Phil Spector trial: Day 19

His former lawyer says she will not testify

Phil Spector’s former lawyer is currently facing a contempt charge following her refusal to testify in the high profile case.

Sara Caplan, is a key witness in the case, having been present at the crime scene as forensic experts pieced together evidence.

Although Caplan is no longer working on the case, her claim that she saw forensic scientist Henry C. Lee pocket evidence is considered vital by the prosecution.

Caplan said she saw Lee conceal what appeared to be an acrylic fingernail thought to belong to Lana Clarkson, who was shot dead at Spector’s home in February 2003. The fingernail would add to the prosecutions claims that Clarkson was resisting the gun that shot her in the mouth, and be key in the their claim that she did not commit suicide.

Caplan is refusing to testify based on lawyer-client privilege but the judge in the case, Los Angeles County Superior Court Judge Larry Paul Fidler is saying she will be charged with contempt should she refuse to give evidence saying “There is no privilege not to testify.”

Caplan’s testimony would contradict the evidence given by Lee, a forensic expert whose previous trials include the OJ Simpson murder trial. Lee is denying the existence of the fingernail.

–By our New York staff.

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