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Phil Spector's Burden

It's burdensome to defend against any homicide charge, but the burden can be crushing when the defense must address not just the charge but unrelated allegations of distant misconduct. Phil Spector is on trial for the 2003 shooting of Lana Clarkson, but the prosecution wants to prove his "pattern of threatening women with guns," leading to testimony that he tried to have sex with a woman at gunpoint in the 1980's and that he threatened another woman with a gun "and hit her on the head when she tried to leave his Pasadena home."

Spector's alleged pattern of using guns and being violent toward other women doesn't tell us much about his role in Lana Clarkson's death in 2003. The case against Spector should be made on its own merits, not on the assumption that Spector probably killed Clarkson because he (allegedly) committed other violent acts at other times against other women.

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    thus the myth that evidenciary rules help defense (5.00 / 1) (#1)
    by ltgesq on Mon May 07, 2007 at 10:36:37 PM EST
    Rule 404b has always been a nightmare for defense lawyers.

    even more problematic is: 1) he looks like a crazy ferret, 2)he will never be able to take the stand, 3) he has an out of town lawyer in Bruce Cutler (last i checked), that hair.

    But who knows, juries can be unpredictable.

    Phil's... (5.00 / 1) (#3)
    by desertswine on Tue May 08, 2007 at 10:26:55 AM EST
    had a hair cut, of sorts.

    The new Phil.

    The old Phil.

    Parent

    on the flip side................... (none / 0) (#2)
    by cpinva on Mon May 07, 2007 at 11:40:22 PM EST
    if it walks like a man threatening women with guns, and acts like a man threatening women with guns, and sounds like a man threatening women with guns, the odds are pretty darn good.......................

    presumably, that isn't the extent of the state's evidence, just another notch on the board. the problem with playing with guns is that no good can ever come of it.

    But that's (none / 0) (#4)
    by Deconstructionist on Tue May 08, 2007 at 11:39:25 AM EST
      the one thing that the "similar acts" rule is supposed to exclude. As all lawyers know 404 (b) is interpreted as a rule of inclusion not exclusion but similar acts evidence is not to be admitted for the "he's done bad things so he probably did this too"  Basically couts are very disposed to allowing similar acts evidence for any reason other than to prove action in conformity with prior bad acts (and even that in child sex cases) but in a case such as this a "pattern" theory should at the least be required to be based on the finding that the other acts were similar in more than simply the broad type of act.

       I don't know anything about the alleged details of his alleged prior gun brandishing but it should take more than "gun brandished/woman involved" to be admitted.

    Parent