The Darwin Exception

because it's not always survival of the fittest – sometimes the idiots get through

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CA vs. Spector – Judge Gags Rachelle – Grateful World Applauds

Posted by thedarwinexception on September 10, 2007

Court starts out today with the typical motions and pleadings – although today some of them are more interesting than usual.

The defense begins by asking the judge to allow them to reopen their closing statements. They say that the animations the prosecution used encompassed new theories by the prosecution – specifically, as to how the blood got on the back of the right sleeve of Spector. They would like an opportunity to rebut this new theory. They are also claiming that the prosecution animation flies in the face of the evidence that was never disputed that the wound was straight down the center of the mouth from front to back, angling slightly upward. The defense says that this is not the angle portrayed in the video.

Dixon speaks for the prosecution and tells the court that the animation does not inaccurately portray the bullet trajectory – the animation portrays this accurately. The animation shows that Spector is standing above her with her head leaning backwards. Dixon says this is not a new theory, that it’s a reasonable interpretation of the evidence. And Linda Kenney Baden was the one that told the jury that the prosecution could not explain the blood spatter evidence. In this animation they did. The defense had every opportunity to object to the animation when it was presented outside the presence of the jury, they said there was no problem.

Roger Rosen then explains that the defense team did not know the commentary that would be made while the animation was being played – the preview did not give the defense the whole picture.

Judge Fidler then says that it was made clear by the prosecution during the playing of the video that this was not evidence. He says that the defense had an opportunity to preview the animation, and therefore, the motion is denied.

Fidler then rules on the motion made by the prosecution for a special instruction regarding the statement Linda Kenney Baden made during her closings regarding the prior bad acts witnesses. Baden had said that the prosecution “picked” these women – including a felon. Jackson had a problem with that, since it was the court that picked these women as having admissible testimony from the 14 the state presented.

The judge says Baden’s statement was a violation, but not a flagrant one. He tells Jackson it’s not as bad as he thinks. He says that he is not going to draft a special instruction regarding this, that the state’s case does not rise and fall with these women. He doesn’t want to try and craft an instruction that could be dangerous at best.

The court then addresses another issue – that regarding outside of court statements and the publicity blitz the Spector’s seem to be on. The judge says “Last week, it was brought to my attention, and I talked to you in private and then I talked back on the record, about Mrs. Spector making comments to the press concerning her view of the case. Now I don’t care, you know everyone has a right to their opinion, and I don’t care, quite frankly, whether anyone likes me or doesn’t like me. If after 25 years of doing this, I’m going to worry about that, I’m in the wrong business.  But what I am concerned about is anything, if in my mind, is meant to influence this jury while they are deliberating, and that’s despite the fact that you make orders and you try to keep the jury away from any press, the reality is that there’s always the danger of it happening, and after investing, all of us, 5 months of our lives in this case, I am not going to have that happen. MAKE NO DOUBT about it.”

“So I talk to counsel, and they said Ok, they’ll talk to Mrs. Spector and see that nothing happens. What happens? And Mrs. Spector, I want you to hear EVERY COMMENT I make. You went out, and you sent emails to the press and you said “Look at my interview, it’s on my website.” Ma’am, I’m going to do something I’ve never done before, you are here in the courtroom, You will NOT talk to the press during the pendancy of this case until a verdict or other decision is arrived at in this case. If you do, you are in violation of my order, and you know what I do to people who violate my orders.

And you know, I have thought all along Mrs. Spector was a ninny. Today she proves me right. Instead of taking her cue from the admitted prostitute who was hauled before the judge to be reprimanded for making out of court statements, and shutting the fuck up, looking chastised and demure, what does Mrs. Child Bride Spector do? She ARGUES with the judge! The woman has got to be insane, and with all those lawyers sitting right there in front of her, you would think ONE of them would give her some FREE advice, just as a bonus for all the money her husband is paying them, and turn around and say “WOMAN, have you lost your fucking mind? This is the fucking judge! He can and will throw your bony ass in jail!”

No, she argues with the judge, snapping back at him even while he was talking to her! The first thing she said was “I’m Not a Witness!” ”

The judge then raises his voice right back to her and says “Ma’am, I don’t – You’re in front of me. I’m making an order. You want to violate my order? Go ahead and do so! I can assure you I will hold you in contempt of court for violating my order and I will treat it accordingly.”

And I have to give ole Plourd credit, because he turned around in his chair, slid it back to the railing separating the gallery from the defense side of the room, and actually tried to tell her to shut the fuck up. He did. He tried. Good for him. It didn’t actually *work*, because ninny Child Bride kept running her fucking stupid mouth like the spoiled little girl she is, but hey, he tried.

She yells back at the judge “Well, what about THEM? And that’s OK for Louis and all the other bad people to go out and say something nasty about him? It’s OK for THEM?”

And now Plourd is actually out of his chair and off camera, trying to stuff a fucking sock in her mouth probably, or maybe he’s leaning over asking Spector if he has a Colt Cobra on him. Rosen and Linda Kenney Baden never even look over their shoulders – they just shuffle papers in front of them like they are really, really busy. Alan Jackson though, is looking over at her like “What the fuck is up with this bitch?” I think he’s enjoying the whole thing, I really do.

The judge then raises his voice right back to her and says “Would you like to remain in the courtroom? I’m making an order, if you don’t want to follow it, that’s fine, you’ll suffer the consequences.”

Plourd is now over there telling her “Look, shut the fuck up, you stupid bitch.” And she says to Plourd “Well, he’s talking right to me!”

And the Judge, hearing her comment, says “That’s right, I am talking to you, and what you need to do is listen.”

And she says “And I’m not allowed to respond?”

To which the judge tells her, “Oh, I’ll give you a chance to respond, I am telling you, you are going to do nothing to affect this trial. If you do, there will be consequences, and you will suffer the consequences,. It’s that simple. You are ordered not to discuss this case until a verdict is arrived at or some other decision in this case, at which time you may say anything you wish. But until then, you are not going to do it. Do you understand?”

Child Bride answers with a petulant “Yes.”

“You violate the order, be prepared for the consequences that follow.”

The judge then asks Linda Kenney Baden about the “so called” interview her client says he did not give. Which he did give, and has been giving all along. They are just pissed that statements came out about the jury. The article appeared in the “Mail on Sunday”, a tabloid style newspaper in England. Spector has been interviewing with the author of the article, Vikram Jayanti, for the last five months, and the interview will be compiled into a BBC special this Fall titled “Arena – The Agony and The Ecstasy Of Phil Spector”. So I have no doubt that Spector says *something* to Jayanti, and he probably *did* say the disparaging comments about the court, I mean, his own wife was on Jami Floyd’s show spouting pretty much the same thing. Is Spector trying to hold out that *she* thinks that, but he doesn’t?  That’s just kind of fucking silly – we pretty much know she isn’t going to have an independent thought in her head that he doesn’t approve of first.

So the article from the Mail on Sunday was quoted in the Kahleej Times and in this aricle, Spector is quoted as saying “The judge doesn’t like me”, that his fate is in the hands of 12 people who “Voted for George Bush”, which is silly because, really, how would he know that? It wasn’t asked on the questionnaire who they voted for, and Spector is quoted as saying  he was being “hounded” by people who wanted ”to destroy memories of people who live in the hearts and minds of people”. I don’t know who the hell he’s referring to there – I’m sure it wasn’t Lana Clarkson.

But Linda Kenney Baden stands up and says that Spector absolutely did not make these statements, that they were planted to make the jury think that Spector doesn’t like them or trust them, that he certainly trusts this jury and that they would like the panel to be voir dired to make sure they didn’t see this article or anything about the interview.

The judge says he is not going to make a finding as to whether or not Spector made the statements, that he doesn’t care what is said about him, but that anyone who would make disparaging comments about the jury that holds his fate in their hands is absolutely stupid and hasn’t thought about it, and that he will poll the jury to make sure none of them accidentally saw anything about this.

He also extends his gag order to Spector himself, and the Clarkson family, although he makes it clear that the Clarkson’s haven’t been guilty of making any kind of statements at all. He also tells the Spector’s that this order extends to “surrogates that are sent to make statements on your behalf”.

The judge and attorneys then do some housecleaning on the jury instructions, correcting grammatical errors, mostly, and then the judge instructs the jury, sticking really close to what we discussed earlier Here. After the jury is charged, the judge asks if any of them have seen any press releases or reports that might interfere with their duties, and no one responds, which seems to satisfy the judge. The bailiff is then sworn to secure the jury and the judge tells them to go deliberate.

After the jury leaves, there are more housekeeping issues on the instructions, and they hammer out things like how much time everyone will be given to get back to court when there is a verdict (one hour), and whether or not everyone needs to be in the courtroom for questions and read backs (they will take it on a question by question basis, with re-reads being done in open court).

So, now it’s all over but the waiting. I wish I had the super power of invisibility, because how much would you love to be able to be in *that* little room right now?


17 Responses to “CA vs. Spector – Judge Gags Rachelle – Grateful World Applauds”

  1. Holy Toledo said

    Oh Sweet Jesus, you answered my prayer. Rachelle got her come-uppance and the world applauded. There IS justice in the courtroom. I guess living in a castle with the Prince of Darkness gives one a little too much confidence. And Jami Floyd….oh for God’s sake, it was just as I expected.

    Nice recap, Kim.

  2. Carolina said

    Hi Kim,

    Can you believe the arrogance of this dumb bitch..I wish the judge HAD thrown her ass in jail just so we would not have to see her trotting along beside Phil looking like dressed up trash. Now we just have to hurry up and wait.

    Here is a hilarious site to visit while you are waiting:

    Maybe Phil and dumb bitch will be there soon!

  3. barskin said

    Oh…my…God….Judge Fidler berated poor little Rachelle!!

    A concerned nation reacts!

  4. Weirdsly said

    Hey Kim – I’m gonna miss your great writing about this when wee Philly is in the Big House.

    Wow, what a spoiled stupid little toad Rachelle is. The good news is that when Phil goes away she will too. She just isn’t that interesting.

    And if Phil thinks all those rather “ethnic-looking” people on the jury voted for Bush – including several County employees who overwhelmingly vote Democratic, he must have been attending some other trial. But, hey – piss off the judge and the jury – good plan.

    I’m thinking the jury will be back on Wednesday before the High Holy Days begin – we’ll see!

  5. Glenda said

    And the wait begins. . .

  6. Debi said

    Kim – I’ve been a faithful reader since long before the trial, and your blog never fails to make me laugh. Regardless of how this turns out (PLEASEPLEASEPLEASE let it be guilty) just wanted to say THANK YOU for keeping us all glued to our computers. (not to mention the legal education)

  7. groo said

    “…or maybe he’s leaning over asking Spector if he has a Colt Cobra on him.


  8. Katprint said

    I wonder if Judge Fidler knows or cares that Rachelle the Silly Child Bride (I personally much preferred the book/movie The Princess Bride to this little drama queen) has not taken the interview off her website?

  9. Robin said

    You have such a way with words. I am going to miss your views of the Spectors when they are gone.

  10. skweekie said

    The Nobel Prize for Science 2007 goes to Kim for today finding indisputable proof for her evolutionary theory that “sometimes the idiots get through.”

    Kim, when you give your acceptance speech, don’t forget to thank Rachelle, without whose truly universal and monumental idiocy, none of this would have been possible.

  11. Helene said

    Dear Kim,

    Thank you thank you thank you!!

    I was a ttiny disappointed when myhero JF did not throw her out of the Courtroom – but reading this now has made my evening.


  12. Sprocket said

    According to the reporters I was sitting near, Vikram Jayanti, was in the courtroom sitting over on the defense side. At least, that’s what they said. I don’t know what he looks like, so I don’t know if he was there. If he was over there, I didn’t notice him. Michael Baden’s brother was sitting on the defense side today, (he sort of looks like Santa Claus with a long scragly ponytail) along with Tawni Tyndal and Rosen’s girlfriend.

    Plourd was making hand movements, trying to get her to shut the f-up, but just like the energizer bunny, she just kept going and going and going. I really was hoping he would kick her cheap ass out of court. That would have been poetic justice.

    When court was almost finished, Rachelle sent up to the Judge through her attorneys a written apology. It took a while, but I think it finally dawned on her that she could be thrown in jail, lol. She’s not the brightest reject from the trailer park.

  13. abbi_normal said

    I just LOVE your blog. I wish I had known about it a long time ago. I admire your down-to-earth descriptions of the participants in this splectacular-splurcus.


  14. Palomine said

    I bought the newspaper article, fasinating stuff! Can hardly wait to see the documentary.

  15. Arm's Length said

    WHEN THE jury went out to deliberate this morning their affect was calm.
    Very very calm.

    This afternoon, they asked to see the gun. After they returned the gun to Wendy, the judge’s clerk, she walked through the courtroom holding a box, and said “the jury wanted to see the gun, so I took them the gun.”

    They left right at 4:00 and will return Tuesday at 9:30. We’ve got no word on the selection of the foreperson.

    Vikram, the BBC producer has been in court for quite a bit of the defense case. Phil loves him and sometimes gives him kisses hello etc.
    He’s pushing it with this article, and there is no fucking way the jury is loaded with Bush supporters. Methinks Vikram is stoking the fire.

  16. shell said

    Kim – You have an amazing gift!

    Sprocket, I’m thrilled that you were in court today! It was poetic justice for that streak of providence. The mentally defective Bride of Chuckie is in for a rude awakening. I hope today is D-Day for Elmer Fudd.

  17. A.D.A. said

    Sprocket, appreciate seeing your report about the courtroom today.

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