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March 30, 2009

People v. Spector: The sequel

Posted: 03:46 PM ET

NEW YORK - Phil Spector is on trial—all over again–for the 2003 murder of actress Lana Clarkson at his Los Angeles mansion. Spector’s first trial in 2007 ended with a hung jury, after five months of testimony, more than 70 witnesses and hundreds of exhibits. Even with all of that, the prosecution still couldn't convince twelve jurors that Spector was guilty beyond a reasonable doubt.

Music producer Phil Spector listens to lead prosecutor Alan Jackson, left, during the first trial in 2007

A lot has changed this time around. Spector has a new team of lawyers. Gone are the colorful Bruce Cutler, who famously coined the phrase "accidental suicide" and the brilliant Linda Kenney Baden (she is spending her days down in Florida defending Casey Anthony).

But some things remain the same: Alan Jackson is still on the case and remains one of the finest prosecutors you will ever see in a court of law; but the evidence hasn't changed either—or the lack of it. As terrific a lawyer as Mr. Jackson is, the facts are the facts; and the fact is that there were only two people in the foyer that night: One maintains his innocence, and the other is dead. With that, we can never really know what happened.

A good prosecutor knows he can't prove every case, even if he believes, in his heart of hearts, that a defendant is guilty. No matter what the D.A. thinks, it's the jury that matters. That’s why this time around the result will likely be the same as last time: No result.

-Jami Floyd, In Session anchor

Filed under: Uncategorized


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christina m.   March 30th, 2009 4:40 pm ET

This is very hard for the lay person to understand.
1.He has a history of pulling guns on women who try to leave his home. Several of these woman got on the stand and testified to this. All of these woman but one (who escaped and ran to her car as he chased her with an automatic weapon), became submissive when he trapped them in his home.
I think Lana was a fighter and when she mouthed off to him, he put a gun into her mouth and pulled the trigger.
2.They found a bloody rag in the bathroom where he washed his hands and thus the gun residue off. IS this not evidence tampering of some sort?
3.The bullet that killed Lana was from the 60's or 70's and matched the box of bullets in his closet, yet he denies the gun was his. How does he get away with this?
4. Spector said "I think I killed someone" to his driver. (fountain noise is supposed to make this statement skewed. So, then what did he say to the driver, if he didn't say that? The defense never says.
5. Mr. Spector had to be subdued by a stun gun when the police arrived and starting asking questions. Why was this not brought up during the trial but was covered in the newspapers?
6. Lana had many emails posted to her website to which she replied with upbeat, hopeful messages -one of them was from a struggling actor to whom she said something to the effect of ..."never give up" and "you are never too old to get a part", and yet they focus on her feeling old and thus being suicidal?
7. I personally have met 2 women are in their 50's now, who were out to eat somewhere when Phil Spector caused a scene and pulled a gun out in the room. Why don't the seemingly endless stories of this man brandishing a weapon, point towards his flawed character ?

I am confused. Please help me understand. Diane Ogden alone was so compelling and believable.

Deb I   March 30th, 2009 6:09 pm ET

Jamie Floyd, not a chance. There was something wrong in the first jury as well as something very wrong with the defense team. When you falsify evidence, you do it because you know your client is guilty. Dr. Henry Lee has lost whatever reputation he may have had. His testimony for Melanie McGuire was the last nail in the coffin. When your good name is for sale, you don't make much of a witness. Phil SPector will be found guilty, no doubt about it. As he should have been in the first trial, had he not had the best witnesses money could buy. Lots of money.

davenatlanta   March 30th, 2009 7:12 pm ET

Jami must not have followed the same 2 trials that I did
Hope the Jury agrees with me

brian   March 30th, 2009 7:15 pm ET

I don't think that any reasonable person would believe that a person who's just starting to once again get teir life back on track and had just went shopping would go to a perfect strangers house to comit suicide! not to mention all those othere women that this man put thru hell when he was doing his drug of choice( liquoror what). he is so guilty that his lawyers ought to get charged with accessory after the fact!! now thats just my option and if you don't like it then take me to court!!!!!

leroy   March 30th, 2009 8:29 pm ET

Since the state added some lesser charges like Involuntary Manslaughter, it would be easier for the jury to reach a verdict. First trial did not have the reduce charges for consideration.

