Phil Spector Loses Several Pretrial Motions

With a new team of defense attorneys on board, music producer Phil Spector lost a series of pretrial motions this week, but Superior Court Judge Larry Paul Fidler said he will reconsider some of his rulings when the trial actually begins. Spector is facing a second murder trial for the Feb. 3, 2003 death of actress Lana Clarkson.

Clarkson was found dead slumped in a chair in the foyer his Alhambra mansion, the victim of a gunshot in the mouth.

In the first trial, which ended in a hung jury and mistrial, Judge Fidler said there was insufficient evidence to allow the jury to find Spector guilty of the lesser offenses of voluntary or involuntary manslaughter.

This week, Spector's attorneys argued that if the jury in the new trial is allowed to consider the lesser offenses, it would amount to double jeopardy for those offenses. Fidler did not turn down the defense motion to bar instructions to the jury on the lesser charges, but said, "I don't believe this is a double jeopardy matter."

Videotape Testimony Allowed?

The defense also wanted to ban the videotaped testimony of a witness from the first trial who is now deceased. Diane Ogden testified that Spector threatened her with a gun.

Fidler said he has not yet decided if any of the testimony from women who claimed they were threatened in the past by Spector, but if he does rule that way, the videotape will probably be admitted. "It is the only way to show demeanor," Fidler said.

Another motion hearing is scheduled for Aug. 14. The second trial is scheduled to begin September 29.

See Also:
Spector's New Lawyers Lose Motions Before Retrial

Background:
The Murder of Lana Clarkson
The Phil Spector Case

Forum:
Discuss The Phil Spector Case

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^{Photo: Jamie Rector / Getty Images}