Judge demands evidence from Phil Spector defense
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Phil Spector
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LOS ANGELES, California (AP) -- The defense in music producer Phil Spector's murder case has refused to turn over a torn piece of the victim's fingernail, blackened with gunpowder residue, prosecutors said in court documents released Wednesday.
Deputy District Attorney Douglas Sortino demanded that attorney Robert Shapiro turn over the evidence, which he said was collected by the defense after sheriff's deputies overlooked it in their investigation of the crime scene.
Prosecutors had earlier said the defense had a mystery "item of physical evidence," but identified it in the motion filed Monday as the fingernail of actress Lana Clarkson.
Spector, 62, was arrested on February 3, 2003, after Clarkson was found shot to death in the foyer of his hilltop home. The crime scene was searched by authorities and then by Spector's defense team, which includes famed criminalist Henry Lee.
In the motion, prosecutors asked for Shapiro to identify the item, say where it was found, and identify who has had access to it and what tests have been performed on it. A gunpowder-stained fingernail could be useful in determining how Clarkson was shot.
Spector remains free on $1 million bail. He has told Esquire Magazine that he is innocent and suggested the actress shot herself.
Shapiro has refused to say if there was any evidence found by the defense, but said he did not think he had any obligation to turn over such evidence, if it exists.
The case is now complicated by the fact that Shapiro has been replaced as counsel by attorney Leslie Abramson. Abramson declined to comment on the request but said she would be filing a response to the district attorney's motions before the next hearing, scheduled for February 17.
District attorney's spokeswoman Sandi Gibbons said the change of lawyers should make no difference.
"It's part of the evidence and we're entitled to have it," she said.
Copyright 2004 The
Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
