Spector Prosecution at Rest, Defense on Toes

The Los Angeles District Attorney's Office has finally stated its case in full.

Thirty-five witnesses and three months of testimony later—and three weeks after the defense launched its own case—the team prosecuting Phil Spector for murder rested its case on Monday.

Deputy District Attorney Patrick Dixon finished off his colleagues' side of the story by calling L.A. County Sheriff's Department Detective Richard Tomlin to the stand. The lawman testified that the defense never gave investigators the small, white object that a forensics expert allegedly found in the hallway of Spector's home on Feb, 4, 2003, the day after Lana Clarkson died.

Former defense team member Sara Caplan avoided going to jail for contempt by testifying July 12 that she saw Dr. Henry Lee pick up such a bit of material and place it in a vial.

The prosecution has maintained that Lee pocketed a piece of Clarkson's broken acrylic fingernail, which could imply that a struggle took place before she was shot or that Clarkson's fingers were in her mouth trying to dislodge the gun when it went off, and L.A. County Superior Court Judge Larry Paul Fidler agreed that Lee picked something up at the scene, although he couldn't say whether it was a nail.

Lee, who is currently traveling in Asia, has denied doing any such thing and has said that it's unlikely he'll testify for the defense after all, unless Spector's camp goes to great lengths to get him back.

The defense has argued that, if there ever was such an object in Spector's foyer, police would have found it before Lee examined the scene.

Tomlin testified that the defense did turn over items such as carpet fibers, dried blood and a piece of bloodstained carpet. No small, flat white object with uneven edges, though, he said.

"You're aware that item has been asked for?" Dixon asked the detective.

"Yes," Tomlin replied.

Afterward, defense attorney Christopher Plourd suggested that the so-called missing fingernail was just a distraction technique on the prosecution's part.

"Do you have any reason to believe [police investigators] didn't do their job?" Plourd asked Tomlin.

"No," he replied.

Before the prosecution put the finishing touches on its case today, however, forensics and bloodstain pattern expert Stuart James testified that there was no hard-and-fast rule about how far blood spatter can travel from an intra-oral wound, such as the one Clarkson suffered, and that Spector could have been up to six feet away from her when the gun went off.

Based on bloodstains found on a jacket Spector was wearing that night and the lack of blood around the immediate vicinity of the chair her body was found in, the prosecution has argued that he was only two or three feet away.

"Is there any agreement that it can only go three feet?" defense lawyer Linda Kenney Baden asked.

"No," James answered. "I went to every source I could find and talked to numerous people. There is simply a wide variation."

Spector's crew has insisted that Clarkson was the victim of an "accidental suicide" and pulled the trigger of the .38-caliber Colt Cobra revolver herself.

James also testified that a bloodstain found on the right cuff of the famed music producer's jacket could only have gotten there if Spector's right arm had been folded across his body, parallel to the ground, in a defensive position.

James admitted under cross-examination by Deputy D.A. Alan Jackson, however, that, due to the lack of blood back spatter, Spector could have been closer. He also agreed that it was reasonable to assume that Clarkson's head was turned to her right side when she was shot, based on the amount of blood found on the right side of her body and the chair, as L.A. Sheriff's Department criminalist Lynne Herold had previously testified.

The expert also echoed previous defense witnesses' suggestions that investigators did a sloppy job at the alleged crime scene.

"You're crushing and pulverizing any potential spatter down deep into the carpet" by walking through the foyer as they did, James said.

Testimony is expected to resume Tuesday at 1:30 p.m., after the defense has filed a motion for a directed not-guilty verdict, on account of the prosecution not proving its case—a standard legal procedure.

Also back on the sidelines today was famed criminal attorney Bruce Cutler, who since delivering the defense's opening statement back in April has remained largely silent in court, despite his original designation as Spector's lead attorney.

Cutler has been M.I.A. for the past few weeks while he filmed the syndicated reality show Jury Duty, slated to premiere Sept. 17, on which he serves as a judge while stars such as Ed Begley Jr. and Kevin Sorbo hear small-claims cases.

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