Good thing the jury is allowed to use common sense too. No need for much evidence in this obvious case of homicide.

james   March 30th, 2009 9:31 pm ET

Five women survived to tell exactly the same story that happened to Lana Clarkson. Not difficult to convict beyond any reasonable doubt. Unless the jury will feel sorry for Phil Spector, this could very well be. These days he come across very pathetic, and given his demeanor, he might be pitied in the eyes of the jury.

Linda   March 31st, 2009 1:03 am ET

Jamie I think you can have the last word when you have at least attended some of the trial. In this case Phil Spectors second trial. You did not attend one day. Do not know what transpired during the trial. Phil Spector's Trial was a second trial. Not the same old same old trial. And i think the verdict will be Guilty of Second Degree Murder.

thank you for your time
Linda in Tx

Michael "C" Lorton, Virginia   March 31st, 2009 8:43 am ET

Unless there is new evidence---you cannot expect different results doing the same thing--this guy will walk---just like OJ.

Grammap   March 31st, 2009 8:45 am ET

Everyone talks about this case being over but we haven't heard the outcome from the jury. Its unfortunate that the jurors didn't listen to the testimony by the limo driver "I think I just killed someone" which was a direct quote from Phil himself. The jurors in the first case overlooked the fact that he admitted it. Is it because he is a famous person that they let him go? Had one of the juror family members died at the hands of Phil would they have wanted justice then? I wonder who Phil paid off on the jury as its more than obvious. Allan Jackson has done a fine job, it just shows you that when you have enough money anything can be bought and sold - even your freedom. He should be given the maximum sentence just like anyone else would receive. Perhaps he could buy a suite in jail for Rachelle as well. PS will he still be allow to own guys, swear vulgar language and demean women after this new verdict comes out? That's justice for you.

Dave Paulus   March 31st, 2009 8:46 am ET

I have just a few comments / questions: How many times can a jury be hung before the state can not / should not, continue to try the defendant? IS there any limit on hung juries or is it governed by cost of the trial to taxpayers?
I suspect there is no limit, but historically, what is the consensus?
And, IF the state decides not to continue to seek a conviction, where does the case go? For if a particular defendant is NOT tried / convicted, then the REAL offender could be considered, by default, to still be on the street, so would the police be expected to continue to "beat the bushes" to find the true offender?
Thank you

Barb   March 31st, 2009 9:16 am ET

The evidence is there in plain sight. Yes, one could find reasonable doubt in any case but If the jurors use their common sense as they should, he will be found guilty. I watched this trial the first time around and I was stunned at the result. I don't know how this man sleeps at night with this on his conscience! Oh that's right, he's heavily sedated. But is that just to control his fowl mouth and temper in the court room?

Justice 151   March 31st, 2009 9:42 am ET

Your absolutely right! A good prosecutor can't prove every case. So, lets hope that this time around we have a good jury that has the courage to do the right thing and bring justice to Lana Clarkson and her family. It only takes every day common sense and knowledge to realize that this beautiful lady didn't just decide to kill herself. She was just in the wrong place at the wrong time with the wrong man. Let hope that this time, justice delayed is not justice denied. I say he's guilty and hope the jury see's it too.

