"She died of a self-inflicted wound," said DiMaio. "There is no objective scientific evidence that anyone else held the gun. Everything else is speculative. The physical evidence is consistent with her having the gun and her having discharged the gun. She's got blood on her hands, gunshot residue on her hands, an intra-oral wound. Ninety-nine percent, it's suicide."
Dr. DiMaio said it is a common misconception that people only commit suicide in private, and never in public.
"Yes they do. You see the politician who put the gun in his mouth and killed himself on TV? And, well, there was no planning. A suicide is many times impulsive. These aren't planned things. And then you add alcohol," DiMaio said. "People on alcohol do stupid things. Anything could be anything, but when you stick to the objective, scientific facts, it's suicide."
Prosecution Has Not Closed
Clarkson had a .12 percent blood-alcohol level and Vicodin in her system when she died.
Dr. DiMaio was the first witness for the defense, which began presenting its case this week although the prosecution has not yet closed its case. The prosecution still wants to call former Spector attorney Sara Caplan to testify about evidence found at the crime scene by Dr. Henry Lee and never turned over to the prosecution.
Caplan has refused to testify, citing attorney-client privilege. She has been found in contempt of court and faces possible incarceration for her refusal.