UPDATE-12:22 PM
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We are watching the sentencing live on CNN.com. Phil Spector has been sentenced to 19 years to life in prision for the alleged murder of Lana Clarkson.
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Music legend Phillip Spector, who has been an inmate in the Los County jail since his April 13, 2009 conviction for the alleged second degree murder of Lana Clarkson, will be sentenced today.
The 15 years to life sentence is mandatory.
Trial judge Larry Fidler, who also reportedly queered a backroom deal with prosecutors and lawyers for fugitive movie producer Roman Polanski for his surrender in the United States on decades old sex charges by reportedly insisting that Polanski’s sentencing be televised, can tack as much as 10 years onto the sentence as an enhancement for Spector’s use of a firearm.
The sentencing will be televised, as was the first trial that ended after six months in a mistrial after the jury failed to reach a verdict. Spector will be wearing one of his custom suits and not jail garb however.
If Fidler exceeds the four year enhancement requested by the prosecution and adds the full 10 years to the 15 year to life sentence for murder, barring a successful appeal Spector would be 87 years old before he was eligible for parole with no guarantee that he would be paroled at that point. A 15-to-life sentence for murder is indeterminate, meaning that the Parole Board will ultimately decide when and if Spector is released after becoming parole eligible.
Spector will not be speaking at the hearing today, but the mother of the alleged murder victim Lana Clarkson (who is suing Spector for wrongful death) will have plenty to say at the sentencing. Mrs. Clarkson is expected to read from a prepared victim impact statement.
Phil Spector’s publicist Hal Lifson told the Los Angeles times yesterday that Spector was "very disappointed" in the trial’s outcome, but was looking forward to having his case heard by a higher court.
"Everything is now being focused on a successful appeal”, Lifson told the LAT.
Spector’s legal defense team, which includes trial lawyer Doron Weinberg and appellate specialist Dennis Riordan, is so convinced that trial judge Larry Fidler has it in for their client that the defense did not even bother to file a motion for a new trial asking Fidler to set aside the verdict. Fidler has already denied a defense request that Spector remain on bail pending sentencing.
As discussed at length in this blog, Spector has some very compelling grounds for appeal, which is expected to focus on Fidler’s decision to allow the prosecution to introduce testimony from five women who all testified that Spector menaced them with guns, related instructional error by the trial court, and prosecutorial misconduct related to both prosecutors literally demonizing Spector based on that evidence—as well as arguing that the evidence showed Spector harbored the propensity to kill woman.
The decision by Fidler to admit the evidence from the five women as well as from a private cop working security for a private party (who testified that Spector told him a decade ago that all women deserved a bullet in the head) was controversial because the alleged gun incidents took pace many years ago (some 20 years ago), some of the women had drug and alcohol issues well as criminal convictions, and most of the woman sold their Spector “gun stories” to the tabloids before talking to police.
Only one woman contemporaneously reported her alleged incident with Spector to police, but also told police at the time that Spector “pistol whipped” her, yet according to the police officer who responded to her hotel suite that night she had no visible injuries or marks. Spector was not arrested that night.
The evidence from the five women also provided the theme for the prosecution closing arguments wherein Spector was continually referred to as a “demon”, a “maniac”, a murder waiting to happen, and a game of “Russian Roulette”—where the first five women were lucky enough to get the empty chamber, but Lana Clarkson got the bullet.
Under California law, in the rare instances where the alleged prior bad acts by a defendant share and the charged offense share a characteristics that are so similar they can be described as a “signature” and is therefore admissible on the limited issues of “identity” or lack of accident, the evidence must be so limited by the trial court, and the prosecution may not argue the evidence to show a propensity on the part of the defendant to commit the crime or that he is a person of bad character.
The Court of Appeal may agree with Spector’s defense team that epithets like “demon” and homicidal “maniac” fall into the latter category of impermissible character argument.
Once Spector is sentenced, he is expected to remain in custody for several months until the Court of Appeal can consider a motion that Spector be released on bail pending appeal.
