment. The prosecution is testing the ELMO and has put up on the screen an image that says "People v. Spector."
The courtroom is almost full now with press and general public. Another video camera is setting up right beside the one from Channel 7. I overhear the female reporter talking with the second cameraman in a language I don't recognize. Mr. Sprocket thinks it's French but it doesn't sound like my 7th grade French Class. People are coming in and out. It's still a bit noisy and I wonder why it's taking so long. Linda Deutsch is in her regular seat: second row on the end.
9:17 am: No Spector and no defense team. There are five people on laptops directly behind me in the fourth row. More last minute press arrive that all seem to know each other. I see DA staff, reporters and public all mixed in together in the gallery. A man in the second row way down on the end close to the jury box gets up to greet Ms. Do. He obviously knows her. I find out later that he was a juror on the Black Widow case that she successfully prosecuted.
The Clarkson family enters with their attorneys and Ms. Do gets introduced to the entire group. Rod Lindblom, Donna, John Taylor, Fawn, a friend of Fawn's who came often during the first trial and a gentleman that I have not seen before.
Spector's defense attorney arrives with his paralegal, Susan. I also see Tawni Tyndall enter and sit in the defense area benches. She had attended a few of the pretrial hearings for round 2 and I didn't recognize her. Tawni is a very pretty woman and during the first trial she wore her long hair down and very form fitting outfits. Today, her hair is up in a french bun and she is wearing a black skirt and matching suit jacket. More press squeeze into the long benches.
Spector's son Louis arrives with his longtime companion, Frieda. More people show up and try to get seats. The DA's clerks who are assisting on the case are introduced to the Clarkson family. The courtroom is almost packed and bustling with conversation. I see Claudia from local station KFWB arrive and grab an empty seat along the back row. If I'm remembering correctly, she makes her way over to the video cameras for a moment. I'm wondering if she possibly sets up a microphone to do some sound recording.
9:30 am: I think what we are waiting for is Spector. Even more press enters the courtroom and those that know each other exchange greetings and catch up. The PIO staff ask the people in the bench rows to move down and squeeze closer together to try to make room for more people to attend. Ah, I see what they are trying to do. They are moving people out of the most of the seats on the defense side to make room for Spector's entourage. They also cleared out some seats along the back wall so that Louis and Frieda can sit there. Thats where Louis and Freida mostly sat during the first trial. The PIO's staff are really trying to pack in as many people as possible.
9:35 am: The bailiff's still haven't closed the inner courtroom doors. Suddenly, Judge Fidler takes the bench. Spector is still not here and we learn that he has waived his right to appear on the motions that will be argued before the trial is to begin.
Doron Weinberg brings up the Dr. Lee and Ogden matters. They will submit their motions now on the pleadings. Weinberg talks about Lee. "At the last trial, the defense was penalized because of what they did [...] legal ramifications [...] can't penalize the defendant for something out of his control [...] something to reconsider so that he's not penalized..."
Do stands up and says "[We've received] no notice of this motion." Counsel and the Judge agree that they will take this matter up at a later time.
Weinberg is now asking that if there is going to be a second bailiff in the room, that he not be seated in the chair directly behind Mr. Spector. (The bailiff's desk is surrounded by a half wall, and on top of the half wall, plexi-glass. It's right behind and off to the left a bit of the defense table. Right in front of this walled in desk area in the well, is a chair that a second sheriff often sits.) Weinberg states, "...this projects a sense that [...] that's where a back up bailiff sits; behind Mr. Spector. It sends a message that Mr. Spector is dangerous."
Judge Fidler responds, "I'll let them, the sheriff's decide how many [sheriffs] they need for the courtroom..."
Weinberg is now objecting to something on the prosecution's exhibit list, that he states is "contrary to the court's ruling..." I believe it's the word "pattern" on some of the overhead exhibits AJ is going to use in his opening. AJ counter's Weinberg's objection. "The court allowed the 1101(b) evidence exactly for that purpose." There's nothing there about common scheme or plan. It's a pattern to "...absence of mistake..."
Judge Fidler responds that he will not limit the prosecution to using this in argument. (I have that word, argument, but maybe he meant opening statements and I wrote the wrong word.)
The Ogden matter is discussed next. The defense is objecting to the video tape of Dianne Ogden the prosecution is going to show. The Judge tells Weinberg that he is not going to make the people "..edit the evidence further..." Weinberg can object during presentation, and the objection will be ruled on as the tape is played [for the jurors].
The motions have been dealt with and Fidler leaves the bench. It's not in my notes but I do remember Mr. Weinberg asking Fidler at one point if there was a time limit on openings. Fidler tells him no; take all the time you need. It's 9:45 am and we wait. As I look around the packed room I notice Detective Tomlin in the back by the inner courtroom doors. Claudia from WKFB is chatting with Linda Deutsch. At 9:50 am, the jurors enter the courtroom and go directly into the jury room. I see some unfamiliar faces in the first row on the defense side of the room. My best guess is that they are family members of the defense team.
With the Clarkson family in the room, my mind flashes back to visiting Lana's memorial and a big wave of sadness washes over me, just like it does now when I write this.
Spector, Rachelle Short and two bodyguards finally enter the courtroom. From where I'm sitting, it looks like Spector is wearing a black suit and shirt with a very bright white tie and matching kerchief in the suit pocket. I see one of the cameramen is being spoken to by Fidler's clerk. He bolts out of the courtroom and comes back quickly in pants. I guess Fidler doesn't allow men to wear shorts in his courtroom. Back in that far left corner I see Allan Parachini, the PIO's department head, squeezed in among the recording equipment.
10:03 am: Wendy announces that they are calling the jury and the counsel stand while they enter. Here's how the panel is made up:
1F; 2F; 3M; 4M; 5M; 6M; 7F; 8F; 9M; 10M; 11M; 12F; 13M; 14-18F.
Fidler explains opening statements to the jury. "Are the people ready" Fidler asks. "We are your honor," AJ responds. AJ takes the podium and addresses the jury. "Good morning everyone!" The jury replies "Good morning," back.
AJ: The evidence in this case is going to paint a picture of a man when confronted with a particular situation becomes enraged. [...] The evidence will establish a pattern [...] A very rich and active pattern of violence. [...] Before the end you'll be introduced to the real Phil Spector. [...] Let's step back to the beginning.
On the ELMO is an arial view of Spector's castle. "....a gunshot shatters the quiet of the community of Alhambra..."
AJ describes the palatial home surrounded by dense trees.
(I would disagree with the word "palatial." Granted, it's large but having seen some photographs of inside the home, the decor is more, oh, eccentric would be a polite word.)
Adriano the driver hears a noise. AJ describes what Adriano saw and heard. Spector exiting the house holding a gun with blood on one of his fingers. Watching the jury, to me they appear in rapt attention. This is their first glimpse of the prosecution's case and what happened that tragic night.
AJ continues, "I think I killed somebody. Phil Spector just confessed to what had just happened in that house. [...] Adriano asks Spector, 'What happened sir?' In response, Phil Spector just shrugged. (AJ pantomined a shrug.) [...] Adriano looked past Phil Spector in the foyer room and he saw the body of Lana Clarkson."
Up on the ELMO are two images side by side. One is the smiling Lana Clarkson, and the other is a photo of Lana lying dead in the foyer chair. Seeing Lana dead, another wave of sadness washes over me.
"To put the evidence of the evening in context," AJ says, "You will get a pattern of that very rich [...] (Damn! I miss getting those last few words!)
The ELMO changes and as AJ speaks, the names of the other 1101(b) witnesses appear on the screen. "... before her was Dianne Ogden; and before her, Melissa Grosvenor; and before her, Dorothy Melvin; and before her, Devora Robbitille [...] You will se that Phil spector acts in the same way [...] he reaches for a gun."
"The real Phil Spector," AJ says. The ELMO changes and there it is in huge type. The unedited statement Vincent Tannazzo will testify he heard Spector say. AJ reads the statement, not holding anything back or abbreviating in any way.
"Women are all fucking cunts. They all deserve a bullet in their heads." It's shocking and to me, it stuns the courtroom.
Up on the ELMO is another bit of text now that says, "Spector's Pattern of Violence."
Dorothy Melvin
In July, 1993, Spector owned a house in Pasadena. "Pay attention to the pattern that will emerge time and time again. [...] The people you will hear from ran in lofty circles. [...] Dorothy Melvin was a talent manager for Joan Rivers. She was Joan River's manager. [...] They met at a Christmas party."
AJ then describes Spector's and Melvin's bi-coastal relationship and how for part of the year, Spector lived in a hotel suite at the Carlyle or another New York hotel as well as his house in Pasadena.
Dorothy and Spector had a dating relationship. Dorothy Melvin had never been to Spector's home; had never been at his house, alone.
As I watch and listen to AJ present his opening statements he's not reading from a script. He's going completely from memory.
AJ describes the outfit Melvin is wearing ~a black dress with a fuscia jacket~ and the pleasant evening Spector and Dorothy had. While Spector has been playing the piano, throughout the evening he drinks an entire fifth of vodka. At some time during the evening, Melvin takes a cat nap on the white sofa. When she wakes up, it's morning.
I look on over at the jury, and one of the alternates in the front row, it appears that her mouth is dropped open a bit, listening to the story.
When Melvin steps outside looking for Spector, she finds him in the motor court, pointing a gun at her. He's screaming at her that he couldn't find her. Melvin is frightened and doesn't understand what's wrong with Spector. She tells him she was on the sofa with her bright jacket on, in plain view. Spector holds her at gunpoint. Spector is cursing and yelling at her to get back upstairs and take her clothes off. Dorothy takes off her jacket. AJ pantomimes with his arm out, his hand making it look like he's holding a gun.
Terrified, Melvin tries to escape. When she gets to her car, Spector comes at her with a shotgun and screams at her, "Get the fuck out!" AJ describes how Dorothy is telling Spector she can't get out because "...the gate, the gate is closed!"
AJ explains to the jury, "As we go through these incidents, that a pattern emerges of drinking and violence."
When Melvin gets out of the gated grounds, she calls the police. Her purse is still in the house and it has important papers in it; Joan River's passport. She needs to get her purse back.
AJ tells the jury about the police coming to Spector's house. "[Officer] Chris Russ will tell you, that he was confronted by Phil Spector wearing a shoulder holster. He found Melvin's purse and under the dining room table, the shot gun."
After AJ finishes with Melvin's story, he plays several of the messages that Spector left on Melvin's answering machine, cursing and threatening her. Up on the ELMO is a photo of Dorothy Melvin, and a summary list of events that occurred. After the story of each 1101(b) witness is presented, a similar display and list is put up on the ELMO.
Melissa Grosvenor
Melissa Grosvenor's terrifying 1992 experience is presented next. Melissa Grosvenor, who lived in New York, met Phil Spector at a party for Ahmet Ertegun. AJ describes who Ertegun was in the music industry. Phil Spector got Melissa's phone number and they began a casual dating relationship.
Phil Spector invites Melissa Grosvenor to visit his house in Pasadena for the weekend. He tells her, "I'll get you your own hotel room, to be respectful to you..." Spector booked her a flight and when she got to Los Angeles, she went to her hotel room to freshen up and then they went out to dinner where Spector started to drink. AJ goes on to describe more of the evening Ms. Grosvenor experienced. After dinner Phil and Melissa returned to Spector's Pasadena home. It's late into the evening and Melissa is tired; she's still on New York time. She tells Spector, "Phil, it was a great evening but I want to leave now." Melissa is in the foyer of this home, ready to be taken home, and SNAP!
(It's not in my notes, but I believe this is where AJ starts to add the "snap" of his fingers in his narrative, right before he starts to describe the change in Spector's behavior with each succeeding 1101(b)'s story.)
Melissa doesn't know where it came from but suddenly Spector is holding a gun to her head and he's yelling at her, "You are not leaving until I tell you!" Spector orders her into an overstuffed chair, all the while ranting and raving calling her names. Melissa Grosvenor was so tired from lack of sleep, she sat in that chair, exhausted, with Phil Spector holding her at gun point and she fell asleep.
Sometime the following morning, she was woken up by Spector nudging her foot. He was acting perfectly normal, and he asks her, "Hey! Do you want to go to breakfast?" Melissa thinking this is her opportunity to get out of the house, agrees and they went to breakfast.
Melissa and Spector don't discuss what happened. The only hint of the incident was when Spector says to her, "I guess you'll want to be going back east again?"
I take a moment to try to write down the summary list that's on the ELMO for Meilssa Grosvenor but I miss the last line.
Spector drinking/drunk
Romantic interest
Home alone
She tried to leave
Pulled a gun
Devra Robitaille
Devra Robitaille two incidents are described next. AJ goes into the history of how Devra met Spector over the phone when she worked for Warner Records and Spector was trying to negotiate a new record label with them that would be called Spector Warner Records. Eventually, Devra came to work for Spector. There was a dinner party that she helped arrange that Devra observes Spector starting to drink; and drink; and drink. After all the guests had left she says goodbye and starts to leave.
SNAP! She doesn't know where it came from but suddenly, Spector pushes a gun into her face. AJ describes how Devra ~and he tells the jury they will meet her, she's this tiny lady, a musical prodigy in her own right, with this British accent~ spoke to Spector in a stern tone of voice, like she was speaking to a child, because she didn't know what else to do.
AJ tells the jury that none of these women knew each other. They didn't know that Spector had pulled a gun on someone else, in a like situation, so they had no reason to be afraid. Spector locked the door and pulled a gun on Devra. The gun was pressed to her face.
