Judge Larry Paul Fidler declared a mistrial and scheduled the case to return next Wednesday for re-setting.

The case will be tried again. There is no way that the prosecution would dismiss a case that receive 10 votes for guilty.

When the case is retried the prosecution will most likely do two things differently … they will widen the latitude of their theory to include scenarios much like those the judge described in his modified instruction given after the initial 7-5 deadlock was announced… and, the prosecution will almost assuredly ask for lesser included instructions to increase the probability of a final conviction.

The defense on the other hand will continue to emphasis the crime scene evidence and perhaps modify their witness list to include some additional forensics experts and to exclude some of the witnesses that made a poor impression on the observing public.

The next trial can be expected to commence no sooner than a year from now.

Of course this new view of the jury instructions only developed after the jury announced that they were deadlocked 7-5.

Judge Fidler originally contemplated adding a lesser included manslaughter instruction but ultimately decided against doing so. Instead the judge crafted his own new instruction to replace the pin-point instruction in Defense Special Instruction #3.

The new instruction gives examples of how Spector may be found guilty of 2nd degree murder without the jury finding the prosecution’s version of the case to be true.

Most legal experts this modification of instructions is disastrous if deliberations result in a conviction.

Whether it is a mistrial or a reversal on appeal, the Phil Spector trial will most likely take all over again.

After five months of trial, 100’s of exhibits, scores of witnesses, and final arguments from prosecution and defense the jury will be asked to decide if Phil Spector is guilty of second degree murder.

Spector is charged with murder in the death of Lana Clarkson in February of 2003.

The prosecution argues that Phil Spector held a gun in Lana Clarkson’s mouth which he either intentionally discharged or accidentally discharged in conscious disregard for her life.

The most powerful prosecution evidence includes statements from women who have in the past been terrorized by Spector after an evening of excessive drinking and his statement “I think I killed somebody” … pretty powerful!

The defense argument focused on the crime scene evidence which showed that Spector had no gun shot residue, no blood spatter, and no tissue on his right arm and his torso where you expect to see such evidence if the prosecution scenario is accurate.

This case is a toss-up. It will be interesting to see how long it takes a jury to come to a conclusion … if they can.

Most probable outcome … Hung Jury!

Cutler has been absent from much of the trial testimony over the past two months and seemed to be less than effective when he was present.

The verdict in the Spector will turn on the crime scene evidence. Stunning developments in this area have taken place over the past two weeks.

Dr. Michael Baden introduced a new defense theory that Lana Clarkson may have lived a short time after the bullet was fired making possible the proposition that she expectorated blood on Spector's jacket.

The prosecution was taken by surprise by Baden's testimony. The court scolded Spector's defense team for failing to share this new theory with the prosecution before Baden testified.

In rebuttal prosecution offered the testimony of John Andrews a Forensic Neuropathologist who examined Clarkson's brain and spinal cord as a consultant to the L.A. County Coroner. He testified that Clarkson could not have breathed, coughed, spit or sneezed after she was shot.

Court watchers expect the trial to conclude within days. Closing arguments are scheduled for mid-September.

Pumpkin Pie testified that she was a close friend of Lana Clarkson. Ms. Pie testified that Clarkson was despondent, depressed and unhappy of her life circumstances around the time that she died at the Phil Spector residence. Her attire caused as much interest and comment as did her testimony.

Jody “Baby Doll” Gibson an alleged Madame, who was convicted in 2000 of pimping claimed that Lana Clarkson worked for her as a prostitute. Gibson was ordered not to make any comments in this regard while the Phil Spector is still being pending. The authority for the Judge to make such an order arises out of the fact that she is a potential witness in the case who may be called in the event that Phil Spector testifies.

James Pex, the retired director of the Oregon State Police Crime Lab is testifying as an expert witness on behalf of the defense. He has testified that the crime scene investigation was shoddy and that the manner in which luminol was used by the investigating agencies in this matter undermine the possibility of finding blood spatter. Pex testifies that the blood spatter could have flown the six feet that the defense alleges which would put Spector out of range to personally shoot Lana Clarkson.

