Phil Spector secret evidence?

[MikeHunt]

Friday, February 13

Phil Spector's Lawyers Says They Are Not Obligated to Turn Over Mystery Evidence in Shooting

By Linda Deutsch The Associated Press

Published: Feb 13, 2004

LOS ANGELES (AP) - Phil Spector's lawyers said Friday they have no obligation to share with the prosecution a piece of evidence discovered after sheriff's detectives left the music producer's mansion after investigating the fatal shooting of an actress.

The Associated Press, meanwhile, learned that the evidence which the defense found remains a mystery even though documents filed earlier by the prosecution suggested it was a piece of the victim's fingernail stained with gunshot residue.

Sources close to the case who spoke on condition of anonymity said the victim, Lana Clarkson, had acrylic fingernails and several pieces of them were broken off. But they said that was not the evidence in possession of the defense.

Attorney Leslie Abramson declined comment on what evidence the defense may have.

Abramson and attorney Marcia Morrissey, in the first motion filed since they took over the case, asked to throw out a subpoena for Robert Shapiro, the lawyer who was said to have been in possession of the evidence missed by law enforcement investigators during their search. Shapiro recently stepped out of the case, but prosecutors subpoenaed him to appear at a hearing Tuesday.

"Mr. Spector has no obligation to share with the prosecution the results of his investigation," said the defense motion. "On the contrary, counsel have the obligation not to disclose the results of their investigation unless and until there is a determination to present the evidence at trial."

Spector, 62, is charged with the murder of Clarkson, who was found shot to death in the foyer of his home a year ago.

The record producer remains free on $1 million bail. He has told Esquire Magazine that he is innocent and suggested the actress shot herself.

The defense motion included a list of 193 law enforcement personnel who were at the scene of the shooting, many of them investigators who searched the premises.

"There was nothing done by the defense that interfered with the state's opportunity to collect evidence during the 38 hours they remained in Mr. Spector's residence," the lawyers said.

After authorities left, the defense brought in its own investigators.

AP-ES-02-13-04 2010EST