Several years later, in the 1980's, "Here we go again," AJ explains. Spector has a dinner party and he begins to drink. As the last guest leaves, Devra checks the door and the door is locked. "Same thing again. She says she wants to leave. Spector finds a gun and presses it to her head. Spector said to her, Try to leave and I'll blow you away!"
Stephanie Jennings
1995. Stephanie Jennings is a photographer who lives in Philidelphia. AJ goes into detail how Stephanie met Spector. She was at an awards event, photographing the celebrities and she meets Spector. She is invited as Spector's guest to another event and Spector books her a room in the Carlyle Hotel where he is currently staying. The big attraction is really the after party event. At the after party event, Spector starts to drink.
I look over at the jury. To me, they still appear rapt at attention. AJ describes how Stephanie, very tired, goes back to her room to go to bed. Later in the night, she's woken up by a knock at her door. (AJ knocks on the podium for effect.) It's one of Spector's bodyguards telling her that Spector wants to see her in his room. Stephanie is adamant; she is tired, she wants to go to sleep. She tells the individual she will see Spector in the morning.
A few minutes later there is another knock at her door (AJ knocks on the podium again) and it's Spector. When she opens the door he has a gun with him that he points at her face. "You're not going anywhere!" Spector tells her. Spector takes a chair and sets it in front of the door, preventing Stephanie from leaving. AJ also describes the altercation Stephanie and Spector had in the bathroom where she ends up shoving him and he falls into the bathtub. While Spector is still in the room, Stephanie is able to call 911.
To be continued.....
The 9th floor is pretty deserted at this time. I see ABC's local affiliate Channel 7's Miriam Hernandez is already there. Since she's the first reporter on the 9th floor, and it hasn't been decided yet who will film the proceedings, the PIO staff ask her to get her cameraman up on the 9th floor to film the proceedings.
Dr. Adams is there at the end of the hall waiting for Judge Pastor's courtroom to open; he's talking to Linda, who had emailed me earlier in the week that she was thinking of coming with her friend Paula. They took the Metrolink from San Diego. That's how much they wanted to see opening statements. Linda and Paula took a very early train and were at the courthouse before 7:00 am. It's going to be a long day for them.
I see that Spector's fan is here. A member from the PIO is taking names of the general public as they show up who want to attend opening statements, as well as the press that starts to show up, one by one. I see a gentleman whom I first met and talked to years ago at the Robert Blake criminal trial. I remember talking to him while waiting for the Blake jury to come back with a verdict. He firmly believed Blake was innocent, and that the prosecution didn't prove their case. The jury agreed with him and Blake is a free man today.
I see Harriet Ryan, but there is quite a bit of press here that I've never seen before. You can tell who they are because they are often wearing their press badges on lanyards or clipped to their belongings, and they all gravitate towards one another. I sit with Dr. Adams and Linda until 8:30 am, when Dr. Adams goes into 107. Terri from City News is here, and I see a member of the defense team, Jennifer Barringer and I believe one of the defense clerks, enter the courtroom.
A still photographer and more journalists arrive. Mr. Sprocket keeps taking my pen and writing what he thinks are funny notes on my pad. He's also making jokes in my ear and I have to tell him to stop and that he better not even try to whisper what he's saying inside the courtroom.
I over hear the PIO staff tell the accredited press that we will be starting at 9:00 am. They must be going to argue some motions before the jury is set to arrive by 10:00 am. Linda Deutsch from the Associated Press arrives along with another reporter I don't recognize.
9:05 am: AJ and Truc Do come down the hallway. One by one the hallway fills up with people hoping to get in to see the opening. Then the bailiff's and PIO staff let us into the courtroom. At this time, there are still plenty of seats available. The Clarkson family hasn't arrived yet, and more general public slowly trickle in. It's a very different feel in the courtroom than the first trial. The "bigger" celebrity in the room from the first trial, Dominick Dunne, is back in New York, writing his memoirs.
Steven Mikulan from the LA Weekly is not here. He's covering the Anand Jon trial at the other end of the hall and he expects closing arguments to start any time. Ciaran McEvoy of the LA Daily Journal is covering Federal Court. He did tell me that he might be able to drop in for a day or two. John Spano and Peter Hong from the LA Times are not here either. I only recognize one other person from the general public and that's Jon Scott, of All Memphis Music, com. I met him at the first trial.
The court reporter sets up her equipment. The prosecution is testing the ELMO and has put up on the screen an image that says "People v. Spector."
The courtroom is almost full now with press and general public. Another video camera is setting up right beside the one from Channel 7. I overhear the female reporter talking with the second cameraman in a language I don't recognize. Mr. Sprocket thinks it's French but it doesn't sound like my 7th grade French Class. People are coming in and out. It's still a bit noisy and I wonder why it's taking so long. Linda Deutsch is in her regular seat: second row on the end.
9:17 am: No Spector and no defense team. There are five people on laptops directly behind me in the fourth row. More last minute press arrive that all seem to know each other. I see DA staff, reporters and public all mixed in together in the gallery. A man in the second row way down on the end close to the jury box gets up to greet Ms. Do. He obviously knows her. I find out later that he was a juror on the Black Widow case that she successfully prosecuted.
The Clarkson family enters with their attorneys and Ms. Do gets introduced to the entire group. Rod Lindblom, Donna, John Taylor, Fawn, a friend of Fawn's who came often during the first trial and a gentleman that I have not seen before.
Spector's defense attorney arrives with his paralegal, Susan. I also see Tawni Tyndall enter and sit in the defense area benches. She had attended a few of the pretrial hearings for round 2 and I didn't recognize her. Tawni is a very pretty woman and during the first trial she wore her long hair down and very form fitting outfits. Today, her hair is up in a french bun and she is wearing a black skirt and matching suit jacket. More press squeeze into the long benches.
Spector's son Louis arrives with his longtime companion, Frieda. More people show up and try to get seats. The DA's clerks who are assisting on the case are introduced to the Clarkson family. The courtroom is almost packed and bustling with conversation. I see Claudia from local station KFWB arrive and grab an empty seat along the back row. If I'm remembering correctly, she makes her way over to the video cameras for a moment. I'm wondering if she possibly sets up a microphone to do some sound recording.
9:30 am: I think what we are waiting for is Spector. Even more press enters the courtroom and those that know each other exchange greetings and catch up. The PIO staff ask the people in the bench rows to move down and squeeze closer together to try to make room for more people to attend. Ah, I see what they are trying to do. They are moving people out of the most of the seats on the defense side to make room for Spector's entourage. They also cleared out some seats along the back wall so that Louis and Frieda can sit there. Thats where Louis and Freida mostly sat during the first trial. The PIO's staff are really trying to pack in as many people as possible.
9:35 am: The bailiff's still haven't closed the inner courtroom doors. Suddenly, Judge Fidler takes the bench. Spector is still not here and we learn that he has waived his right to appear on the motions that will be argued before the trial is to begin.
Doron Weinberg brings up the Dr. Lee and Ogden matters. They will submit their motions now on the pleadings. Weinberg talks about Lee. "At the last trial, the defense was penalized because of what they did [...] legal ramifications [...] can't penalize the defendant for something out of his control [...] something to reconsider so that he's not penalized..."
Do stands up and says "[We've received] no notice of this motion." Counsel and the Judge agree that they will take this matter up at a later time.
Weinberg is now asking that if there is going to be a second bailiff in the room, that he not be seated in the chair directly behind Mr. Spector. (The bailiff's desk is surrounded by a half wall, and on top of the half wall, plexi-glass. It's right behind and off to the left a bit of the defense table. Right in front of this walled in desk area in the well, is a chair that a second sheriff often sits.) Weinberg states, "...this projects a sense that [...] that's where a back up bailiff sits; behind Mr. Spector. It sends a message that Mr. Spector is dangerous."
Judge Fidler responds, "I'll let them, the sheriff's decide how many [sheriffs] they need for the courtroom..."
Weinberg is now objecting to something on the prosecution's exhibit list, that he states is "contrary to the court's ruling..." I believe it's the word "pattern" on some of the overhead exhibits AJ is going to use in his opening. AJ counter's Weinberg's objection. "The court allowed the 1101(b) evidence exactly for that purpose." There's nothing there about common scheme or plan. It's a pattern to "...absence of mistake..."
Judge Fidler responds that he will not limit the prosecution to using this in argument. (I have that word, argument, but maybe he meant opening statements and I wrote the wrong word.)
The Ogden matter is discussed next. The defense is objecting to the video tape of Dianne Ogden the prosecution is going to show. The Judge tells Weinberg that he is not going to make the people "..edit the evidence further..." Weinberg can object during presentation, and the objection will be ruled on as the tape is played [for the jurors].
The motions have been dealt with and Fidler leaves the bench. It's not in my notes but I do remember Mr. Weinberg asking Fidler at one point if there was a time limit on openings. Fidler tells him no; take all the time you need. It's 9:45 am and we wait. As I look around the packed room I notice Detective Tomlin in the back by the inner courtroom doors. Claudia from WKFB is chatting with Linda Deutsch. At 9:50 am, the jurors enter the courtroom and go directly into the jury room. I see some unfamiliar faces in the first row on the defense side of the room. My best guess is that they are family members of the defense team.
With the Clarkson family in the room, my mind flashes back to visiting Lana's memorial and a big wave of sadness washes over me, just like it does now when I write this.
Spector, Rachelle Short and two bodyguards finally enter the courtroom. From where I'm sitting, it looks like Spector is wearing a black suit and shirt with a very bright white tie and matching kerchief in the suit pocket. I see one of the cameramen is being spoken to by Fidler's clerk. He bolts out of the courtroom and comes back quickly in pants. I guess Fidler doesn't allow men to wear shorts in his courtroom. Back in that far left corner I see Allan Parachini, the PIO's department head, squeezed in among the recording equipment.
10:03 am: Wendy announces that they are calling the jury and the counsel stand while they enter. Here's how the panel is made up:
1F; 2F; 3M; 4M; 5M; 6M; 7F; 8F; 9M; 10M; 11M; 12F; 13M; 14-18F.
Fidler explains opening statements to the jury. "Are the people ready" Fidler asks. "We are your honor," AJ responds. AJ takes the podium and addresses the jury. "Good morning everyone!" The jury replies "Good morning," back.
AJ: The evidence in this case is going to paint a picture of a man when confronted with a particular situation becomes enraged. [...] The evidence will establish a pattern [...] A very rich and active pattern of violence. [...] Before the end you'll be introduced to the real Phil Spector. [...] Let's step back to the beginning.
On the ELMO is an arial view of Spector's castle. "....a gunshot shatters the quiet of the community of Alhambra..."
AJ describes the palatial home surrounded by dense trees.
(I would disagree with the word "palatial." Granted, it's large but having seen some photographs of inside the home, the decor is more, oh, eccentric would be a polite word.)
Adriano the driver hears a noise. AJ describes what Adriano saw and heard. Spector exiting the house holding a gun with blood on one of his fingers. Watching the jury, to me they appear in rapt attention. This is their first glimpse of the prosecution's case and what happened that tragic night.
AJ continues, "I think I killed somebody. Phil Spector just confessed to what had just happened in that house. [...] Adriano asks Spector, 'What happened sir?' In response, Phil Spector just shrugged. (AJ pantomined a shrug.) [...] Adriano looked past Phil Spector in the foyer room and he saw the body of Lana Clarkson."
Up on the ELMO are two images side by side. One is the smiling Lana Clarkson, and the other is a photo of Lana lying dead in the foyer chair. Seeing Lana dead, another wave of sadness washes over me.
"To put the evidence of the evening in context," AJ says, "You will get a pattern of that very rich [...] (Damn! I miss getting those last few words!)
The ELMO changes and as AJ speaks, the names of the other 1101(b) witnesses appear on the screen. "... before her was Dianne Ogden; and before her, Melissa Grosvenor; and before her, Dorothy Melvin; and before her, Devora Robbitille [...] You will se that Phil spector acts in the same way [...] he reaches for a gun."
"The real Phil Spector," AJ says. The ELMO changes and there it is in huge type. The unedited statement Vincent Tannazzo will testify he heard Spector say. AJ reads the statement, not holding anything back or abbreviating in any way.
"Women are all fucking cunts. They all deserve a bullet in their heads." It's shocking and to me, it stuns the courtroom.
Up on the ELMO is another bit of text now that says, "Spector's Pattern of Violence."
Dorothy Melvin
In July, 1993, Spector owned a house in Pasadena. "Pay attention to the pattern that will emerge time and time again. [...] The people you will hear from ran in lofty circles. [...] Dorothy Melvin was a talent manager for Joan Rivers. She was Joan River's manager. [...] They met at a Christmas party."
AJ then describes Spector's and Melvin's bi-coastal relationship and how for part of the year, Spector lived in a hotel suite at the Carlyle or another New York hotel as well as his house in Pasadena.
Dorothy and Spector had a dating relationship. Dorothy Melvin had never been to Spector's home; had never been at his house, alone.
As I watch and listen to AJ present his opening statements he's not reading from a script. He's going completely from memory.
AJ describes the outfit Melvin is wearing ~a black dress with a fuscia jacket~ and the pleasant evening Spector and Dorothy had. While Spector has been playing the piano, throughout the evening he drinks an entire fifth of vodka. At some time during the evening, Melvin takes a cat nap on the white sofa. When she wakes up, it's morning.
I look on over at the jury, and one of the alternates in the front row, it appears that her mouth is dropped open a bit, listening to the story.