Bill Wood   March 31st, 2009 10:54 am ET

Jeez, Jami. You need to change the name of your show to "The 10th Juror". Sounds like you need the Pope filming video of the crime for evidence of guilt. While the prosecution does have only circumstantial evidence, the defense only had a few downer emails amongst thousands and paid hacks and perjurors. The only live witness admitted guilt and refused to tell his story.

l.   March 31st, 2009 12:38 pm ET

Okay, is the jury still out on the Phil Spector trial? Why don't you people cover more of this trial?

robert   March 31st, 2009 12:38 pm ET

Phil Spector is as guilty as anyone could be given the information as has been given in previous court records. the way he has been accused to threatening people in his home. whether or not he was just kidding around or not, he at least did it to intimade his ways of being a chauvinistic dog. he is as guilty as anyone would believe based on prior testimony. there is one thing that i know that there is a higher being that knows the truth & we will all be subject to that higher authority some day.

kimberly connelly   March 31st, 2009 3:58 pm ET

gulity as charged .

luann   March 31st, 2009 4:13 pm ET

Phil Spector is sooooooooo guilty! What woman puts her purse on her shoulder and then decides, oh let me look at your gun, I'm so depressed, I think I'll shoot myself right here! Did Phil say, hey lets take a look at my gun? Why was a gun even out? Because he took it out to terrify her just as he did to all those other women who testified! Lana probably probably tried to punch him out and he got his stupid sick ego hurt. Then the comment to the limo driver! That guy was so believable and I don't think that fountain sound messed up what he said one bit. Let him go to prison and get terrified like all those other women he terrified!

konnie   March 31st, 2009 4:34 pm ET

i was so dissappointed that you did not cover the phil spector retrial it made me glued to my sit to see what he wouls do next. besides that i am from the sixties and i followed him as much as i could. he has demons he struggles with but to me he will always be a legend

Max   March 31st, 2009 8:04 pm ET

I can't understand why the first jury didn't find him guilty. If someone wants to commit suicide they certainly won't go for dinner and visit with someone at their house and then go kill themselves. Phil obviously was pressuring her more than she expected and obviuosly said no to him. The next steps of what happened are more than obvious. The limo driver then confirmed that Phil said he had just killed someone. Did the jury not get to hear this or are they stonecold deaf? All the money Phil has he still didn't buy himself out of this yet. The only ones getting rich now are the lawyers. Will Rachel stick with him when he ends up in jail? She may have a few dollars left over and then will go hunting for her next millionaire. Afterall, wasn't she a hairdresser or waitress or something before Phil picked her up? He's guilty and that's that!

Dennis Diaz   April 1st, 2009 8:25 am ET

This man is guilty as charged.
He looks more like a specter than a Spector as he sits as if he has no connection to the reals world.
Dennis N.Y.

Lucy   April 1st, 2009 9:17 am ET

The circumstantial evidence in this case is as compelling to me as the evidence against Scott Peterson. Sadly, I think the age of the case and the portrayal of the victim are the deciding factors in this case. Everyone was outraged about the murder of an expectant mother, an aging "starlet", not so much. Phil Spector is guilty of causing that woman's death!

FLOETTA   April 1st, 2009 1:08 pm ET

How long has it been,since the jury started to deliberate this case? Please post somewhere,the verdict!!! I cant believe you did not video this 2nd trial,I was glued to the 1st one!

Marie   April 1st, 2009 1:26 pm ET

Is the Spector Jury still deliberating???

LauraJ   April 1st, 2009 7:57 pm ET

Lana had much to live for-Phil Spector is a bully who went too far and committed a murder. i have not heard anything about a verdict. What can possibly be taking this jury so long ???

asc   April 2nd, 2009 1:11 am ET

You people can think that he did it all you want, but I do not think the State proved their case beyond a reasonable doubt. That is how our judicial system works. If you don't like it, quit spending your time complaining on these blogs and get to work changing it. As far as the OJ comments, it's time to move on. I would think that you would finally be satisfied (it seems as if the OJ-haters out there would go to ANY length to put him away, even if it means concocting another bogus case) now that he is in prison, but no, still beating a dead horse. It fascinates me the constant outrage over cases where people THINK that the defendant was guilty and they somehow "got off." Why the absence of outrage over defendents who are wrongly convicted everday? When the guilty person is free, the one life was still lost. When the innocent person is locked up, two lives are lost. Is one better, or more sickening than the other? Just a thought...

