Phil Spector trial: Day 38

Defence tries to have murder charge dismissed

The defence in the Phil Spector trial today (July 24) requested that the murder charges against him be dropped or reduced, saying that the prosecution’s case did not prove ‘implied malice’ in the death of Lana Clarkson .

However, Los Angeles County Superior Court Judge Larry Paul Fidler said the murder charge still stands, and it will be up to the jury to decide if Spector is guilty of this charge.

Prosecutor Alan Jackson refuted the defence’s claim that there was no “implied malice”, saying that under Californian law even pointing a loaded gun can be considered malicious.

Following the short hearing this morning, the jury returned to the courtroom as the defence team continued to try to prove that Lana Clarkson accidentally shot herself at Spector’s mansion in February 2003.

This afternoon, Clarkson’s friend Gregory Sims took to the stand and said that the actress was ”having a hard time” in the weeks before her death and had confided in him that she was unhappy about the state of her personal life, including the fact that she had no children.

The defence have tried to paint a picture of Clarkson as a depressed out-of-work actress at the end of her tether with her financial and personal life.

However, despite admitting that Clarkson was feeling blue on the night that the conversation took place, whenSims was asked by Deputy Dist. Atty. Pat Dixon if Clarkson was one of those actors who would “keep pursuing [her career] with hope and perseverance”, he replied “She was”.

–By our New York staff.

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