When Melvin steps outside looking for Spector, she finds him in the motor court, pointing a gun at her. He's screaming at her that he couldn't find her. Melvin is frightened and doesn't understand what's wrong with Spector. She tells him she was on the sofa with her bright jacket on, in plain view. Spector holds her at gunpoint. Spector is cursing and yelling at her to get back upstairs and take her clothes off. Dorothy takes off her jacket. AJ pantomimes with his arm out, his hand making it look like he's holding a gun.
Terrified, Melvin tries to escape. When she gets to her car, Spector comes at her with a shotgun and screams at her, "Get the fuck out!" AJ describes how Dorothy is telling Spector she can't get out because "...the gate, the gate is closed!"
AJ explains to the jury, "As we go through these incidents, that a pattern emerges of drinking and violence."
When Melvin gets out of the gated grounds, she calls the police. Her purse is still in the house and it has important papers in it; Joan River's passport. She needs to get her purse back.
AJ tells the jury about the police coming to Spector's house. "[Officer] Chris Russ will tell you, that he was confronted by Phil Spector wearing a shoulder holster. He found Melvin's purse and under the dining room table, the shot gun."
After AJ finishes with Melvin's story, he plays several of the messages that Spector left on Melvin's answering machine, cursing and threatening her. Up on the ELMO is a photo of Dorothy Melvin, and a summary list of events that occurred. After the story of each 1101(b) witness is presented, a similar display and list is put up on the ELMO.
Melissa Grosvenor
Melissa Grosvenor's terrifying 1992 experience is presented next. Melissa Grosvenor, who lived in New York, met Phil Spector at a party for Ahmet Ertegun. AJ describes who Ertegun was in the music industry. Phil Spector got Melissa's phone number and they began a casual dating relationship.
Phil Spector invites Melissa Grosvenor to visit his house in Pasadena for the weekend. He tells her, "I'll get you your own hotel room, to be respectful to you..." Spector booked her a flight and when she got to Los Angeles, she went to her hotel room to freshen up and then they went out to dinner where Spector started to drink. AJ goes on to describe more of the evening Ms. Grosvenor experienced. After dinner Phil and Melissa returned to Spector's Pasadena home. It's late into the evening and Melissa is tired; she's still on New York time. She tells Spector, "Phil, it was a great evening but I want to leave now." Melissa is in the foyer of this home, ready to be taken home, and SNAP!
(It's not in my notes, but I believe this is where AJ starts to add the "snap" of his fingers in his narrative, right before he starts to describe the change in Spector's behavior with each succeeding 1101(b)'s story.)
Melissa doesn't know where it came from but suddenly Spector is holding a gun to her head and he's yelling at her, "You are not leaving until I tell you!" Spector orders her into an overstuffed chair, all the while ranting and raving calling her names. Melissa Grosvenor was so tired from lack of sleep, she sat in that chair, exhausted, with Phil Spector holding her at gun point and she fell asleep.
Sometime the following morning, she was woken up by Spector nudging her foot. He was acting perfectly normal, and he asks her, "Hey! Do you want to go to breakfast?" Melissa thinking this is her opportunity to get out of the house, agrees and they went to breakfast.
Melissa and Spector don't discuss what happened. The only hint of the incident was when Spector says to her, "I guess you'll want to be going back east again?"
I take a moment to try to write down the summary list that's on the ELMO for Meilssa Grosvenor but I miss the last line.
Spector drinking/drunk
Romantic interest
Home alone
She tried to leave
Pulled a gun
Devra Robitaille
Devra Robitaille two incidents are described next. AJ goes into the history of how Devra met Spector over the phone when she worked for Warner Records and Spector was trying to negotiate a new record label with them that would be called Spector Warner Records. Eventually, Devra came to work for Spector. There was a dinner party that she helped arrange that Devra observes Spector starting to drink; and drink; and drink. After all the guests had left she says goodbye and starts to leave.
SNAP! She doesn't know where it came from but suddenly, Spector pushes a gun into her face. AJ describes how Devra ~and he tells the jury they will meet her, she's this tiny lady, a musical prodigy in her own right, with this British accent~ spoke to Spector in a stern tone of voice, like she was speaking to a child, because she didn't know what else to do.
AJ tells the jury that none of these women knew each other. They didn't know that Spector had pulled a gun on someone else, in a like situation, so they had no reason to be afraid. Spector locked the door and pulled a gun on Devra. The gun was pressed to her face.
Several years later, in the 1980's, "Here we go again," AJ explains. Spector has a dinner party and he begins to drink. As the last guest leaves, Devra checks the door and the door is locked. "Same thing again. She says she wants to leave. Spector finds a gun and presses it to her head. Spector said to her, Try to leave and I'll blow you away!"
Stephanie Jennings
1995. Stephanie Jennings is a photographer who lives in Philidelphia. AJ goes into detail how Stephanie met Spector. She was at an awards event, photographing the celebrities and she meets Spector. She is invited as Spector's guest to another event and Spector books her a room in the Carlyle Hotel where he is currently staying. The big attraction is really the after party event. At the after party event, Spector starts to drink.
I look over at the jury. To me, they still appear rapt at attention. AJ describes how Stephanie, very tired, goes back to her room to go to bed. Later in the night, she's woken up by a knock at her door. (AJ knocks on the podium for effect.) It's one of Spector's bodyguards telling her that Spector wants to see her in his room. Stephanie is adamant; she is tired, she wants to go to sleep. She tells the individual she will see Spector in the morning.
A few minutes later there is another knock at her door (AJ knocks on the podium again) and it's Spector. When she opens the door he has a gun with him that he points at her face. "You're not going anywhere!" Spector tells her. Spector takes a chair and sets it in front of the door, preventing Stephanie from leaving. AJ also describes the altercation Stephanie and Spector had in the bathroom where she ends up shoving him and he falls into the bathtub. While Spector is still in the room, Stephanie is able to call 911.
To be continued.....
Phil Spector Retrial: Opening Statements
Prosecution and defense opening statements were presented today in the retrial of Phil Spector who is facing one count of second degree murder in the February 3rd, 2003 shooting death of Lana Clarkson.
I have lots of notes and I can't possibly transcribe them all. This will be a very short highlight of today's events and when I get the free time, I will put up more detailed notes on the opening statements later. Mr. Sprocket came to court with me today but did indicate that he probably won't be back until closing arguments. There were some familiar faces in the gallery; Linda Deutsch, Harriet Ryan, Donte, Miriam Hernandez, Louis Spector and his companion Frieda, and lots of new ones like blog reader Linda and her friend Paula, who is working towards a degree in criminal justice.
In the afternoon session I see Detective Tomlin as well as Juror #9 who said he is going to come whenever he can. Ciaran McEvoy, now with the LA Daily Journal was also a welcome, familiar face. The Clarkson family and their attorneys were there, sitting in the front row. There were quite a few reporters that I didn't recognize, but I did get to meet the Telegraph's US correspondent, Kathryn, who I sat next to in the third row in the morning session.
The courtroom ended up being packed with a mix of general public and seasoned reporters. There were five reporters on laptops in the back row, Harriet being one of them.
A man who was a juror on the Black Widow trial that Truc Do prosecuted, brought his wife to the morning session thinking that Do would be presenting part or all of the opening statement. I believe they left around lunch time when they learned that AJ would be handling the entire opening.
AJ hit it out of the ballpark. At least, that was my impression. To me, some jurors appeared transfixed soon after the lights were dimmed and the prosecutions slide presentation was up on the ELMO; AJ took them on a journey of the five women in Spector's life with whom he became enraged when they told him they wanted to go home. I watched one alternate in the front row who looked like her jaw was hanging open a ways the entire time AJ was speaking.
Very early on in his presentation, AJ put up on the ELMO the words that Vincent Tannazzo testified to in Spector 1. "Women are all f***ing "C's". They all deserve a bullet in their heads." This was to show the "real" Phil Spector.
I freely admit I am a fan of AJ. I've had the opportunity to see him work his magic not only in Spector 1, but in pre-arraignment hearings on the Kazuyoshi Miura matter, a case that sadly ended when Miura took his own life less than 12 hours back on US soil.
But don't start thinking that this trial is a "slam dunk" for AJ and Ms. Do yet. Weinberg is a worthy adversary whose courtroom style is low key and worlds away from that dysfunctional group of combative egos in round 1. His best argument that I heard in the courtroom was bringing to the jurors attention that Adriano DeSouza, in speaking to the 911 operators and other sheriffs immediately after Lana's death, "...reconstructed the critical statement eight different ways..." of what Spector said when exiting the house, before settling on, "I think I killed somebody."
Weinberg points out that what he initially said to the first 911 operator was "I think, I think he said, I killed somebody. It's my English. I"m not sure." Weinberg then says the evidence will show "...officers then promote and encourage the most incriminating of the eight versions."
Where Burce Cutler, in a loud accusatory voice, claimed DeSouza didn't understand English, was napping and having a little siesta in the car with snacks and cookies, Weinberg tells the jurors that,
"He's a human being, and he's not sure what he heard. [...] Adriano has convinced himself what Mr. Spector said. He's the star of the case. Mr. DeSouza is wrong because he's a human being. He's not a tape recorder. We will prove to you that his perception was wrong. If it wasn't for the confession, we wouldn't be here."
Weinberg plans on attacking the credibility of Vincent Tannazzo. Weinberg told jurors that Vincent Tannazzo, supposedly a retired LE, only came forward with his statements recently, at the first trial and the evidence will show he is not what he appears to be.
Another argument that I felt had some merit were the ones based on the science. There was no GSR on Spector; no blood spatter on Spector's right sleeve jacket; the trajectory of the bullet was consistent with a self inflicted wound. There was no evidence of a struggle between Lana Clarkson and Phil Spector and there was no evidence of Spector's DNA under Lana's nails nor was there any torn clothing.
It remains to be seen whether or not the jury will consider it crucial that 1) the physical evidence could not answer manner of death and Dr. Pena was directed by his superiors not to order a psychological autopsy on Lana, instead utilizing an independent investigator to help them "determine the facts." Weinberg told the jury, "Lana Clarkson's body would look exactly the same if she was shot or responsible for shooting herself.
One of the weakest arguments for me was, "The evidence will show that there was physical evidence of sexual intimacy before she died. Phil Spector's DNA was on Lana Clarkson's left breast. Lana Clarkson's DNA was found on Phil Spector's scrotum. There's no basis of fact that he didn't want her to leave because he wanted sexual activity [...] in the face of those DNA facts.
To me, that's not enough DNA to prove Spector was "satisfied" with the outcome of the sexual contact. To buttress the claim that Spector was not holding Lana against her will, Weinberg tells the jurors that he still had the driver outside, waiting to take her home. That's not holding her against her will.
Weinberg skips over the facts about the dead bolt latch. The set screw was tampered with so that the exterior latch part of the bolt could instantly be pulled off with the bolt in the extended position, effectively locking someone inside the house.
I don't know how to get a feel for this jury, yet. It's a new trial and like I've mentioned before, a totally different vibe in the courtroom from last time. Towards the end of the court day, three male jurors in the back row had their arms crossed in front of their chests. One of those jurors nervously rocked a bit in his chair. It appeared to me at times that Juror #6, the research scientist was closing his eyes and possibly napping.
Dorothy Melvin will be the first witness in the box tomorrow morning. She's put on a little bit of weight, cut and curled her hair and I didn't recognize her at all!
Read Michelle Blaine's blog for her comments on Weinberg's claim that Lana was depressed and near the end of her rope. Michelle gets it spot on.
I hope to get a more detailed transcript up of opening statements but it will take me several days to get it up.
I have lots of notes and I can't possibly transcribe them all. This will be a very short highlight of today's events and when I get the free time, I will put up more detailed notes on the opening statements later. Mr. Sprocket came to court with me today but did indicate that he probably won't be back until closing arguments. There were some familiar faces in the gallery; Linda Deutsch, Harriet Ryan, Donte, Miriam Hernandez, Louis Spector and his companion Frieda, and lots of new ones like blog reader Linda and her friend Paula, who is working towards a degree in criminal justice.
In the afternoon session I see Detective Tomlin as well as Juror #9 who said he is going to come whenever he can. Ciaran McEvoy, now with the LA Daily Journal was also a welcome, familiar face. The Clarkson family and their attorneys were there, sitting in the front row. There were quite a few reporters that I didn't recognize, but I did get to meet the Telegraph's US correspondent, Kathryn, who I sat next to in the third row in the morning session.
The courtroom ended up being packed with a mix of general public and seasoned reporters. There were five reporters on laptops in the back row, Harriet being one of them.
A man who was a juror on the Black Widow trial that Truc Do prosecuted, brought his wife to the morning session thinking that Do would be presenting part or all of the opening statement. I believe they left around lunch time when they learned that AJ would be handling the entire opening.
AJ hit it out of the ballpark. At least, that was my impression. To me, some jurors appeared transfixed soon after the lights were dimmed and the prosecutions slide presentation was up on the ELMO; AJ took them on a journey of the five women in Spector's life with whom he became enraged when they told him they wanted to go home. I watched one alternate in the front row who looked like her jaw was hanging open a ways the entire time AJ was speaking.
Very early on in his presentation, AJ put up on the ELMO the words that Vincent Tannazzo testified to in Spector 1. "Women are all f***ing "C's". They all deserve a bullet in their heads." This was to show the "real" Phil Spector.