31 comments:
What a miscarriage of justice and a waste of taxpayers money! According to Sprocket who was giving a blow by blow in the courtroom Weinberg has asked that his client be moved immediately to a state prison so they may be waiting to ask for appeal bail after they have prepared an opening brief, as you stated yesterday Blogonaut. Hopefully they ordered the transcripts last month and got a head start as they can take along time to be prepared especially in a 6 month long trial and the entire record will need to be before the Appellate Court, Yikes what a mess! PS's security guards have stated that they believe that he should have testified I also believe this, of course hindsight is 20/20 vision. PS had his depo taken in the Shapiro civil case, the transcript is on the web, I thought he did well as a deponent. Regardless if the Civil Trial goes forward he is required to testify. Also Sprocket reported that Spector paid restitution money in 2 checks to the Clarkson family any insight on that? Maybe they were going to delve into his finances and better to pay, I think it was $20,000.
He should get 15 years for his hair alone.
Dear Anon@11:50 AM:
1. On the request to move to state prison asap, believe it or not state prison (which is meant to house inmates long term) is a more comfortable place that a large county jail facility (meant to house inmates temporarily).
This is particularly true in Spector's case. Given his age and criminal history, after a 90 day evaluation by the CDC, he will likely be sent to a minimum security prison. In any event, once he arrives at a prison, he will be able to have a color television and music player in his cell, along with books and writing materials, and can apply for work to break up the monotony.
2. Regarding the restitution, I see two good reasons to pay it now as he did. a. it would cost him more in attorneys fees to contest the restitution award, which is mandatory following conviction, and would have been awarded after a hearing anyway and b. as you point out, paying it in full avoided the sweeping financial discovery that would have otherwise have been ordered.
3. I believe that there were daily transcripts prepared as the trial progressed, so that will greatly expedite the record preparation. Still, each court reporter will need to reformat and proof the rough daily transcripts with pagination consecutive to the other court days that were transcribed and there is always one reporter who is slow, sick, on vacation, or otherwise has to be prodded to get the transcript done.
4. Regarding civil discovery and the civil trial, unless and until the criminal judgment is affirmed on appeal it is not a final judgment, it is not proof of liability in the civil case, and Spector can take the 5th in response to any attempt to depose him or call him to the stand at trial.
Even if Spector eventually gains release on bail pending appeal that is going to take some time, so the sooner he can settle in, the better off he will be.
There were no surprises today, and Spector just needs to settle in to prison life, get as comfortable as possible as quickly as possible, and wait for the appellate process (including any bail application) to unfold. Spector also has to become serene about the fact that the CDC may wind up being his home for the entire appellate process of 2-3 years. Once he gets his head in that place, if he is released on bail it will be a pleasant surprise, but otherwise the time will pass a lot easier.
Of course, Spector will also be eligible for contact and periodic overnight visits with his wife.
Who knows, with no distractions and plenty of time to reflect and to write, this could wind up being one of the most productive song writing periods in Spector's career.
We wish him all the best.
It's about time! He deserves more then what he got. Hopefully he doesn't make it until parole and he rots in the prison. With any luck he will still be living until a day before he is released so he can suffer as long as possible in his little cell. It would be nice if he is placed with general population in a real prison too. With that long hair of his hopefully some guys will take him from behind and imaging he is their little b....
It's about time a person with some fame got what they deserved. That usually doesn't happen out their in the Land of Fruits and Nuts! Not that their is anything wrong with the fruits! Hey... whatever fills your twinkie!
I'm still confused why Spector would pay the restiturtion when the appeal would include the order for restitution as well. If he wins his appeal then the restitution would be reversed as well, right?
Dear 1:37 PM:
Yes, but in the meantime Spector would have been subject to the restitution order which is enforceable as a civil judgment.
Meaning: a. the court would have ordered Spector to disclose every asset he has and where it is located and b. the victims for whose benefit the restitution was ordered could lien and attach/seize/sell Spector's bank accounts as well as real and personal property--causing financial disruption (like bounced checks).
This way Spector avoids the disruption and the financial disclosure over a relatively minor sum of money.
The financial disclosure is coming.....another hearing on the civil case is next week.
Don't think for a minute that his young bride will be taking advantage of conjugal visits. That is NOT the nature of their relationship!
Dear 2:24:
1. Prejudgment financial discovery is generally prohibited in civil cases by statute; where permitted by special motion the discovery is usually sealed and not accessible by the plaintiffs or their attorneys unless and until a findings of liability and malice are made by the trier of fact. (See Cal.Civ.Code Sec. 3295.)
