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Full Court Press

Wall of Years: Phil Spector Faces Mandatory Life Sentence

By Steven Mikulan, Monday, Apr. 13 2009 @ 4:20PM
Comments (15)
Categories:

In the end, the jurors for Phil Spector's second murder trial did what the first jury did: They let
1337370078_967954c4db.jpg
Judge Larry Paul Fidler know their deliberations had reached a conclusion -- but late enough in the morning so that they would get one more catered lunch out of the case. The two panels' denouements were far different, however. The first trial's 2007 outcome was a 10-2 deadlock in favor of the music producer's conviction for second-degree murder. Today, however, it was a unanimous vote for conviction in the death of Lana Clarkson, whom the Wall of Sound creator had been accused of shooting in the mouth in the early morning hours of February 3, 2003.

The long good-bye: Phil Spector during first trial
Photo: Ted Soqui

In both cases Spector's attorneys -- largely compelled to by their client's remarks to police after Clarkson's death -- put forward the theory that Clarkson, a 40-year-old sometime actress, had committed suicide on the fly after having a few drinks with Spector at his Alhambra mansion, the Pyrenees Castle. Likewise, prosecutors imagined Clarkson's death had occurred under quite different circumstances following Spector's impromptu pick-up of Clarkson after she ended her night-shift job hostessing at the House of Blues night club on the Sunset Strip. In both trials Deputy District Attorney Alan Jackson claimed that Spector's almost folkloric history of menacing women with firearms fit the February 3, 2003 scenario in Alhambra to a T.

When spectators, members of the media, bloggers and D.A. staffers filed into court shortly before 2 p.m. this afternoon, it was with the knowledge that the jury could very well only convict Spector on the far lesser involuntary manslaughter charge -- an option not given the first jury.

But it wasn't to be.

"I understand," Judge Larry Paul Fidler announced around 2 p.m., "how emotions can run high at a time like this, but I do not tolerate outbursts from anyone -- the verdict will be respected."

They found Spector guilty on second-degree murder, and threw in the enhancement of using a firearm in the commission of a crime. His  young wife, Rachelle, broke into sobs upon hearing the verdict. It was difficult to see, from almost any angle in court, how Spector took the news, but he did seem to shrink slightly at the defense table. Judge Fidler continued to be all business and quickly had the jurors polled on the verdict before entertaining a sentencing date. Alan Jackson immediately asked for Spector to be remanded into custody, while Spector's attorney, Doron Weinberg, requested that Spector be allowed to remain free on bond. Weinberg's voice was uncustomarily quiet during this exchange, as though he were trying to regain his wind after hearing the sentence. Spector, he told the court, was no flight risk and, besides, Weinberg would be filing a motion to have the verdict set aside.

Fidler was unpersuaded and ordered Spector taken immediately to county jail. (See booking photo.) As the bailiffs hustled Spector out toward the side court door used by inmates, the full impact of what was happening to him seemed to suddenly dawn on Spector, who shuffled forth in a daze. And then he was gone, like Don Giovanni pulled into the Underworld by the Commendatore's ghost.

At a media conference held about half an hour later, Alan Jackson said the 69-year-old Spector faces a mandatory life sentence, which, with the gun enhancement, would mean a minimum of 18 years in prison. Spector's sentencing date is May 29.

When asked if he thought the gender makeup of second trial's panel, which split evenly among men and women, boded better for a conviction, Jackson said:

"I never try to rub that crystal ball."

Still, the three jurors and three alternates who showed up at the conference were all women.

Their spokeswoman was Juror Number One, the panel's forewoman. She mostly answered all questions with the same reply -- that everyone had entered the deliberations with a neutral, open mind and had carefully considered all the evidence and testimony before making their collective decision. Juror No. One said no one found Spector's demeanor during the trial to be a distraction and even praised his San Francisco attorney. It was then that she became emotional and wept.