I freely admit I am a fan of AJ. I've had the opportunity to see him work his magic not only in Spector 1, but in pre-arraignment hearings on the Kazuyoshi Miura matter, a case that sadly ended when Miura took his own life less than 12 hours back on US soil.
But don't start thinking that this trial is a "slam dunk" for AJ and Ms. Do yet. Weinberg is a worthy adversary whose courtroom style is low key and worlds away from that dysfunctional group of combative egos in round 1. His best argument that I heard in the courtroom was bringing to the jurors attention that Adriano DeSouza, in speaking to the 911 operators and other sheriffs immediately after Lana's death, "...reconstructed the critical statement eight different ways..." of what Spector said when exiting the house, before settling on, "I think I killed somebody."
Weinberg points out that what he initially said to the first 911 operator was "I think, I think he said, I killed somebody. It's my English. I"m not sure." Weinberg then says the evidence will show "...officers then promote and encourage the most incriminating of the eight versions."
Where Burce Cutler, in a loud accusatory voice, claimed DeSouza didn't understand English, was napping and having a little siesta in the car with snacks and cookies, Weinberg tells the jurors that,
"He's a human being, and he's not sure what he heard. [...] Adriano has convinced himself what Mr. Spector said. He's the star of the case. Mr. DeSouza is wrong because he's a human being. He's not a tape recorder. We will prove to you that his perception was wrong. If it wasn't for the confession, we wouldn't be here."
Weinberg plans on attacking the credibility of Vincent Tannazzo. Weinberg told jurors that Vincent Tannazzo, supposedly a retired LE, only came forward with his statements recently, at the first trial and the evidence will show he is not what he appears to be.
Another argument that I felt had some merit were the ones based on the science. There was no GSR on Spector; no blood spatter on Spector's right sleeve jacket; the trajectory of the bullet was consistent with a self inflicted wound. There was no evidence of a struggle between Lana Clarkson and Phil Spector and there was no evidence of Spector's DNA under Lana's nails nor was there any torn clothing.
It remains to be seen whether or not the jury will consider it crucial that 1) the physical evidence could not answer manner of death and Dr. Pena was directed by his superiors not to order a psychological autopsy on Lana, instead utilizing an independent investigator to help them "determine the facts." Weinberg told the jury, "Lana Clarkson's body would look exactly the same if she was shot or responsible for shooting herself.
One of the weakest arguments for me was, "The evidence will show that there was physical evidence of sexual intimacy before she died. Phil Spector's DNA was on Lana Clarkson's left breast. Lana Clarkson's DNA was found on Phil Spector's scrotum. There's no basis of fact that he didn't want her to leave because he wanted sexual activity [...] in the face of those DNA facts.
To me, that's not enough DNA to prove Spector was "satisfied" with the outcome of the sexual contact. To buttress the claim that Spector was not holding Lana against her will, Weinberg tells the jurors that he still had the driver outside, waiting to take her home. That's not holding her against her will.
Weinberg skips over the facts about the dead bolt latch. The set screw was tampered with so that the exterior latch part of the bolt could instantly be pulled off with the bolt in the extended position, effectively locking someone inside the house.
I don't know how to get a feel for this jury, yet. It's a new trial and like I've mentioned before, a totally different vibe in the courtroom from last time. Towards the end of the court day, three male jurors in the back row had their arms crossed in front of their chests. One of those jurors nervously rocked a bit in his chair. It appeared to me at times that Juror #6, the research scientist was closing his eyes and possibly napping.
Dorothy Melvin will be the first witness in the box tomorrow morning. She's put on a little bit of weight, cut and curled her hair and I didn't recognize her at all!
Read Michelle Blaine's blog for her comments on Weinberg's claim that Lana was depressed and near the end of her rope. Michelle gets it spot on.
I hope to get a more detailed transcript up of opening statements but it will take me several days to get it up.
Tuesday, October 28, 2008
Phil Spector Retrial Day Five of Voir Dire
Monday, October 27th.
I thought I had just made the 8:29 train, but what happened was, they scrapped the 8:29 train and held it over until 8:39 am. When I boarded, there were a few people standing and I was lucky to get a spot by the door where I could lean against the back of a seat row. When we finally left the station, our car was packed like a tin of sardines and all I could think about was, "Well, if a crash happens, I'll be padded by all these tightly packed bodies."
When I enter 106, I see Spector's adopted son, Donte, sitting to the right of Rachelle. Spector's bodyguard is also here. Just about everyone is here; AJ, TD, Weinberg, most of his staff and the jury consultants. The young man who has been sitting to the left of Weinberg enters the courtroom and as he passes Rachelle, I believe I hear her greet him. "Hello Richard," she says.
As we wait I try to tune out the conversation that Rachelle and Donte are having but it's hard. Donte gives Rachelle his phone number. I see AJ, Do and the court reporter chat a bit. Approximately 9:32 am, Wendy brings in the jury. The attorneys and Spector stand as they enter.
I see Spector drop his head a bit as they wait, then he clasps his hands in front of him. Spector lifts his head and watches the jurors enter the courtroom. The waiting group fills the first two long bench rows on the left and four people are in the third bench row. The numbers in the gallery have continued to dwindle.
The bailiff asks Spector's bodyguard to step out of the courtroom for a moment to speak to him and they both enter the little ante chamber between the courtroom and the hallway. Just a few seconds later, they both return to the courtroom.
Juror #6 raises his hand and states he would like to make statements about his job and financial situation. He asks Judge Fidler if he can state them in open court.
Fidler replies, "No you may not. Approach the bench."
Juror #6 says, "I've discussed with my employer..." And that's all I hear. Fidler listens intently to the juror. His left elbow is on his desk and his chin rests in his left hand.
Fidler says, "I appreciate your..." and that's all I hear. He then reads the papers the juror has brought. Juror #6 leaves the bench and counsel confer with the judge. The Judge then calls a brief recess for about 10 minutes and all the jurors and potential jurors exit the courtroom.
The defense confers together in a group with Spector. AJ & TD confer with their jury consultants. Spector is still standing, but now he slowly wanders around a bit in the well area. His head is down and he heads over to where one of the defense's jury consultants is seated.
Spector then leaves the well and comes over to Rachelle. I overhear him say to Rachelle and Donte, "I knew that guy was going to..." and then I miss the last words. His voice is very raspy as he tries to whisper to them.
The clerks from the DA's office assigned to this case stand near the well on the prosecution's side of the room.
I then hear Spector say, "Now we've got to bring..." and that's all I get of that statement.
I observe Spector, who is standing by Rachelle who is seated, hold her left hand and start to gently swing his right arm a little bit. He stands there next to her for a short time, continuing to hold her hand and swing his arm.
"If the judge orders him to stay he won't be angry at any one of us..." Spector says to Rachelle.
She replies, "Oh, of course."
I observe counsel enter Fidler's chambers.
"This is his last chance. He's been sworn in already," Spector says to Donte. "I mean this guy is unhappy and he's got very important work. [...] He should never have been allowed to come back when this first came up and he said, 'Judge I can't serve.' "
The AP reporter is here.
About this time, Rachelle introduces Donte to Spector's bodyguard. I see Weinberg's paralegal, Susan, come over to the AP reporter and speak to her. Spector goes back to sit in the well area. Spector and his defense team confer. Rachelle and Donte chat. As we wait for Judge Fidler and counsel, Specter wanders over to the gate as if to enter the gallery. I see that he has his hands clasped together in front of him and they appear to be shaking slightly.
Weinberg's assistant, Richard, comes over to speak to the AP reporter about Las Vegas. (The AP reporter covered OJ Simpson's robbery trial.)
Pat Kelly from the PIO, enters the court and goes over to Fidler's clerk, Wendy, and drops off papers and picks up others. She stops to chat a bit with the bailiff, and then says hello to the AP reporter. When she sits beside me in the back row, I write her this note: #6 has made another plea to be excused from service.
I don't have it in my notes who calls it, but I believe it's Judge Fidler who announces that the court will take a half hour break; it also could have been Wendy. I leave the courtroom to call donchais to give her the breaking news, and then go right back in.
Rachelle and Donte continue to chat. I see Spector emerging from the jury room. Most likely, he was using the bathroom. Spector wanders around the room a bit. It could be just nervous walking while everyone is waiting.
Two young ladies had entered earlier and are sitting in the chair row in front of me. The bailiff comes over to ask them, "What are you here for?" Donte gets up from his seat to talk to Spector at the well. Weinberg is at the defense table with Susan and Richard. Jennifer is at the end of the table. Donte returns to his seat. Spector comes over to Rachelle and she digs into her purse for something.
Spector and Rachelle and Donte leave the courtroom and stop in the ante chamber. Their bodyguard is with them. I observe Rachelle take two photographs of Spector and Donte together. I hear the noise of the camera take the two shots. Right afterwards, I wonder if they got approval from the court, first.
Inside the courtroom, the AP reporter says something to Weinberg and he responds, "It's a legal conundrum." I leave the courtroom for a moment to update donchais on the delay.
It's 10:35 am, and we're still waiting. Wendy addresses Mr. Weinberg and says, "Just so you know they're not being rude, they did call me and ask for a couple more minutes."
10:45 am. The people's jury consultant Howard Varinsky enters the courtroom. The prosecution team is a minute or two later. I've been admiring the suit Truc Do has on today. (Every time I've seen her, I've noticed that her outfits look perfectly tailored.) Today, it's a form fitting black jacket with a matching skirt that has a flare pleat in the back. I can just see a hint of the white top that has a deep vee neckline in the front, underneath her suit jacket.
Although Truc is a new addition to this case, she has been with the Major Crimes unit for a few years. The attorneys that make up the staff of the unit are the best of the best of the DA's office and have years of experience. Ms. Do and co-counsel Bobby Grace successfully prosecuted the Black Widow case. And in May 2007, she also obtained a conviction for serial murder Chester Turner who killed at least thirteen women. She prosecuted her first murder case with Steve Barshop, now retired.
At 10:55 am, the attorney's enter Fidler's chambers again with the court reporter. Rachelle gives something in a flat paper bag to Spector that he takes back to the defense table. Not long afterwards, the court reporter comes out of Fidler's chambers, although the attorneys are still in there. I then see a few senior members of the DA's staff enter the courtroom. One is a tall slender man with glasses, a senior member of the DA's staff who's name escapes me at the moment and the other is Pat Dixon. Another clerk from the DA's office enters. Pat Dixon speaks to AJ and Varinsky.
AJ says to Wendy, before the jurors come in, could we put something on the record? People move around in the courtroom while we wait. Court is called to order a moment later.
AJ addresses the court. "I thought we would come to the conclusion and put something on the record before the jury comes back in." Fidler responds, "I'm going to talk to the juror at the bench, first." AJ apologizes to the court. Wendy collects the jurors and they file in.
Juror #6 is at the bench and Fidler speaks to him. Afterwards, he takes his seat back in the jury box. I'm surprised. I thought for sure they would excuse him. After the ruling Pat Dixon and the other gentleman leave 106.
I leave the courtroom for a moment to call donchais and update her on the ruling. When I get back in the courtroom, at 11:16 am, a new juror has already been called to replace empty seat #14 and she is at the bench being interviewed for a privacy issue.
After the bench conference, Weinberg has no more questions for the juror.
I don't have it in my notes, but I believe it's AJ who steps up to interview the potential juror. She works for a credit card company, reviewing applications for credit. People call her up, apply for credit, ask for a change in their credit card contract, what APR they can get, etc. Depending on a set criteria, she makes the decision for that request. She looks at people's history and based on their history she makes a decision. She believes that looking at the individuals history is an important part of the decision process. She had never heard of Phil Spector before, and she's never been on a jury.
AJ asks her about her thoughts about the concepts of beyond a reasonable doubt. She doesn't have anything to say about the court process. "Does it seem like a fair system? Do the attorneys appear fair?" Yes, she answers. "Does the Judge appear fair?" Yes, she says. "Would you place an undo burden of proof upon the defense? No, she answers.
AJ gives her some examples of direct verses circumstantial evidence and asks her if she would have and problem bringing back a guilty verdict "...if the prosecution proved it's case beyond a reasonable doubt?" No, she answers. She would give each type of evidence the same weight.
Number 16 raises her hand and says she has something to tell the court. This morning, her firm told her that they will be merging with another firm and that one of the attorney's in the other firm is connected to the case. She rattles off the name of a firm with the last name "Daily" or "Daly" in it. Judge Fidler says, "I know what it is about. Counsel approach. Fidler then addresses #16. "Do you deal with anyone with that [other] firm? "No. I don't even know who Mr. Daily is."
The peremptory challenge is with the people and juror #14 is excused. A new number is called, 066, and Fidler gives this new female juror his standard questions. The juror claims two areas of privacy.
DW: Are there any issues that you've heard us discuss that you have any difference with?
#14: No, not at all.
She doesn't have any opinion about the criminal justice system. "It is what it is," she answers.
She did say on her questionnaire, that she would expect a defendant to testify.
DW: Do you still accept that?
#14: After listening to the conversation the past few days, I understand now why that decision is made.
DW: Do you feel the prosecution is committed to the law any more than the defense?
#14: Um, no.
Although she wrote that she had reservations on her questionnaire, she now says she should be "okay" looking at graphic photos. She thinks she will be okay, even though she's never been subjected to anything like that. She does say that she would have sided with the prosecution in the first case. It's based on what little things she saw on TV and not that she "followed" the case.
DW: Are you confident that you can listen to the evidence and be fair to both sides?
#14: I think so.
Ms. Do gets up to interview for the prosecution.
