Wednesday, August 15, 2007

In Real Life That Courtroom Drama Shit Just Don't Work

Los Angeles, CA

I have refrained on commenting on Phil Spector, inventor of the Wall of Sound and all around crazy motherfucker, and his current troubles. Mostly, because everyone else has.

On the odd chance you've been living under a rock and haven't heard of this, Phil has been accused of shooting Lana Clarkson in the head at his home. Blood was found speckled on his jacket, and the prosecution's theory is that it could only have gotten there if he'd pulled the trigger.

Not so fast. Turns out that defense attorneys got one of their expert witnesses to testify that in fact, no, Mr. Spector didn't need to be the one to pull the trigger as Ms Clarkson's spine hadn't been severed by the bullet, allowing her to possibly continue coughing up blood, potentially spattering Mr. Spector's clothes. Seems he was at the autopsy and went over all of the forensics reports.

Great move, defense. Only problem is that they didn't tell the prosecution they were going to do it.

See, there's this little thing called "Discovery" where everyone's supposed to be on the same page and know what the other people know. No surprises, no last minute witnesses, new evidence, nothing. Unless both sides know about it first.

Needless to say, the judge is not happy, but that's a moot point if it puts some doubt into the minds of the jurors.


JD Rhoades said...

Usually, it's the other way around...the prosecutor suddenly "remembers" they forgot to give you the statement of the witness who says the prosecuting witness is a pathological liar. And it's a week before trial in a capital case. This actually just happened to a friend of mine, and the judge refused to continue the case to give him time to run the witness down.

Steven said...

I would think you wouldn't need all that much time to run a witness down if there's enough horsepower under the hood of the car... Even an especially dodgy witness can only run 20-25 mph, tops.