2. As to the other issue you raise, we seriously doubt you are in a position to know--unless you sleep with Mr. and Mrs. Spector. In fact, we doubt you even know either one of them--even casually.
Yes, he is innocent, but does not take the stand(twice!), and has no comment, and pays the restitution in full, and his forty-years-younger bride loves him in the purest way with the most honorable intentions, and I am going to keep wearin' these rose-colored glasses...
We have not said any of the above.
We do not think the evidence of Spector's guilt was as overwhelming as some believe, do not believe that he received a fair trial, do believe that (guilty or innocent) the conviction will be reversed, and pointed out that you do not have any knowledge about Mr. and Mrs. Spector's relationship one way or another.
That is all.
Blogonaut,
Would you explain why Phillip Spector was charged with second degree murder instead of manslaughter?
Thanks.
Aloha:
Phil Spector was charged with murder in the second degree because an intra-oral gunshot tends to indicate either a suicide or murder but if done by another person not an accident.
It is pretty hard to put a gun in someone’s mouth by “accident”, and once you do that, even if the gun is later discharged by “accident” it is still an act inherently dangerous to human life resulting in death—i.e. second degree murder.
In fact the defense took the position during the retrial that it was error to instruct on manslaughter under these circumstances and I agree, although in view of the murder conviction the error was probably harmless.
Of course this does not resolve the issue of who fired the shot or as it was framed during the retrial “was it suicide or murder”?
And it goes without saying that this larger question should be resolved in a fair trial, which to date Phil Spector has not received.
Blogonaut,
During the Spector Trial 1 there was a big uproar over jury instruction #3. I think that was the number. The judge then went on to give the jury hypothetical scenarios as to how the gun could have gotten into her mouth. I personally can't see how you can place a gun in someone's mouth without a struggle. As a person not familiar with criminal law, I'm not a lawyer, I found it rather peculiar that a judge who is supposed to be neutral would aid the prosecution by allowing these scenarios.
Aloha were you at the sentensing?
Well deserved punishment for a murderer.
Next stop for Doron Whineberg: The child molestation case of child psychiatrist Dr. William Ayres on June 1. Another total loser of a case.
Yes, I was. This isn't over yet. We're going to keep fighting for Phillip's freedom.
I knew an attorney who got into some State Bar trouble in the 80’s and he showed me a draft of a brief that his appellate attorney Dennis Reardon was about to submit.
His work reads more like an engaging and well written novel that a legal filing; its literature in its own right. As another lawyer I know once phrased it “his briefs sing”.
Many regard Reardon as the best criminal appellate lawyer in California. (I do.)
If there is a reversal to be had in this case Dennis will obtain it.
And given the compelling issues on appeal in this matter, there is no good (legally cognizable) reason to incarcerate Phil Spector until the appeal is resolved.
Blogonaut,
Who or how is the decision made as to where to place Phillip? Who decides if he goes to a minimum security facility vs. a medium security? Thanks.
Dear Aloha:
The decision on where Phillip Spector will be housed is exclusively an administrative decision that will made solely by staff employed by the California Department of Corrections.
Every inmate is initially taken to on of several prison facilities for purposes of evaluation.
The prison system houses inmates based on their security risk, using a point system.
Inmates in state prison are classified as level I, II, III, or IV, based on a point system which takes into account a number of factors, including the background and behavior of each inmate (offense, violent or nonviolent, gun use, prior record, age, behavior in prision, and other factors).
Level I is minimum security, and level IV represents maximum security. (See Cal.Code Regs., tit. 15, § 3375.)
The actual computation is incredibly complex, and in addition to the regulations, requires CDC forms and score sheets.
This is what I could find after an hour or so of legal research
HE GAINS 15 POINTS FOR THE SENTENCE, 4 FOR THE ENHANCEMENT (TOTAL 19) X 2 = THE BASE SCORE OF 38.
SCORES LESS THAN ZERO ARE ROUND UP TO ZERO.
I DON’T HAVE CDC FORM 839 with the different matrixes for various point values for age at incarceration, but any negative values are rounded to “o”.
Assuming no other added points, Spector is a 38—as best as I can figure after 3 glasses of wine and 2 hours of research on Westlaw at 11:00 pm.