The juror goes to different companies and does technology analysis. She has worked in the entertainment industry. At one time, she pursued voice over work. She had a few jobs, but nothing substantial. She says no one would recognize her work. She used to have a blog, but not for a few years. She would blog about her daily activities. It was open to the public and a lot of people read it. She's never seen crime scene photos before. She doesn't like scary movies.
TD: Like Mr. Jackson said previously, no one will be forced to stare at photographs.
#14: I will try but hopefully, not for long.
The juror also reveals that her father was convicted of a crime when she was about 10 or 11 years old for transporting drugs from the US into Canada. She didn't blame anyone. "It is what it is." She says her father thought the verdict was unfair, but "I think it was fair." She says she would not hold any bias against the prosecution, even though his conviction was in Los Angeles County. "There are consequences to peoples' actions," she says. She doesn't remember when it happened.
She has had some experience with depression, and she has two friends, also in their 20's who have dealt with depression.
TD: What type of things did they go through?
#14: Cheated on. Divorce. Lost their jobs. Just a lot of different things. They talked to her and went to therapy [was how they dealt with it].
She now talks about her own depression. It had to do with her father, and relationship problems she had. She didn't go to therapy. She talked with friends and dealt with it herself. Her doctor gave her medication to help her sleep, but she discontinued it after a short time because she didn't want to become dependent on it.
TD: Did you ever get concerned for your safety?
#14: No.
TD: Did your friends ever become concerned for your safety?
#14: I don't think so.
I have that the peremptory is with the people and they pass. Then the defense passes; it's back to the people. I know someone is excused, but I don't have who it is. Ah! I found it later in my notes. Juror #15.
The lunch break is called and I head over to the underground city to sit outside and eat my seared salmon and peas Mr. Sprocket fixed for me.
1:27 pm. I'm back inside the courtroom. Not everyone is here yet. Weinberg emerges from the jury room and sits at the defense table. Mr. Weinberg turns around and looks directly at the back of the room. I could be imagining it, but I thought he was looking directly at me.
AJ enters right about 1:30 pm with Ms. Do. He's pushing the cart with all their case materials. His clerks assigned to the case are with him, as well as the jury consultants.
We wait for the jury. Ms. Do chats with the consultants. Wendy asks Mr. Weinberg if we are waiting for Jennifer and he says no. Wendy then gets the jurors. A new number is called, 031, a woman.
She works for the State of California as a corporation examiner. She specifically reviews escrow accounts. She goes to their offices to review their trust accounts to make sure the laws are being followed. It sounds like she had a similar job to what I had in the banking industry well over 20 years ago. An auditor.
She said when she first filled out the questionnaire, she was not thinking about the questions. (So there was a bit of confusion there with the questions.)
Weinberg goes over in detail with juror #15, to ensure she has an understanding of the law. There are quite a few questions and answers back and forth.
Weinberg asks, "Do you agree that people have the money to hire better lawyers?" Yes, she answers. "There's nothing wrong with that is there?" No, she says. "If you were on trial would you be satisfied to be tried by members of your peers who were like minded as you?" Yes, she says.
AJ steps up to question the juror. She confirms that she doesn't like to speak in public.
A sheriff enters the ante chamber and hangs out there.
The juror confirms she is an accountant at the state level and she performs audits. I was very close. She is an accountant who performs audits. She deals with numbers and everything is precise.
AJ: You wouldn't have the same level of exactness for this case because we deal with human beings?
#15: No.
This is her first jury experience.
AJ: At the end of this trial, we're going to stand here and ask you for a guilty verdict. If we prove our case with a preponderance of the evidence beyond a reasonable doubt, would you be able to give a guilty verdict at the end of the case?
#15: Yes.
The next peremptory is with the defense. They pass. The prosecution excuses juror #18.
DW: Before the juror leaves, may we approach?
TD, AJ and Weinberg have a bench conference.
One of the DA's clerks enters and sits by the other clerk. #18, a black man is excused.
021 is called, a female. Fidler gives her his standard questions. She has two areas where she claims privacy.
In her jury questionnaire she stated she already had strong opinions about the case. She felt that the defendant should have to defend himself. She followed the first trial and formed an opinion. Based on what she saw, Spector is guilty and anyone who doesn't agree is wrong. After Weinberg verifies that those were her words, she states that she still thinks she can't be fair.
DW: Based on what you know, in your heart you can't be fair? The juror agrees.
#18 I never watched it on TV. Just on the news. Her friends all thought he was guilty.
DW: If that's your opinion...
Ms. Do passes on questioning the juror and thanks her for her time.
#18 is removed for cause. A new juror number is called called. 290.
The new #18 offers additions to her juror questionnaire. Says she knows people in law enforcement; a family member. She's had to call LE on people for, I believe, a minor issue. Her brother owns a gun and she doesn't claim any areas of privacy.
She is a customer service representative "lead." She supervises a large group of 25 people for about six, seven-eight years. She has been with the company for 20 years. She is not involved with hiring or firing. She only sees the LE family member once a year. Her son's friend recently become a sheriff.
DW: Do you believe it is more important that one guilty person is convicted or more important that one innocent person is not convicted?
#18: More important that an innocent person is not convicted.
She reveals that her brother committed suicide with a gun. It came as a complete surprise to her. She had no idea that he was on the edge.
DW: If you were on trial, would you be comfortable with a jury of your peers with your mind set?
#18: Yes.
DW: You have no reservations about being fair to both sides? No, she says.
Do gets up to question her about the court system and thoughts about the system being more fair to the guilty verses innocent.
#18: We have a system that strives to be fair.
She explains that she doesn't like to be confrontational. This is in regards to what she doesn't like about her job. Her son had a DUI. She felt the court system was fair in his case and she had no resentments toward the court system.
Regarding the brother who committed suicide, he was younger by approximately one year. He was going through a divorce and his daughter was getting married. There is a bit of detail here that I miss, regarding the upcoming wedding and who was invited and whether he was going to go, as well as the specifics of who said what to whom regarding the niece and her mother and some information that they relayed to her.
She states her brother was having difficulties with the divorce.
TD: Was he open or closed? [Was he a private person?]
#18 All three of us are private.
She reveals that he was alone. He was a paramedic, and he planned the suicide. He called the coroner in advance to let him know what he was going to do [and I believe, where to find him]. He left her a letter. She thinks that, even with this event in her life, she can still be fair to both sides.
Peremptory is with the people and they pass. The defense passes and it goes back to the people. AJ confers with Varinsky for a moment then tells the court, "We accept the panel." Weinberg accepts the panel also. We have a complete jury with alternates now!
The six alternates stand and take their oath. Fidler addresses the gallery. "There's a selective sigh of relief from the panel in the gallery," he says. He thanks them for their service, [and I think patience] and tells them how important their service is. He then directs them to turn in their badges and that they are done for an entire year. The group in the gallery file out.
Fidler then reads from a set of instructions to the jurors about how they will try the case. They are to report back on Wednesday morning for opening statements. Someone in the group asks a question as to the time and Fidler says, "9:30 am to 10 am."
"You are not allowed to discuss the case until deliberations [...] Do not do any research yourself. Do not use the dictionary or the Internet or other materials to search [...] If you overhear anything about the case, don't tell anyone else. Tell the clerk or a bailiff [...] You may take notes." Fidler then explains reasonable doubt and presumption of innocence. These are lengthy instructions and at the beginning he assured the panel that they would get copies of these instructions. Fidler then gives his thoughts on the jury being allowed to ask questions. Some judges do; some don't.
"I don't let jurors ask questions because, 1.) it causes a disruption in the process; 2.) I find that the juror then becomes an advocate for one side or the other [and if the question isn't asked they then feel they know who objected to their question]. So you will not be allowed to ask questions."
The judge now instructs the jurors to step into the jury room, and tells them they are to report by 10 am, Wednesday morning. Everyone stands while the jury files out.
It's now that the Judge states on the record that there is a pending request to put a "web cam" in the courtroom without a camera operator of some kind. Allan Parachini is handling the details, and he doesn't have all the information to rule on that yet. There possibly is going to be a still camera [I'm betting in the gallery] just for opening statements. Not a camera on the wall. There will be a still photographer [from the AP]. (See my last entry for an update on courtroom cameras.) After that, Fidler leaves the bench and goes into chambers.
Weinberg comes over and tells Rachelle he wants to talk to Spector for a moment. Afterwards, AJ speaks to Weinberg in the well about the numbering of the exhibits and how it got totally out of control in the first trial. He then mentions an exhibit that Dr. Lynn Herold will be talking about. It's a diagram that the defense already has, and it's [has markings on it] about distance of Lana Clarkson's head and those points all marked out. Weinberg asks if it changes her opinion at all and AJ says that it doesn't.
And that's it for court. As AJ and the rest of the prosecution staff passes me he asks, "Are you going to be here Wednesday?" And I tell him, "Yes I will."
I had asked Mr. Sprocket on Monday if he would go to opening statements with me on Wednesday. At first he declined, but today he said that he would go. We will probably take the train, depending on whether or not we can get out the door on time.
I thought I had just made the 8:29 train, but what happened was, they scrapped the 8:29 train and held it over until 8:39 am. When I boarded, there were a few people standing and I was lucky to get a spot by the door where I could lean against the back of a seat row. When we finally left the station, our car was packed like a tin of sardines and all I could think about was, "Well, if a crash happens, I'll be padded by all these tightly packed bodies."
When I enter 106, I see Spector's adopted son, Donte, sitting to the right of Rachelle. Spector's bodyguard is also here. Just about everyone is here; AJ, TD, Weinberg, most of his staff and the jury consultants. The young man who has been sitting to the left of Weinberg enters the courtroom and as he passes Rachelle, I believe I hear her greet him. "Hello Richard," she says.
As we wait I try to tune out the conversation that Rachelle and Donte are having but it's hard. Donte gives Rachelle his phone number. I see AJ, Do and the court reporter chat a bit. Approximately 9:32 am, Wendy brings in the jury. The attorneys and Spector stand as they enter.
I see Spector drop his head a bit as they wait, then he clasps his hands in front of him. Spector lifts his head and watches the jurors enter the courtroom. The waiting group fills the first two long bench rows on the left and four people are in the third bench row. The numbers in the gallery have continued to dwindle.
The bailiff asks Spector's bodyguard to step out of the courtroom for a moment to speak to him and they both enter the little ante chamber between the courtroom and the hallway. Just a few seconds later, they both return to the courtroom.
Juror #6 raises his hand and states he would like to make statements about his job and financial situation. He asks Judge Fidler if he can state them in open court.
Fidler replies, "No you may not. Approach the bench."
Juror #6 says, "I've discussed with my employer..." And that's all I hear. Fidler listens intently to the juror. His left elbow is on his desk and his chin rests in his left hand.
Fidler says, "I appreciate your..." and that's all I hear. He then reads the papers the juror has brought. Juror #6 leaves the bench and counsel confer with the judge. The Judge then calls a brief recess for about 10 minutes and all the jurors and potential jurors exit the courtroom.
The defense confers together in a group with Spector. AJ & TD confer with their jury consultants. Spector is still standing, but now he slowly wanders around a bit in the well area. His head is down and he heads over to where one of the defense's jury consultants is seated.
Spector then leaves the well and comes over to Rachelle. I overhear him say to Rachelle and Donte, "I knew that guy was going to..." and then I miss the last words. His voice is very raspy as he tries to whisper to them.
The clerks from the DA's office assigned to this case stand near the well on the prosecution's side of the room.
I then hear Spector say, "Now we've got to bring..." and that's all I get of that statement.
I observe Spector, who is standing by Rachelle who is seated, hold her left hand and start to gently swing his right arm a little bit. He stands there next to her for a short time, continuing to hold her hand and swing his arm.
"If the judge orders him to stay he won't be angry at any one of us..." Spector says to Rachelle.
She replies, "Oh, of course."
I observe counsel enter Fidler's chambers.
"This is his last chance. He's been sworn in already," Spector says to Donte. "I mean this guy is unhappy and he's got very important work. [...] He should never have been allowed to come back when this first came up and he said, 'Judge I can't serve.' "
The AP reporter is here.
About this time, Rachelle introduces Donte to Spector's bodyguard. I see Weinberg's paralegal, Susan, come over to the AP reporter and speak to her. Spector goes back to sit in the well area. Spector and his defense team confer. Rachelle and Donte chat. As we wait for Judge Fidler and counsel, Specter wanders over to the gate as if to enter the gallery. I see that he has his hands clasped together in front of him and they appear to be shaking slightly.
Weinberg's assistant, Richard, comes over to speak to the AP reporter about Las Vegas. (The AP reporter covered OJ Simpson's robbery trial.)
Pat Kelly from the PIO, enters the court and goes over to Fidler's clerk, Wendy, and drops off papers and picks up others. She stops to chat a bit with the bailiff, and then says hello to the AP reporter. When she sits beside me in the back row, I write her this note: #6 has made another plea to be excused from service.
I don't have it in my notes who calls it, but I believe it's Judge Fidler who announces that the court will take a half hour break; it also could have been Wendy. I leave the courtroom to call donchais to give her the breaking news, and then go right back in.
Rachelle and Donte continue to chat. I see Spector emerging from the jury room. Most likely, he was using the bathroom. Spector wanders around the room a bit. It could be just nervous walking while everyone is waiting.
Two young ladies had entered earlier and are sitting in the chair row in front of me. The bailiff comes over to ask them, "What are you here for?" Donte gets up from his seat to talk to Spector at the well. Weinberg is at the defense table with Susan and Richard. Jennifer is at the end of the table. Donte returns to his seat. Spector comes over to Rachelle and she digs into her purse for something.