ROBERT WIENER   April 2nd, 2009 10:14 am ET

Every gun has a serial number.The mfg of the gun,etc.,would be revealed.I understand that the finger prints were wiped.Lets use common sense, if she shot herself her finger prints would be on the gun, if it were her gun her prints would be on it some where.If someone would shoot herself in your home would you wipe the prints off or leave them on to prove the case? The lawyers had a man with deep pockets as a wealthy client, so, you invent a defense for that client, for a million bucks ,right. This sucide cock and bull story is just that, a cock and bull story.I believe he took her to his home to get something from her, and when she refused he did what he did before, a gun in the mouth.You either believe the chauffer or you dont, but it sounds like the rock solid truth.

C Madden   April 2nd, 2009 11:09 am ET

I hope that the new jury finds this lecherous man guilty of murder. He admitted to his chauffer that he "killed someone," so what is the problem here?

Ann   April 2nd, 2009 12:03 pm ET

I wish you would update the Spector trial. It seems someone would at least mention what is going on. It is very frustrating.

Toni   April 2nd, 2009 1:17 pm ET

please give an update on the jury deliberations, have they asked for anything. you are dropping the ball on the coverage here.

Amy C   April 2nd, 2009 1:42 pm ET

Christina M. you are brilliant. If he is not found guilty I am going to loose what little faith I have in the system. However, money buys "smoke and mirrors" defense at it's best!

Norm Walli   April 2nd, 2009 2:40 pm ET

Has anything happened with Spector?Can & do you think Craig will be retrieded?

Terry   April 2nd, 2009 7:03 pm ET

Honestly Ms. Floyd – "there were only two people in that foyer..and one maintains his innocence and the other is dead." I know you're a smart person because you went to law school and passed the bar. But your remarks suggest that anyone can get away with murder as long as there are no witness and no videotape. I wouldn't want to live in that world and neither would you. You are correct in stating that the evidence hasn't changed in the prosecutions case. Phil Spector's guilt hasn't either.

Phil's Spector's guilt is as clear as day. If you had actually followed the case you would know that the prosecution proved Spector's guilt to 10 reasonable jurors. Unfortunately, 2 jurors held the same illogical views as you've suggested in your article. Let's hope for Lana's sake this impaneled jury is reasonable.

The defense attorneys – including your "brilliant" Linda Baden – perverted our justice system by parading a series of perjuring witnesses that oddly enough didn't show their faces in the second trial since your cameras weren't interested. As for the defense expert witnesses – including the "brilliant" Linda Baden's HUSBAND, the "brilliant" Michael Baden – proved to me that the lengths to which one is willing to go to avert the truth is limitless. The "Baden's" have cashed Mr. Spector's checks and are on their way to the next high-profile criminal trial – Casey Anthony – in hopes of finding more jurors to confuse and mislead.

Is that what you call justice?

Justice   April 2nd, 2009 11:33 pm ET

Are you going to at least acknowledge that the Spector jury is in deliberation? Or have I missed this coverage? No updates, I know this trial took the wind out of Beth Karas. Are you going to report on the verdict? If favorable to the prosecution I hope that Beth gets to report on his long sentence and relish as I, in his extended STAY!

Jen   April 3rd, 2009 10:37 am ET

I'm with you Ann, I wish they would tell us what's going on.

Angela Layton   April 3rd, 2009 11:29 am ET

Craig was found NOT GUILTY of all Charges, you cant be retried!

Angela   April 3rd, 2009 2:53 pm ET

What was the verdict on the Phil Spector trial? Does anyone know? Seems as if it was just swept under the rug.

