The Darwin Exception

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

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CA vs. Spector – Top 10

Posted by thedarwinexception on September 23, 2007

 I was keeping track of this list all through the trial, really, all the things that made me laugh, made me sit up and take notice, and made me think “Wow! That was a moment!”  I probably didn’t get them all, so feel free to add your own favorite moments, because I’m sure I’ve forgotten some.

10. Dr. Baden’s “AHA!” moment: Yes, who could forget the moment that the inimitable Dr. Baden got up on the stand and played good clean up hitter for the defense team, which had certainly had it’s share of foul balls and errors. Baden is no stranger to the “I’ll cover this for you” school of experts, having previously testified in the Seymour Schuss case that the victim, who was struck in the head by the defendant, didn’t die from the stroke that he suffered after receiving the blow, but rather died from an aneurysm. Oh, and that case? Ended in a hung jury. Juror Barbara Fletcher-Murphy said that the jury could not agree on whether the stroke Rosenberg died from developed as a result of Schuss’s punch. “The sixth juror was just stuck on Dr. Baden’s testimony, and would not move from that.” So Baden has a little experience with coming up with malarkey theories on the stand, *and* in hanging juries with his theories. Coincidence? You decide. 

9. Bruce Cutler Quits on the Eve of Closing Arguments: Yes, after weeks of having to read the transcripts and catch up on Court TV while the trial proceeded without him as he spent his days taping his new reality/game show, Bruce Cutler deemed it the ultimate insult when Spector decided that he’d rather have someone who had actually been in the courtroom deliver the closing arguments than the mostly absent Cutler. And since Cutler had only cross examined one witness, Dianne Ogden, and had received reprimands from the judge for screaming and pointing his finger at her all throughout it, and had delivered a rambling disjointed opening statement after the prosecution “denuded” his original statement by not introducing Spector’s prior statements, well, you pretty much know that he’s probably going to be joining Robert Shapiro in that list of attorney’s Spector is suing to get his money back.

8. The Ego Deflation of Phil Spector: Phil just couldn’t catch a break in the ego department. First we had testimony of how Lana, upon first meeting him and not knowing him by either name or appearance, called him “Miss Spector”, then we had the testimony of Kathy Sullivan, who referred to Phil coming down the stairs with his shotgun and plaid jacket as “looking like Elmer Fudd.” To top that all off, we had the experts pointing out that that infamous white jacket Phil was wearing the night Lana died, the one that had the 18 blood spatters on the left hand panel, was actually a woman’s jacket, since the buttons were on the left hand side.

7. