Prosecution Accuses Spector Defense Of Keeping Women Off Jury--But Defense Agrees To A Woman Claims Adjuster
By Linda Deutsch, AP Special Correspondent - May 2, 2007LOS ANGELES (AP) _ Prosecutors complained to the judge in the Phil Spector trial Tuesday that the defense systematically sought to exclude women from the jury that will decide if the music producer murdered actress Lana Clarkson.
A hearing on the issue came on the eve of opening statements, minutes before both sides accepted a four-man, two-woman panel of alternate jurors. The regular jury, sworn in last week, has nine men and three women.
Superior Court Judge Larry Fidler said he was aware the defense exercised nine peremptory challenges, eight of which removed women.
``I've been keeping an eye on it,'' he said. But he ultimately ruled there was no violation.
A precedent known in California as Wheeler-Batson prohibits the systematic exclusion of jurors by race, gender, religion, ethnicity or sexual preference.
A legal expert said it was not surprising the defense would seek to limit the number of women on the jury.
``Women are more likely to identify with the victim in this case,'' said Laurie Levenson, a Loyola Law School professor. ``And it's not just the victim. It's the fact that the prosecution plans to put on other women as witnesses who claim they had problems with Spector.''
She said the defense would most likely be attacking the stories of the women who claimed Spector threatened them with guns and could also attack Clarkson's character, neither of which would play well to women jurors.
The eccentric Spector lives in a rambling ``castle'' in suburban Alhambra. It was there that he took Clarkson on Feb. 3, 2003. She wound up dead with a bullet wound through her mouth.
A number of prospective jurors, male and female, were dismissed for cause when they expressed strong views that Spector was guilty of murder. One man was excused Tuesday when he said his religious faith would prevent him from passing judgment on anyone.
The judge said prosecutors privately raised the question of gender in defense challenges last week but did not lodge a formal objection.
When defense attorney Roger Rosen asked to remove a woman from the alternate panel, the judge asked him to explain what facts other than gender made that woman and others unsuitable for the jury. Normally, lawyers do not have to specify reasons for removing panelists with peremptory challenges.
Rosen recited factors for each woman removed, including domestic violence experiences, losses of family members in killings or suicide and relationships with law officers who are friends or family members.
Deputy District Attorney Pat Dixon said some of the men remaining on the jury had comparable issues but were not eliminated because of their gender.
The judge said he was ``troubled'' by the comparisons but felt there were sufficient reasons given to exclude the challenged jurors.
At that point, the defense was allowed to remove one woman juror who was then replaced by another woman, an insurance claims adjuster, who was accepted by both sides.
In opening statements Wednesday defense attorneys are expected to stress the importance of forensic evidence and assert it will prove the death either a suicide or accident.
The prosecution is expected to give an overview of evidence supporting its theory of "implied malice" which could lead to a conviction of second-degree murder.
Spector is charged with murder, but there is no allegation of the premeditation required for first-degree murder. Implied malice requires the taking of an extreme risk that could lead to death and a callous disregard for human life.
Jurors could also be given the option of finding involuntary manslaughter which requires a finding of negligence.
The penalty for second-degree murder is 15 years to life in prison.
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