Jury moved from 7-5 to 10-2 as new trial prepped

By Stacey Silberman

HOLLYWOOD, CA (Hollywood Today) 9/26/07 – One hung juror is the next best thing to an acquittal, runs the old legal chestnut. Jurors deliberating the fate of 67-year old Phil Spector had two jurors who could not reach agreement as to guilt or innocence, resulting in a hung jury.

And a hung jury is a mistrial. A re-trial is expected. Further proceedings will occur on Thursday morning at 10 am.

The last time jurors gave the judge notice of an impasse the split was 7 to 5, which spurned the judge’s withdrawal of instruction number three and the addition of a newly written instruction by the judge.

Los Angeles Superior Court Judge Larry Paul Fidler had adamantly refused to declare a hung jury last week after the first impasse was reported by the jury foreman.

The defense as they won, at least this round.

Jurors had deliberated for more than 45 hours trying to agree on a complex case made more so by mountains of scientific evidence laid out by the defense.

Prosecutors laid out possible scenarios for how Clarkson was killed, trying to prove that Spector, accidentally killed her. According to testimony from five women, Spector was described as a gun-wiedling Jekyl & Hyde.

Adding some unexpected excitement for trial watchers yesterday, authorities said Tuesday they were investigating a possible threat to the trial judge posted on the Internet site MySpace.

The posting, seen my many on the “Team Spector” MySpace page, stated “I love Phil Spector” and “The Evil Judge should Die!!!.” Sheriff’s investigators are looking into the threatening message, which was signed “xoxo Chelle,” said Superior Court spokesman Allan Parachini.

The posting was immediately removed after Los Angeles County Sheriff notification, said Parachini.

Spector’s wife and avid defender of her husband’s innocence, is named Rachelle and is also known to use Chelle as a nickname, according to reports.

Defense attorney Christopher Plourd, said Mrs. Spector denies having anything to do with the posting.

Jurors had to decipher extensive evidence from both sides. The prosecution asserted that Spector may have accidentally killed Clarkson while brandishing a gun at her, while she attempted to leave his home. The defense alleged that a depressed Clarkson may have commit suicide, after recently realizing her acting career was over.

Spector has been on trial for almost six-months in a trial that has produced upwards of 500 pieces of evidence and 75-witnesses to determine who killed Lana on the early morning of February 3, 2003.

Spector was accused of second degree murder in the killing of 40-year old actress Lana Clarkson on the early morning of February 3, 2003, at his Alhambra castle.