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Judge decides against allowing jury to consider lesser charge 9 лет назад


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Judge decides against allowing jury to consider lesser charge

(20 Sep 2007) SHOTLIST AP Television Los Angeles, California - 19 September 2007 1. Wide shot of courthouse 2. Close-up of courthouse sign Pool Los Angeles, California - 19 September 2007 3. Wide interior shot of courtroom 4. Judge Larry Fidler talking 5. Phil Spector listening 6. SOUNDBITE: (English) Judge Larry Fidler, Los Angeles Superior Court: "It would be inappropriate at this time to instruct the jury with a new offence, that being the lesser offence of manslaughter, because I believe it's basically directing them if at all possible that that's what they should find. And that is inappropriate." 7. Mid shot of Spector's legal team. 8. SOUNDBITE: (English) Judge Larry Fidler, Los Angeles Superior Court: "This jury is not hung, they're at an impasse. The jury is hung when they cannot come to a conclusion after everything is done. We're not there yet. They're at am impasse." 9. Spector sitting in court AP Television Los Angeles, California - 19 September 2007 10. SOUNDBITE: (English) Linda Deutsch, AP Special Correspondent: "It sounds like they are in conflict. We have a seven to five split, that's a pretty deep division. And whether they could now give them instructions that would make them change their minds, and that all 12 of them could suddenly come to an agreement on something, it's hard to imagine. But everything is possible in this case." 11. Various of Phil Spector leaving courthouse STORYLINE: The judge in record producer Phil Spector's murder trial, being held in Los Angeles, decided on Wednesday not to allow the deadlocked jury to consider a lesser charge of involuntary manslaughter. Superior Court Judge Larry Paul Fidler called jurors in and asked them how the court might help them break the impasse - a 7-5 split, according to the foreman, who has not said in which direction the panel is leaning. After their comments, the judge withdrew one instruction to jurors dealing with the concept of reasonable doubt. Spector, 67, is charged with second-degree murder in the death of actress Lana Clarkson in his Alhambra mansion on February 3, 2003, a few hours after she met him at her job as a nightclub hostess and went home with him. The defence maintains that Clarkson, 40, was depressed and shot herself either on purpose or by accident. Fidler rejected strenuous arguments from prosecutor Alan Jackson urging the judge to allow consideration of manslaughter. He accepted equally vigorous statements by defence attorney Bradley Brunon, who noted that the prosecution had never asked for instructions on involuntary manslaughter and would be changing its theory of the case in midstream. Jackson said he wasn't changing his theory, which could be applied to manslaughter, as well as murder. "It would be inappropriate at this time to instruct the jury with a new offence, that being the lesser offence of manslaughter because I believe it's basically directing them if at all possible that that's what they should find. And that is inappropriate," said Fidler. After the judge asked jurors on Wednesday what the court could do to help break the impasse, some cited the panelists' differences of opinion on the evidence and on the concept of reasonable doubt. The jury foreman's comments pointed to the essential issue dividing jurors. "Is it appropriate for one side to feel - for one juror to feel that it's reasonable and for another juror to feel that it's not reasonable - from the same facts that were presented in the case?" he asked. Fidler later decided to withdraw a particular jury instruction, saying it misstated the law and might confuse panelists. Find out more about AP Archive: http://www.aparchive.com/HowWeWork Twitter:   / ap_archive   Facebook:   / aparchives   ​​ Instagram:   / apnews   You can license this story through AP Archive: http://www.aparchive.com/metadata/you...

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