"This entire jury took this so seriously," said Juror No. One, "and could not have been more painful in our decision." Then, turning to Spector's attorney: "It had nothing to do with Mr. Weinberg's ability -- you were awesome."

After the jurors left, Weinberg, having regained his fire,  was declaring his confidence that he could get the conviction overturned based on what he considered Judge Fidler's incorrect rulings on evidentiary procedures -- specifically, the inclusion of the testimony of five women who had previously been held against their will by an armed Spector. Still, Weinberg conceded, there was not much likelihood Spector would be released on bond during his lengthy appeal process.

And then it was over and the press, lawyers and bailiffs left the courtroom that had held the conference. The Clarkson family would now proceed with their civil suit against Spector; Lana's mother, Donna, and her sister, Fawn, appeared pleased by the verdict, though they did not speak later. During two trials Lana Clarkson had been held up by Spector's lawyers as a suicide waiting to happen -- a binge drinker and drug abuser whose career had been crippled by physical pain and psychological trauma. Prosecutors had countered with a portrait of a vivacious, optimistic talent cut down just as she was finding herself.  At the end of this day, though, Lana Clarkson remains a tragic mystery to those who followed her story in court.

"I can't say that I know her," said  Juror No. One, a statement that might well have been the day's most revealing.

Tags:

Alan Jackson, Lana Clarkson, Larry Paul Fidler, Phil Spector Murder Trial
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Related Content

  • Phil Noir: Court Gesture August 23, 2007
  • Phil Spector: The Burden of Truth March 25, 2009
  • Accidental Suicide? New Involuntary-Manslaughter Option in Phil Spector Murder Retrial April 2, 2009
  • Full Court Press: 99 Candles — Phil Spector Sentenced to Life ... Clarkson Family Speaks June 4, 2009
  • Phil Noir: The Heart of the Spatter June 28, 2007

More About:

  • Phil Spector
  • Lana Clarkson
  • Doron Weinberg
  • Criminal Sentencing and Punishment
  • Trials

Comments (15)

Bailey says:

Good words Stephen. Mandatory Life Sentence. Just sounds so right. That last comment by the jury foreman was a tad haunting. I feel that Lana could have been anyone's sister, friend, daughter, mother. If she had been given the chance to be more we would all know her story and quite possibly the happily ever after ending. Thank You Alan Jackson, Truc Do and Pat Dixon. Your devotion and never ending desire for Justice has touched us all.

~ JUSTICE ~ SWEET JUSTICE ~ FINALLY ~

Posted On: Monday, Apr. 13 2009 @ 7:27PM
Bobby says:

Seems like everyone is calculating the sentence wrong. Second degree murder carries 15-Life. Use of Firearm carries 25-Life, mandatory consecutive, for total of 40 to life; must serve 85% of the 40 years.

Posted On: Tuesday, Apr. 14 2009 @ 12:52AM
hipspinster says:

Phil Spector created the Wall of SOUND, not the Wall of Noise. Tsk!

Posted On: Tuesday, Apr. 14 2009 @ 11:38AM
Steven MikulanAuthor Profile Page says:

You know, over the years it's been an absolute dread of mine that during some moment of deadline fatigue I would write "Noise" instead of "Sound" and now I've done it! Thanks for that catch.

Posted On: Tuesday, Apr. 14 2009 @ 11:52AM
Sprocket says:

Excellent article as usual Steven.

Posted On: Thursday, Apr. 16 2009 @ 11:27AM
Stephen Gianelli says:

Although little comfort to Spector given his pre-sentencing incarceration, there are substantial (and yes, arguably meritorious) issues to be hashed out on appeal--not the least of which are the propriety of prosecutors arguing in their closing that a "demonic" Phil Spector harbored the propensity to kill--indeed--that Spector was a murder “waiting to happen”.

Notwithstanding the degree to which that sentiment may capture current public opinion, after 30 years as a trial lawyer in California I am not aware of a single appellate opinion that would condone such an argument as anything but “prosecutorial misconduct”.

Posted On: Thursday, Apr. 16 2009 @ 2:40PM
Stephen Gianelli says:

Although little comfort to Spector given his pre-sentencing incarceration, there are substantial (and yes, arguably meritorious) issues to be hashed out on appeal--not the least of which are the propriety of prosecutors arguing in their closing that a "demonic" Phil Spector harbored the propensity to kill--indeed--that Spector was a murder “waiting to happen”.

Notwithstanding the degree to which that sentiment may capture current public opinion, after 30 years as a trial lawyer in California I am not aware of a single appellate opinion that would condone such an argument as anything but “prosecutorial misconduct”.

Posted On: Thursday, Apr. 16 2009 @ 2:41PM
Stroop says:

Counselor Gianelli -- 30 years as a trial lawyer and you believe an appellate court "condones" language? Please-- an appeal seeks only to point out reversible error based on the record. Can you cite a single case where similar simple rhetoric by the People during closing argument was the SOLE basis for overturning a verdict or remanding it back to the trial court? I didn't think so.

I'm sure that a careful reading of Spector's appeal (when it's finally presented) will not find Jackson's adjectives described as "prosecutorial misconduct." I expect many other straws to grasped, but not that one.

Posted On: Thursday, Apr. 16 2009 @ 4:12PM
Linda from San Diego says:

Steven, I was lucky enough to meet you during the course of the trial. You are an excellent writer, although I still disagree with your interpretation of Ms. Do's closing argument. Ms. Do and Mr. Jackson were an amazing team, and I feel privileged to have witnessed them in action. Now Lana can be remembered as the vibrant, funny, loving and beautiful young woman she was.

Posted On: Friday, Apr. 17 2009 @ 3:58PM
Don French says:

To rise, for just a moment, above the sneering frenzy and parties celebrating the hanging, let just one thought enter, if not penetrate, the general consciousness:

There is no evidence he ever fired a gun.

Reports about a Lennon session and a Ramones session linger but ... the most recent was 30 years ago.

"He kept guns, so all his clothing must have gunpowder residue on it" was the prosecution's excuse for not testing (!!!!!) his coat sleeve. Does everyone who owns a gun fire it? Not the people I know, who keep one for an emergency.
Or did the DA's people test it, find nothing, and cover it up?

Like the jury, I don't respect science, just this crick in my knee that tells me what's right ...

Posted On: Sunday, Apr. 19 2009 @ 10:20AM
Steven MikulanAuthor Profile Page says:

Hey Linda,

Thanks so much for your email, it was good to hear from you. Perhaps we'll get to see Ms. Do in action during another trial, and trade notes again.

All the best,
Steven


Posted On: Sunday, Apr. 19 2009 @ 9:49PM
Dale says:

Hey Phil, hope you enjoy this gun,it's called "JUSTICE".
You made some great music no doubt, but you're a little creep.

Posted On: Saturday, Apr. 25 2009 @ 9:53AM
T.L. says:

As long as he has money, we will see this in the media. The lawyers, the Clarkson family, and his wife will get all of the money. When that is over, spector will fall into the abyss, where he deserves to fall.
Put him........and OJ in the same cell........lol

Posted On: Thursday, May. 7 2009 @ 6:51AM
Tom Tudo says:

What a travesty. Is there no justice in the los angeles courts? People who should have been convicted ( oj simpson for one ) are set free and those who should be set free are remanded? Mr Spector will be vindicated in the appeal.

Posted On: Monday, May. 25 2009 @ 4:19PM
Tom Tudo says:

What a travesty. Is there no justice in the los angeles courts? People who should have been convicted ( oj simpson for one ) are set free and those who should be set free are remanded? Mr Spector will be vindicated in the appeal.

Posted On: Monday, May. 25 2009 @ 4:19PM

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