A 38 gives Spector a level III.
Level III is defined as: "Individual cells, fenced perimeters and armed coverage."
An example of a level III facility would be California State Prison, Corcoran.
http://www.cdcr.ca.gov/Visitors/Facilities/COR-Institution_Details-Level_III.html
Folsom and San Quentin are the maximum security institutions which house inmate with a score of 53 points or more. An inmate's point score is determined by the length of sentence; disciplinary record, escape record and whether married, working, a veteran, etc. At minimum, the cases are reviewed annually and most often twice a year.
The length of an inmate's prison commitment can be a major component of a high classification score, meaning that many inmates who are disciplinary free who have a high point score are classified as Level IV.
a. Classification System
All persons entering the CDC penal system are given a classification score which determines an inmate's security level. Based on this score, an inmate will be given a designation ranging from Level I-reserved for the lowest security risk prisoner-to Level IV-reserved for the highest security risk prisoner. The score is arrived at by tabulating points that are based on an array of objective factors which include, among other things, length of sentence, nature of the crime committed, criminal history, employment history, military service, marital status, age, prior escape attempts, and prior incarceration behavior. See Cal.Code of Regs., tit. 15, § 3375.3. FN182 An inmate's classification score can be subsequently adjusted based on an inmate's conduct and behavior in prison.
FN182. Prisoners with a score of 0 to 18 points are considered Level I minimum security inmates. Prisoners with point scores of 19 to 27 points are considered Level II, medium security inmates. Prisoners with point scores of 28 to 51 are considered Level III, higher security inmates, and prisoners with point scores of 52 and above are considered Level IV, maximum security prisoners. Cal.Code of Regs., Tit. 15, § 3375.1.
Level I “minimum security” prisoners are typically serving short terms for relatively minor felony offenses, including drunk driving, certain drug offenses, and minor property-related offenses. Level IV “maximum security” prisoners are typically more sophisticated and experienced offenders who have committed serious offenses and are serving longer sentences.
Part II, answer
Under California regulations, an inmate should normally be housed in a facility with a classification level that is commensurate with the inmate's score. However, there are certain “administrative determinants” which allow the CDC to confine inmates in a prison that is not commensurate with their classification point score. Id. at § 3375.2 One such administrative determinant is that “[a]n inmate with a felony hold, warrant, detainer, or the equivalent thereof filed with the department who is likely to receive a significant period of consecutive incarceration or be deported, shall not be housed in a Level I facility without perimeter gun towers.” Id. at § 3375.2(a)(4).
How the points are initially calculated:
15 CCR § 3375.3
Cal. Admin. Code tit. 15, § 3375.3
BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
TITLE 15. CRIME PREVENTION AND CORRECTIONS
DIVISION 3. ADULT INSTITUTIONS, PROGRAMS AND PAROLE
CHAPTER 1. RULES AND REGULATIONS OF ADULT OPERATIONS AND PROGRAMS
SUBCHAPTER 4. GENERAL INSTITUTION REGULATIONS
ARTICLE 10. CLASSIFICATION
This database is current through 5/22/09, Register 2009, No. 21
§ 3375.3. CDC Classification Score Sheet, CDC Form 839, Calculation.
The factors and related numerical weights used to determine an inmate's preliminary score are listed below. Box numbers appear to the right, but refer to the first box on the left of each field.
(a) Background factors (Boxes 30-46):
(1) AGE AT FIRST ARREST (Boxes 30-31).
(A) Calculate the inmate's age at first arrest based on the date of the inmate's first arrest. If there is no record of arrests prior to the commitment offense, use the date of arrest for the commitment offense as the date of the inmate's first arrest on CDC Form 839 (Rev. 12/02), CDC Classification Score Sheet.
(B) When the age of first arrest is determined, round down to the full year, and apply that information to the age at first arrest matrix on CDC Form 839.
(C) Enter the corresponding point value in boxes to the right.
(D) Enter all single digit numbers in the box to the far right.
(2) AGE AT RECEPTION (Box 32).
(A) When the inmate's age at reception is determined, round down to the full year, and apply that information to the Age at Reception matrix.
(B) Enter the corresponding point value in the box to the right.
(C) This is always a single digit value.
(3) CURRENT TERM OF INCARCERATION (Boxes 33-34):
(A) Length of term. Presentence and postsentence credits shall not be subtracted from length of term. A sentence of death or life without possibility of parole shall result in a maximum score of 50. For sentences of 25 years-to-life for murder, the base term is 25 years. For sentences under Penal Code section 667.7 with a term of life without parole for 20 years, the base term is 20 years. FOR ALL OTHER LIFE SENTENCES, THE BASE --TERM IS 15 YEARS. ANY ENHANCEMENTS OR DETERMINANT TERMS FOR OTHER COUNTS OR OFFENSES TO BE SERVED CONSECUTIVE TO A LIFE TERM SHALL BE ADDED TO THE BASE TERM BEFORE CALCULATION OF THE TERM SCORE. [BLOGONAUT NOTE—15+4=19]
(B) Enter term in whole years within the parentheses.
Part III answer
. Multiply the number of years by two (2).
2. Enter this value in Boxes 33-34. [NOTE—19 x2= 36]
3. Any single digit value is entered in the box to the far right.
4. If the score is more than 50, then 50 shall be used as the final term score.
(4) STREET GANG/DISRUPTIVE GROUP (Boxes 35-38). For the purpose of preliminary score evaluation, if there is information that the inmate is or has been involved in gang activity, enter 6 points in Box 35.
(A) Type of street gang/disruptive group code. Apply the code that most closely identifies the inmate's gang. Enter the appropriate alpha code in Boxes 36-37.
1. CR Crip street gang/disruptive group.
2. BL Blood street gang/disruptive group.
3. NH Northern Hispanic street gang/disruptive group.
4. SH Southern Hispanic street gang/disruptive group.
5. AS Asian street gang/disruptive group.
Part IV answer
6. BD Bulldogs street gang/disruptive group.
7. WH White supremacists, neo nazi, skinheads, etc., street gang/disruptive group.
8. BK Black street gang/disruptive group (not Crip nor Blood).
9. MC outlaw motorcycle clubs street gang/disruptive group.
10. OT other street gang/disruptive group not listed.
(B) Method of verification code (Box 38). Apply the code that is most indicative of gang activity. Enter the appropriate alpha code in Box 38:
part VI Answer
(5) MENTAL ILLNESS (Boxes 39-43).
(6) PRIOR SENTENCES (Box 44). Apply no more than one point.
(A) Jail or county juvenile sentence of 31+ days (Box 44).
1. Count any sentence of 31 days or more. Do not include suspended sentences.
2. Count any incarceration under a delinquency petition which involves a crime rather than "status offender" placements. For example "beyond parental control" should not be counted. Burglary, however, would be counted.
3. Count CDC placements for diagnostic evaluation pursuant Penal Code Section 1203.03 "Z" cases, followed by a grant of probation.
(7) PRIOR INCARCERATION(s) (Boxes 45-46)
(c) PRELIMINARY SCORE (Boxes 65-67).
(1) The inmate's preliminary score is entered in Boxes 65-67 and is the result of adding the total points derived from background factors in subsection (a) with the total points derived from prior incarceration behavior in subsection (b).
(2) Right-justify the total score.
(3) Computations, which result in a minus value, shall be entered as zero.
(d) Mandatory Minimum Score, Score Factors, and Score Factor Codes (Boxes 68- 70):
(1) A MANDATORY MINIMUM SCORE IS A SCORE THAT IS APPLIED TO AN INMATE WHO HAS A CASE FACTOR THAT REQUIRES THAT HE/SHE BE HOUSED NO LOWER THAN A SPECIFIC SECURITY LEVEL.
(2) A MANDATORY MINIMUM SCORE FACTOR IS A CASE FACTOR THAT REQUIRES THE APPLICATION OF A MANDATORY MINIMUM SCORE.
(3) A MANDATORY MINIMUM SCORE FACTOR CODE IS AN ALPHA CODE ASSOCIATED WITH A MANDATORY MINIMUM SCORE FACTOR.
A) If an inmate has a case factor that requires the application of a mandatory minimum score factor code, enter the code that applies in Box 68.
(B) If one or more mandatory minimum score factors are present, determine which of the factors is associated with the highest score and enter that code in Box 68.