Spector and Rachelle and Donte leave the courtroom and stop in the ante chamber. Their bodyguard is with them. I observe Rachelle take two photographs of Spector and Donte together. I hear the noise of the camera take the two shots. Right afterwards, I wonder if they got approval from the court, first.
Inside the courtroom, the AP reporter says something to Weinberg and he responds, "It's a legal conundrum." I leave the courtroom for a moment to update donchais on the delay.
It's 10:35 am, and we're still waiting. Wendy addresses Mr. Weinberg and says, "Just so you know they're not being rude, they did call me and ask for a couple more minutes."
10:45 am. The people's jury consultant Howard Varinsky enters the courtroom. The prosecution team is a minute or two later. I've been admiring the suit Truc Do has on today. (Every time I've seen her, I've noticed that her outfits look perfectly tailored.) Today, it's a form fitting black jacket with a matching skirt that has a flare pleat in the back. I can just see a hint of the white top that has a deep vee neckline in the front, underneath her suit jacket.
Although Truc is a new addition to this case, she has been with the Major Crimes unit for a few years. The attorneys that make up the staff of the unit are the best of the best of the DA's office and have years of experience. Ms. Do and co-counsel Bobby Grace successfully prosecuted the Black Widow case. And in May 2007, she also obtained a conviction for serial murder Chester Turner who killed at least thirteen women. She prosecuted her first murder case with Steve Barshop, now retired.
At 10:55 am, the attorney's enter Fidler's chambers again with the court reporter. Rachelle gives something in a flat paper bag to Spector that he takes back to the defense table. Not long afterwards, the court reporter comes out of Fidler's chambers, although the attorneys are still in there. I then see a few senior members of the DA's staff enter the courtroom. One is a tall slender man with glasses, a senior member of the DA's staff who's name escapes me at the moment and the other is Pat Dixon. Another clerk from the DA's office enters. Pat Dixon speaks to AJ and Varinsky.
AJ says to Wendy, before the jurors come in, could we put something on the record? People move around in the courtroom while we wait. Court is called to order a moment later.
AJ addresses the court. "I thought we would come to the conclusion and put something on the record before the jury comes back in." Fidler responds, "I'm going to talk to the juror at the bench, first." AJ apologizes to the court. Wendy collects the jurors and they file in.
Juror #6 is at the bench and Fidler speaks to him. Afterwards, he takes his seat back in the jury box. I'm surprised. I thought for sure they would excuse him. After the ruling Pat Dixon and the other gentleman leave 106.
I leave the courtroom for a moment to call donchais and update her on the ruling. When I get back in the courtroom, at 11:16 am, a new juror has already been called to replace empty seat #14 and she is at the bench being interviewed for a privacy issue.
After the bench conference, Weinberg has no more questions for the juror.
I don't have it in my notes, but I believe it's AJ who steps up to interview the potential juror. She works for a credit card company, reviewing applications for credit. People call her up, apply for credit, ask for a change in their credit card contract, what APR they can get, etc. Depending on a set criteria, she makes the decision for that request. She looks at people's history and based on their history she makes a decision. She believes that looking at the individuals history is an important part of the decision process. She had never heard of Phil Spector before, and she's never been on a jury.
AJ asks her about her thoughts about the concepts of beyond a reasonable doubt. She doesn't have anything to say about the court process. "Does it seem like a fair system? Do the attorneys appear fair?" Yes, she answers. "Does the Judge appear fair?" Yes, she says. "Would you place an undo burden of proof upon the defense? No, she answers.
AJ gives her some examples of direct verses circumstantial evidence and asks her if she would have and problem bringing back a guilty verdict "...if the prosecution proved it's case beyond a reasonable doubt?" No, she answers. She would give each type of evidence the same weight.
Number 16 raises her hand and says she has something to tell the court. This morning, her firm told her that they will be merging with another firm and that one of the attorney's in the other firm is connected to the case. She rattles off the name of a firm with the last name "Daily" or "Daly" in it. Judge Fidler says, "I know what it is about. Counsel approach. Fidler then addresses #16. "Do you deal with anyone with that [other] firm? "No. I don't even know who Mr. Daily is."
The peremptory challenge is with the people and juror #14 is excused. A new number is called, 066, and Fidler gives this new female juror his standard questions. The juror claims two areas of privacy.
DW: Are there any issues that you've heard us discuss that you have any difference with?
#14: No, not at all.
She doesn't have any opinion about the criminal justice system. "It is what it is," she answers.
She did say on her questionnaire, that she would expect a defendant to testify.
DW: Do you still accept that?
#14: After listening to the conversation the past few days, I understand now why that decision is made.
DW: Do you feel the prosecution is committed to the law any more than the defense?
#14: Um, no.
Although she wrote that she had reservations on her questionnaire, she now says she should be "okay" looking at graphic photos. She thinks she will be okay, even though she's never been subjected to anything like that. She does say that she would have sided with the prosecution in the first case. It's based on what little things she saw on TV and not that she "followed" the case.
DW: Are you confident that you can listen to the evidence and be fair to both sides?
#14: I think so.
Ms. Do gets up to interview for the prosecution.
The juror goes to different companies and does technology analysis. She has worked in the entertainment industry. At one time, she pursued voice over work. She had a few jobs, but nothing substantial. She says no one would recognize her work. She used to have a blog, but not for a few years. She would blog about her daily activities. It was open to the public and a lot of people read it. She's never seen crime scene photos before. She doesn't like scary movies.
TD: Like Mr. Jackson said previously, no one will be forced to stare at photographs.
#14: I will try but hopefully, not for long.
The juror also reveals that her father was convicted of a crime when she was about 10 or 11 years old for transporting drugs from the US into Canada. She didn't blame anyone. "It is what it is." She says her father thought the verdict was unfair, but "I think it was fair." She says she would not hold any bias against the prosecution, even though his conviction was in Los Angeles County. "There are consequences to peoples' actions," she says. She doesn't remember when it happened.
She has had some experience with depression, and she has two friends, also in their 20's who have dealt with depression.
TD: What type of things did they go through?
#14: Cheated on. Divorce. Lost their jobs. Just a lot of different things. They talked to her and went to therapy [was how they dealt with it].
She now talks about her own depression. It had to do with her father, and relationship problems she had. She didn't go to therapy. She talked with friends and dealt with it herself. Her doctor gave her medication to help her sleep, but she discontinued it after a short time because she didn't want to become dependent on it.
TD: Did you ever get concerned for your safety?
#14: No.
TD: Did your friends ever become concerned for your safety?
#14: I don't think so.
I have that the peremptory is with the people and they pass. Then the defense passes; it's back to the people. I know someone is excused, but I don't have who it is. Ah! I found it later in my notes. Juror #15.
The lunch break is called and I head over to the underground city to sit outside and eat my seared salmon and peas Mr. Sprocket fixed for me.
1:27 pm. I'm back inside the courtroom. Not everyone is here yet. Weinberg emerges from the jury room and sits at the defense table. Mr. Weinberg turns around and looks directly at the back of the room. I could be imagining it, but I thought he was looking directly at me.
AJ enters right about 1:30 pm with Ms. Do. He's pushing the cart with all their case materials. His clerks assigned to the case are with him, as well as the jury consultants.
We wait for the jury. Ms. Do chats with the consultants. Wendy asks Mr. Weinberg if we are waiting for Jennifer and he says no. Wendy then gets the jurors. A new number is called, 031, a woman.
She works for the State of California as a corporation examiner. She specifically reviews escrow accounts. She goes to their offices to review their trust accounts to make sure the laws are being followed. It sounds like she had a similar job to what I had in the banking industry well over 20 years ago. An auditor.
She said when she first filled out the questionnaire, she was not thinking about the questions. (So there was a bit of confusion there with the questions.)
Weinberg goes over in detail with juror #15, to ensure she has an understanding of the law. There are quite a few questions and answers back and forth.
Weinberg asks, "Do you agree that people have the money to hire better lawyers?" Yes, she answers. "There's nothing wrong with that is there?" No, she says. "If you were on trial would you be satisfied to be tried by members of your peers who were like minded as you?" Yes, she says.
AJ steps up to question the juror. She confirms that she doesn't like to speak in public.
A sheriff enters the ante chamber and hangs out there.
The juror confirms she is an accountant at the state level and she performs audits. I was very close. She is an accountant who performs audits. She deals with numbers and everything is precise.
AJ: You wouldn't have the same level of exactness for this case because we deal with human beings?
#15: No.
This is her first jury experience.
AJ: At the end of this trial, we're going to stand here and ask you for a guilty verdict. If we prove our case with a preponderance of the evidence beyond a reasonable doubt, would you be able to give a guilty verdict at the end of the case?
#15: Yes.
The next peremptory is with the defense. They pass. The prosecution excuses juror #18.
DW: Before the juror leaves, may we approach?
TD, AJ and Weinberg have a bench conference.
One of the DA's clerks enters and sits by the other clerk. #18, a black man is excused.
021 is called, a female. Fidler gives her his standard questions. She has two areas where she claims privacy.
In her jury questionnaire she stated she already had strong opinions about the case. She felt that the defendant should have to defend himself. She followed the first trial and formed an opinion. Based on what she saw, Spector is guilty and anyone who doesn't agree is wrong. After Weinberg verifies that those were her words, she states that she still thinks she can't be fair.
DW: Based on what you know, in your heart you can't be fair? The juror agrees.
#18 I never watched it on TV. Just on the news. Her friends all thought he was guilty.
DW: If that's your opinion...
Ms. Do passes on questioning the juror and thanks her for her time.
#18 is removed for cause. A new juror number is called called. 290.
The new #18 offers additions to her juror questionnaire. Says she knows people in law enforcement; a family member. She's had to call LE on people for, I believe, a minor issue. Her brother owns a gun and she doesn't claim any areas of privacy.
She is a customer service representative "lead." She supervises a large group of 25 people for about six, seven-eight years. She has been with the company for 20 years. She is not involved with hiring or firing. She only sees the LE family member once a year. Her son's friend recently become a sheriff.
DW: Do you believe it is more important that one guilty person is convicted or more important that one innocent person is not convicted?
#18: More important that an innocent person is not convicted.
She reveals that her brother committed suicide with a gun. It came as a complete surprise to her. She had no idea that he was on the edge.
DW: If you were on trial, would you be comfortable with a jury of your peers with your mind set?
#18: Yes.
DW: You have no reservations about being fair to both sides? No, she says.
Do gets up to question her about the court system and thoughts about the system being more fair to the guilty verses innocent.
#18: We have a system that strives to be fair.
She explains that she doesn't like to be confrontational. This is in regards to what she doesn't like about her job. Her son had a DUI. She felt the court system was fair in his case and she had no resentments toward the court system.
Regarding the brother who committed suicide, he was younger by approximately one year. He was going through a divorce and his daughter was getting married. There is a bit of detail here that I miss, regarding the upcoming wedding and who was invited and whether he was going to go, as well as the specifics of who said what to whom regarding the niece and her mother and some information that they relayed to her.
She states her brother was having difficulties with the divorce.
TD: Was he open or closed? [Was he a private person?]
#18 All three of us are private.
She reveals that he was alone. He was a paramedic, and he planned the suicide. He called the coroner in advance to let him know what he was going to do [and I believe, where to find him]. He left her a letter. She thinks that, even with this event in her life, she can still be fair to both sides.
Peremptory is with the people and they pass. The defense passes and it goes back to the people. AJ confers with Varinsky for a moment then tells the court, "We accept the panel." Weinberg accepts the panel also. We have a complete jury with alternates now!
The six alternates stand and take their oath. Fidler addresses the gallery. "There's a selective sigh of relief from the panel in the gallery," he says. He thanks them for their service, [and I think patience] and tells them how important their service is. He then directs them to turn in their badges and that they are done for an entire year. The group in the gallery file out.
Fidler then reads from a set of instructions to the jurors about how they will try the case. They are to report back on Wednesday morning for opening statements. Someone in the group asks a question as to the time and Fidler says, "9:30 am to 10 am."
"You are not allowed to discuss the case until deliberations [...] Do not do any research yourself. Do not use the dictionary or the Internet or other materials to search [...] If you overhear anything about the case, don't tell anyone else. Tell the clerk or a bailiff [...] You may take notes." Fidler then explains reasonable doubt and presumption of innocence. These are lengthy instructions and at the beginning he assured the panel that they would get copies of these instructions. Fidler then gives his thoughts on the jury being allowed to ask questions. Some judges do; some don't.
"I don't let jurors ask questions because, 1.) it causes a disruption in the process; 2.) I find that the juror then becomes an advocate for one side or the other [and if the question isn't asked they then feel they know who objected to their question]. So you will not be allowed to ask questions."
The judge now instructs the jurors to step into the jury room, and tells them they are to report by 10 am, Wednesday morning. Everyone stands while the jury files out.
It's now that the Judge states on the record that there is a pending request to put a "web cam" in the courtroom without a camera operator of some kind. Allan Parachini is handling the details, and he doesn't have all the information to rule on that yet. There possibly is going to be a still camera [I'm betting in the gallery] just for opening statements. Not a camera on the wall. There will be a still photographer [from the AP]. (See my last entry for an update on courtroom cameras.) After that, Fidler leaves the bench and goes into chambers.
