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In Los Angeles, the judge in the Phil Spector murder case is giving the deadlocked jury one more chance to reach a verdict. The panel remained split after seven days of deliberations, but the judge is trying to avoid a mistrial. That's why he is revising his instructions to the jury on what constitutes second degree murder.
NPR's Carrie Kahn reports.
CARRIE KAHN: As he's done through most of the trial, legendary rock producer Phil Spector sat glum-faced while attorneys argued over what to do about the deadlocked jury.
The 67-year-old Spector is accused of shooting actress Lana Clarkson four years ago at his L.A. area mansion. The defense says Clarkson was despondent over her acting career and actually shot herself in the mouth.
The jury told Judge Larry Fidler they're deadlocked seven to five, but didn't indicate which way they're leaning. Instead of declaring an immediate mistrial, the judge suggested he might let jurors consider a lesser charge of involuntary manslaughter. But yesterday he changed his mind and said such a move could signal that he wanted the panel to find Spector guilty of something, even if it wasn't murder.
So today it's back to square one. The jury will resume deliberations on the murder charge. Only this time the judge will tell them to disregard a special instruction he gave them earlier (unintelligible) Spector was holding the gun at the time it went off in Clarkson's face.
Judge LARRY FIDLER (Los Angeles Municipal Court): That is simply not a statement of a law of second degree murder, and it is absolute error. It is just wrong. And it's no doubt, I can see why the jury is confused.
KAHN: Loyola Law School Professor Laurie Levenson says the jurors should not have been given such a narrow definition of second degree murder.
Professor LAURIE LEVENSON (Loyola Law School): In fact, there are a lot of other ways you can prove murder. So by withdrawing that, he gives more opportunities for a conviction.
KAHN: Levenson says all the confusion undoubtedly means an appeal will be filed if Phil Spector is convicted of murder.
Carrie Kahn, NPR News. Transcript provided by NPR, Copyright NPR.
