Judge Denies Prejudice Against Spector
By LINDA DEUTSCH,
AP
Posted: 2008-03-26 06:56:36
LOS ANGELES (March 26) - The judge who presided over Phil Spector's
first murder trial has rejected a defense motion to disqualify him
from the retrial because of alleged prejudice against the legendary
rock music producer.
Superior Court Judge Larry Paul Fidler signed a declaration that
he was not biased or prejudiced against any party in the case,
according to court papers released Tuesday.
Spector's first trial ended in a jury deadlock last September.
Spector, famed for his "Wall of Sound" recording technique, is
accused of killing actress Lana Clarkson at his Alhambra mansion on
Feb. 3, 2003.
In the statement the judge signed March 19, Fidler also said the
motion filed by Spector attorney Doron Weinberg was untimely and
any protests of the judge's actions should have been filed when
they occurred during the trial.
Weinberg said he was preparing to file a writ with the state
court of appeals seeking a hearing before a neutral judge.
Weinberg filed a 44-page motion last week listing numerous
alleged acts of bias by the judge. They included: the imposition of
a gag order limited to Spector's wife and a potential defense
witness as well as his decision to withdraw a jury instruction and
craft a new one after jurors first announced they were deadlocked.
The defense alleged that Fidler wanted to counter public
perceptions that celebrities were given special treatment and could
not be convicted in California courts.
Clarkson, 40, was working as a hostess at the House of Blues
when she met Spector and went home with him. The actress best known
for her role in "Barbarian Queen" died of a gunshot fired inside
her mouth while she was seated in a foyer of Spector's mansion.
The prosecution claimed Spector, 68, shot her and that had a
history of threatening women with guns; the defense argued Clarkson
shot herself, either accidentally or by suicide.
No date has been set for the retrial and a hearing on that issue
was scheduled for Friday.
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2008-03-26 06:56:36