After considering a petition from the defense, Judge Fidler ruled that the jury could only find Phil Spector guilty of a second-degree murder charge when they head off to deliberate.
Both the prosecution and the defense agreed the lesser charge of manslaughter would be inappropriate in this case.
As such, this leaves the jury with a very black-and-white case; second-degree murder or acquittal. While this sounds like it may be a good thing for Spector, California code is very specific about implied malice in their penal codes.
Court TV explains:
California criminal code holds that the malice necessary for a second-degree murder conviction is implied “when the circumstances attending the killing show an abandoned and malignant heart.” The jury will be instructed that if Spector was engaged in behavior that showed a “conscious disregard for human life” when the gun discharged, they must find him guilty of murder.
It ultimately comes down to whether or not the jury was adequately convinced Clarkson killed herself, as the defense claimed. If they did, Spector will be a free man. And if they didn't, even if the gun discharged by accident, he will be a murderer.
At this point, it is expected that the jury will head into deliberations on or about September 7th.
I'm starting to feel really bad for Phil Spector, especially given how poor his legal team was at calling witnesses, pushing evidence through, and ensuring a fair trial. Between that and the head of his team quitting.... what a mess.