Wayne Deja   April 3rd, 2009 9:07 pm ET

Think the jury is still out on the Spector trial....but lets all guess what is going to happen...the trial is in Los Angeles,there is overwhelming evidence against the defendant, there is no real defense to why he had that pistol out in the first place,hes known to flash guns in his past around women that dont meet his "needs",of course he is guilty of at least manslaughter,but hes got lots and lots of $$$$,hes in show business,which will lead to another mis-trial,and doubtfull the DA would attempt to prosicute a third time,so he is gonna walk free.

Alex   April 4th, 2009 10:08 pm ET

Jami- Im surprised youre a Spector "fan". Its disgusting that after 6 years he hasnt spent a day in jail-because he could afford to pay $1million bail. The first trial was a travesty-with 5 women testifying to his sick & demented behavior-the chaufer who said Spector said "I just killed someone"-and witnesses who testified to her state of mind (definitely not suicidal!) Result-hung jury-with 11-1 for guilty. Holdout thought reasonable doubt meant beyond any possible doubt. So he was sent back to his castle for 2 years? Another disgusting example of "rich mans justice" If the defendant were Black or Mexican with a public defender-hed be on death row now!! Hope Spector gets whats coming to him this time!

Allison   April 5th, 2009 4:45 am ET

Regarding your comments on the Spector re-do trial: spoken like a true defense lawyer, Ms. Floyd.

Mary   April 5th, 2009 10:14 am ET

The jury will resume delibrations to-morrow Apr 6/09. One of the
jurist was sick apparently. What happened to the 4 spares?????
I was also very disapointed with Jamie Floyds outlook. I think he
bought his way out of the last trial and I hope not this one.Apparently
when he bought his "Castle he paid cash, he now has a mortgage"
so the last trial, must have been very pricey. Sprocket-trials does a good job of following this.

donna   April 6th, 2009 10:51 am ET

i wish "court tv" didnt screw up and change to tru tv .....
i cant find any info at all on the phil spector trial ....
was there a verdict and i didnt hear about it ????????
whos stupid idea was it to change court tv to tru tv anyway ????

Donna Mickle   April 6th, 2009 10:54 am ET

why is there nothing being said about the Phil spector case?

Mary Jo Smith   April 6th, 2009 12:54 pm ET

I agree with Ann,, what is going on????

Trish   April 7th, 2009 5:58 pm ET

No despondant woman buys 7 pairs of shoes within 24 hours of killing herself.

Not only did the first trial show enough evidence to convince me Spector did it, but the behavior of the defense team weakened their position even further. The "light bulb" moment in which Dr Baden resurrected Lana, saying she died from the way her body was handled breaking her neck, instead of the bullet was so ridiculous because it doesn't even matter. Even if it were true, without having been shot, there would have been no opportunity for her neck to be moved the wrong way. Being shot was the cause of her death. Period.

I also think the one juror who never wavered on "not guilty" seemed to be prejudiced against Lana, either because of her profession, or because she was female. I don't think a video of the crime would have moved him. Also, when he spoke at the press conference with 2 other jurors and then just walked off after having his say, leaving the other jurors standing in surprise, he showed that he had no respect for any opinion but his own.

Justice   April 13th, 2009 6:30 pm ET

Hello Jamie, You missed this one but nailed the Brandon Craig verdict. But I would have held out on the BC verdict for a hung jury NO MATTER WHAT the others said.
It's nice to see PS also get the 2nd degree MURDER conviction rather than the involuntary manslaughter charge. Now how much time will he get or is this a mandatory minimum sentence?

David Raab   April 13th, 2009 8:37 pm ET

Congratulations to the Spector jury for finding Spector guilty of 2nd degree murder! In a justice system that so often caters to the rich I am glad the jurors saw through the defense team's smoke and mirrors and gave Spector what he has so well deserved! Kudos also to Alan Jackson and the prosecution team...Spector should have gotten this the first time around.

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