Phil Spector

AP Photo/Chris Pizzello

Phil Spector's defense team heard a "no" from on high today.

The California Supreme Court on Wednesday declined to review an appellate court's refusal to order a hearing on the defense's wish to have the judge who presided over Spector's first murder trial removed from the case.

Spector attorney Doron Weinberg has argued that jury instructions given by Los Angeles Superior Court Judge Larry Paul Fidler, who is also set to helm the music producer's retrial in September, the first time around indicated a bias against the defendant.

A judge ruled that the defense had showed no basis for Fidler's removal and failed to file its motion in a timely manner. The 2nd District Court of Appeal subsequently refused in April to order a hearing on the matter.

Spector's second trial for the shooting death of Lana Clarkson is scheduled to begin Sept. 29.

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