(C) Enter the mandatory minimum score that corresponds to the selected code in Boxes 69-70.
(e) Placement Score (Boxes 71-73).
(1) If there are no case factors that require a mandatory minimum score, enter the preliminary score as the placement score.
(2) If a mandatory minimum score has been applied, and it is greater than the preliminary score, enter the mandatory minimum score as the placement score.
(3) If a mandatory minimum score has been applied, and it is less than the preliminary score, enter the preliminary score as the placement score.
(f) Classification Staff Representative Action (Boxes 95-159):
(1) The CSR determines appropriate housing in keeping with departmental needs, safety and security, the inmate's placement score and administrative determinants. The three-letter codes from section 3375.2 shall be used to indicate the administrative determinants.
(A) Up to five administrative determinants may be entered in Boxes 134-148.
1. Reason for any administrative or irregular placement (Boxes 157-159).
2. Entered only if the facility's security level where the inmate is placed is not consistent with his/her placement score.
(B) Enter one of the administrative determinant's three-letter code from section 3375.2.
(2) CSR approval of an administrative or irregular placement (administrative determinant) is valid only as long as the inmate's placement score remains within the same facility security level as when the approval was given.
Blogonaut,
Even though Phillip's score places him in a Level III prison, does the person making the final decision have the discretion of placing him in a lower level setting? Also, when the conviction is overturned and if it is sent back to LA County, will a different judge be assigned to the case or is there the possibility Fidler could hear Spector III? If this has been covered before, I apologize for the redundancy. Thanks.
1. I am not positive Spector is a level III because I have the administrative rule but not the score sheets; but I am fairly sure.
2. It appears from the regulations the level of the facility is based strictly on point score, but regarding the specific facility that he is sent to, It would appear that the Department of Corrections would make that call.
3. California Code of Civil Procedure Section 170.6 provides for an automatic procedure to disqualify one trial judge before the trial or hearing without cause. Subdivision (2) provides that the section resets after a reversal. “A motion under this paragraph may be made following reversal on appeal of a trial court's decision, or following reversal on appeal of a trial court's final judgment, if the trial judge in the prior
proceeding is assigned to conduct a new trial on the matter.”
Blogonaut,
Is the appeal limited to just this recent trial or is it permissible to address the first trial as well? Thanks.
The appeal is from the judgment of conviction.
The issues raised on appeal are not known or determined until the Appellant files his opening brief.
The opening brief must contain each separate point on appeal raised by the Appellant. Each point must be separately headed and supported by the facts from the record in the trial court (with a citation to the volume, page and line number in the transcript where each fact appears) and legal authority, all woven together in a distinct legal argument.
Blogonaut,
Would Phillip Spector have had a better chance of having his bail reinstated while his appeal is going forward if he had been convicted of manslaughter vs. second degree murder or would it had not made any difference? Thanks
Since the guidelines for evaluating a request for bail pending appeal require the court to consider the defendant’s motivation to flee—which is a function of the length of the sentence—probably—depending on if the manslaughter sentence was appreciably shorter that the 15 to life + enhancment given here.
This really is speculative, however.
Giving Phil Spector 19 years is not just tragic, it's downright unfair.
Even IF he commited this act, isn't it obvious that it was an accident? Should someone who has no criminal record receive a sentence like this even IF he commited the crime?
There are people who have commited crimes like this that have received 5 years in prison, and with time off for good behavior would be out on parole in 12 months. THAT"S the sentence Phil Spector should have received IF he commited this crime.
But in my opinion there's so many things that have interfered with the natural flow of justice that I do not see how he could have been convicted and I personally hope he wins on appeal and is a free man again.
Blogonaut, I watched a video interview of Mr Spector where he says he was offered an 8 year term in return for pleading guilty. A few questions if you don't mind.
A) what is the average amount of time served on such a sentence? In some areas of the country an 8 year sentence really means about 18 months ( max ) with time off for good behavior etc. What is it in California?
B) Was he really offered 8 years?
c) IF he was offered 8 years, isn't it likely that had he had the right attorney he could have negotiated that down to 5 years, in which case Mr. S could have been out in a year or less?
I realize this is pleading guilty and Mr Spector maintains his innocence. So pleading guilty no matter what the "deal" has to be extremely difficult to do, if you are truly innocent.
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