CONFUSION, HUMOR MARK SPECTOR TRIAL JUDGE TELLS DEADLOCKED JURY HE WILL OFFER NEW INSTRUCTIONS, BUT NOT A LESSER CHARGE.Byline: TONY CASTRO Staff Writer Trying to inject a bit of levity lev·i·ty n. pl. lev·i·ties 1. Lightness of manner or speech, especially when inappropriate; frivolity. 2. Inconstancy; changeableness. 3. The state or quality of being light; buoyancy. into the increasingly confusing Phil Spector murder trial Wednesday, Superior Court Judge Larry Paul Fidler looked sternly at the attorneys and in his best deadpan quipped: "Nothing is carved in concrete. It is all quicksand quicksand State in which water-saturated sand loses its supporting capacity and acquires the characteristics of a liquid. Quicksand is usually found in a hollow at the mouth of a large river or along a flat stretch of stream or beach where pools of water become partly filled ." The description was not far off for the almost five-month trial, which has suddenly sunk into a legal quagmire. On Wednesday, Fidler attempted to deal with the jury's 7-5 stalemate on second-degree murder charges against the pop music industry icon, ruling out any consideration of a lesser charge and saying he would amend his jury instructions Jury instructions are the set of legal rules that jurors must follow when the jury is deciding a civil or criminal case. Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. . Instead, Fidler said he would simply give new amended instructions to the jury when it returns to the court at 10 a.m. today. Coming a day after the jury said it was deadlocked seven days into deliberations, Wednesday's session appeared to only further convolute the process and offered a rare mid-deliberation glimpse into the jury's confusion as it considers whether Spector shot and killed 40-year-old actress Lana Clarkson
Lana Clarkson (April 5, 1962 – February 3, 2003) was an American actress. She was born in Long Beach, California. on Feb. 3, 2003. Several jurors told the judge they were confused about one particular instruction -- Special Instruction No. 3 -- as well as how to distinguish "reasonable doubt" from mere "doubt." Although issued to the jury by Fidler, the instruction had been written by defense attorney Dennis Riordan and laid out the prosecution theory of how it believes Spector killed Clarkson -- and that the prosecution must prove beyond a reasonable doubt that Spector pointed a gun at Clarkson and the gun ended up inside her mouth while in Spector's hand. "If you do not find that the prosecution has proved beyond a reasonable doubt that the defendant committed that act," the last sentence of the instruction reads, "you must return a verdict of not guilty." On Wednesday, Fidler dealt with the jury's confusion by saying he would rescind To declare a contract void—of no legal force or binding effect—from its inception and thereby restore the parties to the positions they would have occupied had no contract ever been made. rescind v. it because it "misstates the law" in its final sentence. Disappointed with the ruling, Spector's attorneys moved for a mistrial A courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial. It differs from a "new trial," which recognizes that a trial was completed but was set aside so that the issues could be , a motion Fidler denied. Several court-watchers, including an attorney not connected to the case, said it appeared the instruction strongly favored Spector. Prosecutors had objected to its inclusion in the judge's overall instructions, arguing that it "pigeonholes" both the prosecution's case as well as the jury in its deliberations. In making his ruling eliminating it, Fidler offered to allow both sides to make new arguments to the jury, an offer defense lawyers rejected. Earlier in the day, Fidler decided against instructing the jury to consider a reduced charge 1. The smaller of the two propelling charges available for naval guns. 2. Charge employing a reduced amount of propellant to fire a gun at short ranges as compared to a normal charge. See also normal charge. of manslaughter against the 67-year-old music producer. Spector's lawyers opposed it while the prosecution supported it. Spector faces 15 years to life in prison if convicted of second-degree murder, with a possible additional 10-year penalty for use of a firearm firearm, device consisting essentially of a straight tube to propel shot, shell, or bullets by the explosion of gunpowder. Although the Chinese discovered gunpowder as early as the 9th cent., they did not develop firearms until the mid-14th cent. in the crime. A manslaughter conviction would carry a two- to four-year sentence, with a possible enhancement for use of a firearm of from three years to 10 years. "It would be inappropriate at this time to instruct a jury to a new offense," Fidler said of the manslaughter/murder issue after hearing arguments from both sides outside the jury's presence. Fidler appeared sensitive to the notion that there is a deadlocked jury in the case, at one point correcting one of the lawyers. "The jury is not hung," Fidler said. "They're at an impasse." It was typical of a day of tense moments mixed with humor. At one point in the morning, a bailiff bailiff Officer of some U.S. courts whose duties include keeping order in the courtroom and guarding prisoners or jurors in deliberation. In medieval Europe, it was a title of some dignity and power, denoting a manorial superintendent or royal agent who collected fines and removed two women from seats in the courtroom, informing them that the section was for the media. "The medium?" asked one of the women, who apparently had misheard. "There's a medium that comes to court? Like a psychic?" Moments later when court resumed, Fidler was addressed by Riordan, who was not in court but was communicating through a speaker phone, with the courtroom hearing only a distant voice without a body. Fidler feigned feigned adj. 1. Not real; pretended: a feigned modesty. 2. Made-up; fictitious. Adj. 1. being mystified mys·ti·fy tr.v. mys·ti·fied, mys·ti·fy·ing, mys·ti·fies 1. To confuse or puzzle mentally. See Synonyms at puzzle. 2. To make obscure or mysterious. , saying, "Why do I have a feeling we're at a seance?" tony.castro(at)dailynews.com (818) 713-3761 CAPTION(S): photo Photo: Record producer Phil Spector leaves court in Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. on Wednesday accompanied by his wife, Rachelle Spector. Nick Ut/Associated Press |
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