The big issue now in the Phil Spector case is whether or not Spector will take the witness stand and testify in his own defense. Some argue his quirky personality could undermine his defense. Others argue that without his testimony his chances of an acquittal are improbable.

Dr. Pena rendered an opinion that the death of Lana Clarkson was a homicide not suicide. This opinion was based in part on interviews of her friends and statements attributed to Spector at the scene of the crime.

Today Prosecution and Defense argued over whether or not Lana Clarkson’s diary which included statements involving depression, unhappiness, and delusional conversations with the dead would be admissible and usable as a basis for cross examination of the doctor’s opinion.

In the meantime, D. Henry Lee has released a statement defending himself against attacks on his character and veracity. Lee says he is being slandered by attacks on his handling of evidence and he believes the motive is to undermine his upcoming testimony on behalf of the defense.

The trial is expected to continue through June and July.

Lee said his “reputation is severely damaged” and “I feel pretty upset.”

Driver, Adriano De Souza, testified before the jury that he heard Phil Spector say “I think I killed somebody.”

De Souza said he didn’t know what to do. He tried to run and then realized he had the car.

Ultimately, De Souza called the 911 Operator and said “I think my boss killed somebody.”

The turning point in this trial however, is the scientific evidence involving gun shot residue and blood spatter.

The prosecution wants the jury to believe that Phil Spector stuck a gun in Lana Clarkson’s mouth and killed her.

The defense counters with the GSR and blood spatter evidence arguing that Spector could not have been closer than 5 or 6 feet when the gun went off.

If the scientific evidence presented by the defense is believed by the jury the value of the prior conduct evidence is dramatically diminished to nothing other than “interesting information”.

Thursday, a law clerk and a lawyer who were previously employed by famed Southern California criminal defense attorney, Robert Shapiro, said that they saw Dr. Henry Lee pick up a finger nail size object at the scene.

The testimony at the hearing outside the jury’s presence seems to contradict Dr. Lee’s official report.

Prosecutors believe that what Dr. Lee seized was a fingernail which may tend to prove that there was a struggle before the shooting.

Dr. Lee is presently in china.

The Prosecution is expected to ask for severe sanctions against the defense if it shown that the lawyers and/or their agents purposely withheld evidence.

The lawyer that was being questioned on Thursday, Sara Caplan, said that she saw Dr. Lee pick up the item whatever it was and put it in a vial.

Lee has said in his official report that the only things he recovered were two white threads and some carpet fibers.

The hearing will continue on Monday.

On Tuesday, Court was adjourned because of the May 1st Immigrant’s March in downtown Los Angeles.

Yesterday, May 2nd and today May 3rd the Court heard pre-trial motions regarding an accusation that Spector’s defense team was hiding evidence obtained at the crime scene the day after the death of Lana Clarkson.

A former law clerk for famed defense attorney, Robert Shapiro accused Phil Spector’s defense team of hiding a piece of evidence found at the scene of the actress’s death.

In a special hearing, the former law clerk said that a group of defense attorneys and experts including renowned forensic scientists, Dr. Michael Baden and Dr. Henry Lee were at the pop music producer’s foyer the day after the shooting when a lawyer spotted a “quite small white object” that the police had overlooked in the carpet.

No tooth fragment was turned over to authorities as law requires, and the Coroner has said that all the victim's teeth were accounted for.

Spector’s defense team vigorously disputed the testimony of Gregory Diamond who now works as a writer and television producer. They suggested that he had concocted a lie to profit from the high profile trial.

In a brief appearance on the witness stand the pathologist insisted that the incident never occurred and said he did not even remember Diamond’s presence at Spector’s home. Baden who is married to one of Spector’s attorneys, Linda Kenney-Baden, said that he had never been accused of manipulating evidence in a crime scene in his 47 years of professional work.

Neither the jurors who are due back Monday, nor Phil Spector himself, were present during these two days of hearings.

In testimony late today, it appears that Dr. Henry Lee may have discovered the white object in question and did not turn that object over to the prosecution. If this is found to be true, some form of sanction could be imposed upon the defense.