Judge Fidler, after listening to debate from both the prosecution and defense concerning the possibility of introducing a reduced charge of involuntary manslaughter decided to stick to his original decision. As such, the jury remains deadlocked, 7-5, on the second-degree murder charge.
Fidler's decision was actually very fair. He explained why he reconsidered introducing the lesser charge of involuntary manslaughter to the jury, saying:
In essence, [it would be] saying to them in my mind, 'If you can’t find him guilty on what you have, try this.' I have a problem with that, and I believe the Supreme Court and the Court of Appeals would have a problem with that.
He noted that some jurors would "take the addition of manslaughter to the jury sheet as a command from the judge to convict." Which is what I said yesterday; adding another option, the lesser charge, this late in the game absolutely made it sound like he was desperate for a conviction. The judge noted, however, that it wasn't the words, so much as the timing, that he was concerned about.
This may be the most fair ruling Judge Fidler has made in the entire case, and it does appear as if it's a ruling that somewhat favors Phil Spector, though nobody knows whether the majority of the 7-5 deadlocked jury believes the producer is guilty or not.
The jury was instructed on some specifics within the deliberation instructions, but as of this writing, still remains deadlocked, with the producer's future in their hands behind closed doors.