Weinberg comes over and tells Rachelle he wants to talk to Spector for a moment. Afterwards, AJ speaks to Weinberg in the well about the numbering of the exhibits and how it got totally out of control in the first trial. He then mentions an exhibit that Dr. Lynn Herold will be talking about. It's a diagram that the defense already has, and it's [has markings on it] about distance of Lana Clarkson's head and those points all marked out. Weinberg asks if it changes her opinion at all and AJ says that it doesn't.
And that's it for court. As AJ and the rest of the prosecution staff passes me he asks, "Are you going to be here Wednesday?" And I tell him, "Yes I will."
I had asked Mr. Sprocket on Monday if he would go to opening statements with me on Wednesday. At first he declined, but today he said that he would go. We will probably take the train, depending on whether or not we can get out the door on time.
PHIL SPECTOR RETRIAL - QUICK LINKS
This page was last updated on 2/4/2017 at 12:45pm PT Sprocket.
THE APPEAL DOCUMENTS
12/14/2010 Appellant's Reply Brief
10/13/2010 State of California Respondent's Brief
03/14/2010 Appellant's Opening Brief
POST TRIAL COVERAGE
2009
04/14/2009 The Day After
04/15/2009 Spector News Stories & Video
04/18/2009 The Wrongful Death Suit by the Clarkson Family
04/27/2009 Jury Duty, Phil Spector & Other News
05/05/2009 Court Stories You Haven't Heard From the Spector Trial
05/21/2009 Alan Jackson's Sentencing Recommendations
05/28/2009 Phil Spector Sentenced Tomorrow
05/29/2009 Phil Spector Sentencing Today
06/02/2009 Phil Spector Civil Case Motions
06/05/2009 Phil Spector Relocated to DOCR & Rachelle's 15 Minutes
06/10/2009 Phil Spector Unwigged
06/23/2009 Phil Spector Moves Into Corcoran
07/31/2009 CDCR Denies Manson Note to Spector
08/21/2009 Phil Spector Farts, the MSM Stops to Listen
09/02/2009 It's Official: Phil Spector Moving toa Better Prison
2010
03/12/2010 Phil Spector Appeals Murder Conviction
03/14/2010 Phil Spector Appeal: Full Document
03/24/2010 Phil Spector Case on True Crime With Aphrodite Jones
06/03/2010 The Telegraph's Mick Brown on "Out of My Chelle"
07/04/2010 mControl is Back with WALL OF GUILT Blog
08/06/2010 Rachelle Spector Talks to KSLG's John Matthews
10/13/2010 The Latest Phil Spector News
12/13/2010 The Latest Phil Spector News II
12/14/2010 The Latest Phil Spector News III
2011 - 2012
03/07/2011 Phil Spector Appeal: Date Set for Oral Arguments
04/12/2011 Phil Spector Appeal: Oral Arguments Heard Today
04/13/2011 Phil Spector Appeal: Oral Argument Hearing Notes
04/29/2011 Phil Spector: Wrongful Death Civil Suit Trial Date
05/02/2011 Phil Spector Murder Conviction Upheld by Appellate Courts
05/18/2011 Phil Spector Appeal: Riordan Requests a Do-Over
05/24/2011 Bette Midler Set For HBO's Phil Spector Telefilm
05/27/2011 Phil Spector Appeal Do-Over Request: REJECTED!
06/12/2011 David Mamet: Brillian Filmmaker or Just Plain Stupid?
06/16/2011 Phil Spector's Attorney Files Appeal with California Supreme Court
08/17/2011 California Supreme Court Denies Review of Spector Appeal
02/03/2012 Lana Clarkson: Nine Years Ago Today
02/20/2012 Phil Spector's US Supreme Court Appeal
04/08/2012 Leonard Cohen's Never Ending Drama With Kelley Lynch
2013 - 2017
02/19/2013 Alan Jackson Says Goodbye to the DA's Office
03/25/2013 HBO & David Mamet's Tele-Play on Phil Spector History
08/02/2013 Roger Rosen, Former Spector Attorney's Law Career is Over
12/13/2014 Here's What Happened to Punkin Pie, Lana Clarkson's Former "Friend"
02/03/2015 Lana Clarkson 4/5/1962 - 2/3/2002
02/03/2017 Remembering Lana: 4/5/1962 -2/3/2003
THE RETRIAL
Spector Retrial Facts
Jury Clock
Opening Statements
Opening Statements, Part II
Miscellaneous Documents & Links
Public Documents At LA Co. Superior Court
The Esquire Interview/Article by Scott Raab
Miscellaneous T&T Pretrial & Trial Coverage
11/11/08 Retrial Update I
11/16/08 Retrial Update II
11/25/08 Retrial Update III
12/07/08 Retrial Update IV
12/15/08 Retrial Update V
2/15/09 Questions &Answers I
2/20/09 Questions & Answers II
2/27/09 Questions & Answers III
3/22/09 Phil Spector Statements (Transcript of various statements made to police.)
03/21/09 Colt Cobra 38 Special Trigger Pull (Guest Entry)
03/26/09 Phil Spector Verdict Notification
3/28/09 How Long Before A Verdict Is Reached?
3/31/09 Defense Atty Opinion Piece in LA Times
THE RETRIAL
Prosecution Witnesses
Day 1: #1 Vincent Tannazzo; #2 Dorothy Melvin
Day 2: #2 Dorothy Melvin
Day 3: #2 Dorothy Melvin
Day 4: #3 Officer Chris Russ; #4 Vickie Daniels-Mathews; #5 Devra Robataille
Day 5: #5 Devra Robataille
Day 6: #6 Rommie Davis; #7 Stephanie Jennings; Special Hearing Witnesses: Detective Richard Tomlin; DA Investigator Brian Bennett
Day 7: #8 Dianne Ogden (video tape), #9 Kathy Sullivan, #10 Sophia Holguin; Special Hearing Witness: Judge Douglas Sortino
Day 8: #10 Sophia Holguin; #11 Euphrathes Anthony Lalonvriz; #12 Melissa Grosvenor
Day 9: #13 Gamaliel Catalan; #14 Sandra Hill; #15 Adriano De Souza
Day 10: #15 Adriano De Souza
Day 11: #15 Adriano De Souza; #16 Officer Brandon Cardella
Day 12: #17 James Hammond; #18 David Riggs; #19 Mark Lillienfeld
Day 13: #19 Mark Lillienfeld; #20 Jaime Lintemoot;
Day 14: #20 Jaime Lintemoot; #21 Robert Keil; #22 Sean Heckers
Day 15: #23 Thomas Kerfoot; #24; Dan Anderson; #25 Steven Dowell; #26 Michelle Lepisto
Day 16: #27 Steve Renteria
Day 17: #27 Steve Renteria
Day 18: #28 James Carroll; #29 Dr. Louis Pena
Day 19: #29 Dr. Pena
Day 21: #29 Dr. Pena
Day 22: #29 Dr. Pena
Day 23: #29 Dr. Pena;
Day 24: #29 Dr. Pena; #30 Dr. John Andrews
Day 25: #30 Dr. John Andrews; #31 Dale S. Falcion; #32 Dr. Lynne Herold
Day 26: #32 Dr. Lynne Herold
Day 27: #32 Dr. Lynne Herold
Day 28: #32 Dr. Lynne Herold
Day 29: #32 Dr. Lynne Herold
Day 30: #32 Dr. Lynne Herold
Day 31: #32 Tabitha Stowell; #33 Donna Clarkson; prosecution rests.
Defense Witnesses
Day 32: #1 Dr. Lakshmanan Sathyavagiswaran
Day 34: #2 Stuart James
Day 35: #2 Stuart James
Day 35, Part 2: #2 Stuart James
Day 36: #3 Nicole Spector; #1 Dr. Lakshmanan Sathyavagiswaran
Day 37: #1 Dr. Lakshmanan Sathyavagiswaran
Day 38: #1 Dr. Lakshmanan Sathyavagiswaran; #4 Dr. Spitz
Day 39: #4 Dr. Sptiz
Day 40: #4 Dr. Spitz; #5 James Pex
Day 41: #5 James Pex
Day 42: #5 James Pex
Day 43: #6 John Barons; #7 Thomas Fortier; #8 David Schapiro
Day 44: #9 Eric Poticha; #10 Detective Richard Tomlin
Day 45: #10 Detective Richard Tomlin; #11 Marc Hirschfeld
Day 46: #10 Detective Richard Tomlin; #12 Dr. Vincent Di Maio
Day 47: # 12 Dr. Vincent Di Maio; #13 James Hammond
Day 48: #14 Greg Sims
Day 49: #14 Greg Sims; #15 Jennifer Hayes Riedl
Day 52: #15 Jennifer Hayes Riedl; #16 Dr. Richard Seiden
Day 53: #16 Dr. Richard Seiden
Day 54: #16 Dr. Richard Seiden; #17 Dr. Mary Goldenson
Day 57: #18 Dr. Elizabeth Loftus
Day 57 Part II: #18 Dr. Elizabeth Loftus
Prosecution Rebuttal Witnesses
Day 54: #34 (rebuttal #1)Lisa Bloom
Day 57: #35 (rebuttal #2) Officer Steven Katz
Day 58: #36 (rebuttal #3) Nick Terzian; #37 (rebuttal #4) Officer Ester Rodriguez
Day 58 Part II: (rebuttal #3) Nick Terzian; #37 (rebuttal #4) Officer Ester Rodriguez
Non Testimony Days:
Day 20: No witnesses
Day 33: No witnesses
Day 50: No Testimony
Day 51: No Testimony
Day 55 & 56: No Testimony
Day 59: No testimony
CLOSING ARGUMENTS
Day 1: Truc Do
Day 2: Doron Weinberg
Day 3: Doron Weinberg; Alan Jackson
Day 4: Alan Jackson
VERDICT WATCH
Verdict E-Mail Notification
Day 1: Deliberations
Day 2: Deliberations
Day 3: Deliberations
Day 4, Part II: Deliberations
Day 5: Deliberations
Day 6: Deliberations
Day 7: Deliberations
Day 8: Deliberations
Day 9: VERDICT!
TALK RADIO ONE INTERVIEWS
www.talkradioone.com
December 4, 2008
December 9, 2008
December 12, 2008
December 22, 2008
January 6, 2009
January 13th, 2009 With Gary Spector @ 8:00 pm
January 20th, 2009 @ 9:00 pm
January 29th, 2009 @ 8:30 pm
February 5th, 2009 @ 8:50 pm
February 12th, 2009 @ 9:00 pm with Juror #9 Ricardo Enriquez
February 26th, 2009 @9:15 pm
March 5th, 2009 @ 9:30 pm
March 12th, 2009 @ 8:50 pm
March 20th, 2009 @ 8:45 pm
April 2nd, 2009 @ 8:30 pm
April 9th, 2009 @ 9:20 pm
April 13th, 2009 @ 8:00 pm with Gary Spector
BLOG TALK RADIO ~
Juror Thirteen & Denny Griffin April 8th, 2009 45 min show
Juror Thirteen & Denny Griffin April 22nd, 2009 45 min show
THE APPEAL DOCUMENTS
12/14/2010 Appellant's Reply Brief
10/13/2010 State of California Respondent's Brief
03/14/2010 Appellant's Opening Brief
POST TRIAL COVERAGE
2009
04/14/2009 The Day After
04/15/2009 Spector News Stories & Video
04/18/2009 The Wrongful Death Suit by the Clarkson Family
04/27/2009 Jury Duty, Phil Spector & Other News
05/05/2009 Court Stories You Haven't Heard From the Spector Trial
05/21/2009 Alan Jackson's Sentencing Recommendations
05/28/2009 Phil Spector Sentenced Tomorrow
05/29/2009 Phil Spector Sentencing Today
06/02/2009 Phil Spector Civil Case Motions
06/05/2009 Phil Spector Relocated to DOCR & Rachelle's 15 Minutes
06/10/2009 Phil Spector Unwigged
06/23/2009 Phil Spector Moves Into Corcoran
07/31/2009 CDCR Denies Manson Note to Spector
08/21/2009 Phil Spector Farts, the MSM Stops to Listen
09/02/2009 It's Official: Phil Spector Moving toa Better Prison
2010
03/12/2010 Phil Spector Appeals Murder Conviction
03/14/2010 Phil Spector Appeal: Full Document
03/24/2010 Phil Spector Case on True Crime With Aphrodite Jones
06/03/2010 The Telegraph's Mick Brown on "Out of My Chelle"
07/04/2010 mControl is Back with WALL OF GUILT Blog
08/06/2010 Rachelle Spector Talks to KSLG's John Matthews
10/13/2010 The Latest Phil Spector News
12/13/2010 The Latest Phil Spector News II
12/14/2010 The Latest Phil Spector News III
2011 - 2012
03/07/2011 Phil Spector Appeal: Date Set for Oral Arguments
04/12/2011 Phil Spector Appeal: Oral Arguments Heard Today
04/13/2011 Phil Spector Appeal: Oral Argument Hearing Notes
04/29/2011 Phil Spector: Wrongful Death Civil Suit Trial Date
05/02/2011 Phil Spector Murder Conviction Upheld by Appellate Courts
05/18/2011 Phil Spector Appeal: Riordan Requests a Do-Over
05/24/2011 Bette Midler Set For HBO's Phil Spector Telefilm
05/27/2011 Phil Spector Appeal Do-Over Request: REJECTED!
06/12/2011 David Mamet: Brillian Filmmaker or Just Plain Stupid?
