Phil Spector trial: Day 3

Lawyer alleged to have taken evidence from crime scene

A former lawyer for Phil Spector took a piece of evidence from the crime scene that was not given to prosecutors, a court has been told.

Sara Caplan is alleged to have taken a piece of toothnail that had been missed by police in Spector’s foyer.

As previously reported Spector’s murder trial was postponed as the producer’s lawyer Bruce Cutler was taken ill.

Spector is accused of gunning down Lana Clarkson on February 3, 2003 at his Los Angeles mansion.

Grey Diamond, who once worked with Spector’s lawyers, made the claim at a special hearing without the jury.

Diamond worked as a clerk for Spector’s former defence attorney Robert Shapiro, and contacted prosecutors two weeks ago saying he had information on the case.

However, he was reluctant to give evidence and asked for the hearing to be postponed, but was ordered to appear by Superior Court Judge Larry Paul Fidler.

A full trial will resume on Monday (May 7).

Diamond said that he went to the crime scene with Shapiro, Caplan, forensic pathologist Dr Michael Badan and others.

He said he saw Caplan find a small white object and hand it to Dr Baden, which was then passed around other members of the team.

Diamond said: “Dr Baden did make mention of what the item was…He said it was a fragment of a tooth…everyone had seen the item in some capacity.”

But Baden, who was also called to give evidence, denied that Caplan ever found anything to the crime scene, or handed him any potential piece of evidence.

He said he did not remember Diamond, and added that he would not have been able to recognise the fragment as a piece of tooth.

He stated: “I can recognise an intact tooth, not a fragment.”

Baden also denied a suggestion that he was trying to help the defence because his wife Linda Kenney-Baden was part of the defence team.

In 2004, prosecutors filed a motion demanding Spector’s lawyers hand over a piece of Clarkson’s fingernail they believed had been found by the defence team at the crime scene. But Spector’s representatives said no such evidence existed.

Diamond and others are set to continues giving evidence before the judge on Thursday (May 3), reports BBC.