Prosecution wins evidence battle against Phil Spector

Phil Spector went home appearing shaken after his lawyers failed to persuade a judge to limit evidence in his forthcoming murder trial, including statements that the legendary music producer made without being advised of his right to remain silent.

The frizzy-haired 65-year-old Spector leaned heavily on the arm of a woman lawyer and was surrounded by three burly bodyguards as he left court. He spoke only once during yesterday’s pre-trial hearing, answering “Yes sir,” when the judge asked if he waived his right to a speedy trial.

In spite of impassioned pleas from defence attorney Bruce Cutler and co-counsel Roger Rosen, Superior Court Judge Larry Paul Fidler turned down all of their motions to suppress evidence in the February 3, 2003, shooting of Lana Clarkson.

The judge said accounts of the events of that night showed Spector made statements to police spontaneously and wasn’t being interrogated. Although it was clear the creator of rock music’s “wall of sound” was asking for his lawyer, Fidler said police did not press him for information before attorney Robert Shapiro arrived.

“The court finds all the statements are admissible as a point of law,” Fidler said, adding that anything construed to be an admission had to be offered by the prosecution, not by Spector’s lawyers. Spector’s version of events may be introduced by the defence only if he testifies.

Among the most critical comments ruled admissible was one overheard by a policewoman who said Spector declared: “I didn’t mean to shoot her. It was an accident.”

Officer Beatrice Rodriguez said she overheard the statement as she stood guard in a hallway of Spector’s castle-like Alhambra home, where Clarkson’s body was found. Unlike other officers, she was not tape-recording his comments.

Clarkson, the glamorous star of the cult movie, Barbarian Queen, was working as a hostess at the House of Blues the night she went home with Spector. Police were called when a limousine driver heard a gun go off.

The importance of the officer’s testimony was underscored by a defence request to see all complaints ever filed against her. Representatives of the Alhambra City Attorney’s office brought a box of documents to Fidler for inspection in his chambers, but the judge said he was sealing the discussion of the records.

On the same night Spector spoke to police at his home he also made statements at the police station. Prosecutor Douglas Sortino said he does not plan to use those remarks, which include Spector’s statement that Clarkson committed suicide.

According to a police report, Spector told Officer Derek Gilliam that Clarkson, 40, was waving a gun around and that she ignored him when he told her to put it down.

Cutler said the gun that killed Clarkson wasn’t Spector’s and that the producer didn’t shoot her.

“The ownership of the gun that caused the death of Ms. Clarkson and how it was used and by whom will be battled out in this courtroom,” he said. “We deny in the clearest terms that he ever confessed to shooting the lady.”

Another pre-trial hearing is scheduled for December 2.