06/16/2011 Phil Spector's Attorney Files Appeal with California Supreme Court
08/17/2011 California Supreme Court Denies Review of Spector Appeal
02/03/2012 Lana Clarkson: Nine Years Ago Today
02/20/2012 Phil Spector's US Supreme Court Appeal
04/08/2012 Leonard Cohen's Never Ending Drama With Kelley Lynch
2013 - 2017
02/19/2013 Alan Jackson Says Goodbye to the DA's Office
03/25/2013 HBO & David Mamet's Tele-Play on Phil Spector History
08/02/2013 Roger Rosen, Former Spector Attorney's Law Career is Over
12/13/2014 Here's What Happened to Punkin Pie, Lana Clarkson's Former "Friend"
02/03/2015 Lana Clarkson 4/5/1962 - 2/3/2002
02/03/2017 Remembering Lana: 4/5/1962 -2/3/2003
THE RETRIAL
Spector Retrial Facts
Jury Clock
Opening Statements
Opening Statements, Part II
Miscellaneous Documents & Links
Public Documents At LA Co. Superior Court
The Esquire Interview/Article by Scott Raab
Miscellaneous T&T Pretrial & Trial Coverage
11/11/08 Retrial Update I
11/16/08 Retrial Update II
11/25/08 Retrial Update III
12/07/08 Retrial Update IV
12/15/08 Retrial Update V
2/15/09 Questions &Answers I
2/20/09 Questions & Answers II
2/27/09 Questions & Answers III
3/22/09 Phil Spector Statements (Transcript of various statements made to police.)
03/21/09 Colt Cobra 38 Special Trigger Pull (Guest Entry)
03/26/09 Phil Spector Verdict Notification
3/28/09 How Long Before A Verdict Is Reached?
3/31/09 Defense Atty Opinion Piece in LA Times
THE RETRIAL
Prosecution Witnesses
Day 1: #1 Vincent Tannazzo; #2 Dorothy Melvin
Day 2: #2 Dorothy Melvin
Day 3: #2 Dorothy Melvin
Day 4: #3 Officer Chris Russ; #4 Vickie Daniels-Mathews; #5 Devra Robataille
Day 5: #5 Devra Robataille
Day 6: #6 Rommie Davis; #7 Stephanie Jennings; Special Hearing Witnesses: Detective Richard Tomlin; DA Investigator Brian Bennett
Day 7: #8 Dianne Ogden (video tape), #9 Kathy Sullivan, #10 Sophia Holguin; Special Hearing Witness: Judge Douglas Sortino
Day 8: #10 Sophia Holguin; #11 Euphrathes Anthony Lalonvriz; #12 Melissa Grosvenor
Day 9: #13 Gamaliel Catalan; #14 Sandra Hill; #15 Adriano De Souza
Day 10: #15 Adriano De Souza
Day 11: #15 Adriano De Souza; #16 Officer Brandon Cardella
Day 12: #17 James Hammond; #18 David Riggs; #19 Mark Lillienfeld
Day 13: #19 Mark Lillienfeld; #20 Jaime Lintemoot;
Day 14: #20 Jaime Lintemoot; #21 Robert Keil; #22 Sean Heckers
Day 15: #23 Thomas Kerfoot; #24; Dan Anderson; #25 Steven Dowell; #26 Michelle Lepisto
Day 16: #27 Steve Renteria
Day 17: #27 Steve Renteria
Day 18: #28 James Carroll; #29 Dr. Louis Pena
Day 19: #29 Dr. Pena
Day 21: #29 Dr. Pena
Day 22: #29 Dr. Pena
Day 23: #29 Dr. Pena;
Day 24: #29 Dr. Pena; #30 Dr. John Andrews
Day 25: #30 Dr. John Andrews; #31 Dale S. Falcion; #32 Dr. Lynne Herold
Day 26: #32 Dr. Lynne Herold
Day 27: #32 Dr. Lynne Herold
Day 28: #32 Dr. Lynne Herold
Day 29: #32 Dr. Lynne Herold
Day 30: #32 Dr. Lynne Herold
Day 31: #32 Tabitha Stowell; #33 Donna Clarkson; prosecution rests.
Defense Witnesses
Day 32: #1 Dr. Lakshmanan Sathyavagiswaran
Day 34: #2 Stuart James
Day 35: #2 Stuart James
Day 35, Part 2: #2 Stuart James
Day 36: #3 Nicole Spector; #1 Dr. Lakshmanan Sathyavagiswaran
Day 37: #1 Dr. Lakshmanan Sathyavagiswaran
Day 38: #1 Dr. Lakshmanan Sathyavagiswaran; #4 Dr. Spitz
Day 39: #4 Dr. Sptiz
Day 40: #4 Dr. Spitz; #5 James Pex
Day 41: #5 James Pex
Day 42: #5 James Pex
Day 43: #6 John Barons; #7 Thomas Fortier; #8 David Schapiro
Day 44: #9 Eric Poticha; #10 Detective Richard Tomlin
Day 45: #10 Detective Richard Tomlin; #11 Marc Hirschfeld
Day 46: #10 Detective Richard Tomlin; #12 Dr. Vincent Di Maio
Day 47: # 12 Dr. Vincent Di Maio; #13 James Hammond
Day 48: #14 Greg Sims
Day 49: #14 Greg Sims; #15 Jennifer Hayes Riedl
Day 52: #15 Jennifer Hayes Riedl; #16 Dr. Richard Seiden
Day 53: #16 Dr. Richard Seiden
Day 54: #16 Dr. Richard Seiden; #17 Dr. Mary Goldenson
Day 57: #18 Dr. Elizabeth Loftus
Day 57 Part II: #18 Dr. Elizabeth Loftus
Prosecution Rebuttal Witnesses
Day 54: #34 (rebuttal #1)Lisa Bloom
Day 57: #35 (rebuttal #2) Officer Steven Katz
Day 58: #36 (rebuttal #3) Nick Terzian; #37 (rebuttal #4) Officer Ester Rodriguez
Day 58 Part II: (rebuttal #3) Nick Terzian; #37 (rebuttal #4) Officer Ester Rodriguez
Non Testimony Days:
Day 20: No witnesses
Day 33: No witnesses
Day 50: No Testimony
Day 51: No Testimony
Day 55 & 56: No Testimony
Day 59: No testimony
CLOSING ARGUMENTS
Day 1: Truc Do
Day 2: Doron Weinberg
Day 3: Doron Weinberg; Alan Jackson
Day 4: Alan Jackson
VERDICT WATCH
Verdict E-Mail Notification
Day 1: Deliberations
Day 2: Deliberations
Day 3: Deliberations
Day 4, Part II: Deliberations
Day 5: Deliberations
Day 6: Deliberations
Day 7: Deliberations
Day 8: Deliberations
Day 9: VERDICT!
TALK RADIO ONE INTERVIEWS
www.talkradioone.com
December 4, 2008
December 9, 2008
December 12, 2008
December 22, 2008
January 6, 2009
January 13th, 2009 With Gary Spector @ 8:00 pm
January 20th, 2009 @ 9:00 pm
January 29th, 2009 @ 8:30 pm
February 5th, 2009 @ 8:50 pm
February 12th, 2009 @ 9:00 pm with Juror #9 Ricardo Enriquez
February 26th, 2009 @9:15 pm
March 5th, 2009 @ 9:30 pm
March 12th, 2009 @ 8:50 pm
March 20th, 2009 @ 8:45 pm
April 2nd, 2009 @ 8:30 pm
April 9th, 2009 @ 9:20 pm
April 13th, 2009 @ 8:00 pm with Gary Spector
BLOG TALK RADIO ~
Juror Thirteen & Denny Griffin April 8th, 2009 45 min show
Juror Thirteen & Denny Griffin April 22nd, 2009 45 min show
Phil Spector Retrial: Camera Coverage
Update!
I just spoke to the Los Angeles County Public Information Office. As of 2:00pm PT today, I was informed that the agency inquiring about "web cam" coverage of the trial has pulled out. It is still being decided which agency will be covering opening statements tomorrow. If there is any other news, I will post an update.
Update: 4:20 pm
Straight from the PIO's office. The Radio And Television News Association of California (RATN) is currently talking with the news directors of their various members to see who will be covering the pool camera for opening statements. The PIO's office does not know "which" news outlet it will be, however, they confirm that opening statements will be covered.
I just spoke to the Los Angeles County Public Information Office. As of 2:00pm PT today, I was informed that the agency inquiring about "web cam" coverage of the trial has pulled out. It is still being decided which agency will be covering opening statements tomorrow. If there is any other news, I will post an update.
Update: 4:20 pm
Straight from the PIO's office. The Radio And Television News Association of California (RATN) is currently talking with the news directors of their various members to see who will be covering the pool camera for opening statements. The PIO's office does not know "which" news outlet it will be, however, they confirm that opening statements will be covered.
Monday, October 27, 2008
Phil Spector Retrial: Alternate Jurors Sworn In and Possible Camera Coverage
Updated!
The pressing news to report is, the alternate jurors have been selected and sworn in. Directly afterwards, Judge Fidler read the jurors instructions on how they are to try the case. Afterwards, the jurors were taken into the jury room to receive instructions from Fidler's clerk, Wendy.
Opening statements will still start as scheduled on Wednesday morning.
Then Judge Fidler said that the court has received a last minute request to have a "web cam" in the court. There apparently would not be a computer [camera] operator, but that wasn't clear. He does not know the particulars of the request so he can't rule on the request at this time. The details are currently being worked out with Allan Parachini. There will be a still photographer in the courtroom. There will be a still camera for opening statements. (I'm writing this from memory since I didn't take any notes on this, it happened so fast.) This is apparently a camera on a tripod in the gallery of the court and not mounted on the walls. This would just be for opening statements.
The media organization that made the "web cam" request was not named, nor was the organization that will film opening statements.
The general feeling now is that there will be plenty of room in the gallery for the general public since media interest in the trial has waned. I encourage anyone that would like to attend opening statements to come and see it happen for yourself. If you need particulars as to how to get to the courthouse via driving and where to find low cost parking, or if you plan to take the metro, please feel free to email me and I'll be happy to help you navigate your trip.
I will be updating this entry later, with the details of the last day of voir dire.
Update 10:35 pm!
The best laid plans...get sidetracked! I had planned on updating this entry this evening but Mr. Sprocket forced me to go microwave shopping. Last night, the microwave had a cerebral aneurysm. Mr. Sprocket spent a good part of the day today taking it apart and running to the used electronics store three times to buy new "switches" to install. After replacing the third switch and still unable to get the electronics to fire up, he gave up. It was about 6:30 in the evening when he said, "We're going shopping! Get the Consumer's Reports and lets go!" Costco, Target, Best Buy, Frys. We finally got back home a few minutes ago, with a new microwave we found on sale at Frys.
In other news, ritanita has finally joined T&T as a contributor. donchais and I are very happy that she agreed, since her Caylee ~ Casey Anthony coverage has been superb and has generated a considerable amount of traffic for the blog. Welcome, ritanita!
I had hoped to get this entry updated and finished tonight, and spend most of the day tomorrow, writing an entry on all the commentary that's been on the Internet about the BBC documentary that aired this past Saturday. The documentary was originally filmed last year, during the first trial. So it looks like I will either be behind, or decide to scrap the entry on the documentary all together.
The pressing news to report is, the alternate jurors have been selected and sworn in. Directly afterwards, Judge Fidler read the jurors instructions on how they are to try the case. Afterwards, the jurors were taken into the jury room to receive instructions from Fidler's clerk, Wendy.
Opening statements will still start as scheduled on Wednesday morning.
Then Judge Fidler said that the court has received a last minute request to have a "web cam" in the court. There apparently would not be a computer [camera] operator, but that wasn't clear. He does not know the particulars of the request so he can't rule on the request at this time. The details are currently being worked out with Allan Parachini. There will be a still photographer in the courtroom. There will be a still camera for opening statements. (I'm writing this from memory since I didn't take any notes on this, it happened so fast.) This is apparently a camera on a tripod in the gallery of the court and not mounted on the walls. This would just be for opening statements.
The media organization that made the "web cam" request was not named, nor was the organization that will film opening statements.
The general feeling now is that there will be plenty of room in the gallery for the general public since media interest in the trial has waned. I encourage anyone that would like to attend opening statements to come and see it happen for yourself. If you need particulars as to how to get to the courthouse via driving and where to find low cost parking, or if you plan to take the metro, please feel free to email me and I'll be happy to help you navigate your trip.
I will be updating this entry later, with the details of the last day of voir dire.
Update 10:35 pm!
The best laid plans...get sidetracked! I had planned on updating this entry this evening but Mr. Sprocket forced me to go microwave shopping. Last night, the microwave had a cerebral aneurysm. Mr. Sprocket spent a good part of the day today taking it apart and running to the used electronics store three times to buy new "switches" to install. After replacing the third switch and still unable to get the electronics to fire up, he gave up. It was about 6:30 in the evening when he said, "We're going shopping! Get the Consumer's Reports and lets go!" Costco, Target, Best Buy, Frys. We finally got back home a few minutes ago, with a new microwave we found on sale at Frys.
In other news, ritanita has finally joined T&T as a contributor. donchais and I are very happy that she agreed, since her Caylee ~ Casey Anthony coverage has been superb and has generated a considerable amount of traffic for the blog. Welcome, ritanita!
I had hoped to get this entry updated and finished tonight, and spend most of the day tomorrow, writing an entry on all the commentary that's been on the Internet about the BBC documentary that aired this past Saturday. The documentary was originally filmed last year, during the first trial. So it looks like I will either be behind, or decide to scrap the entry on the documentary all together.
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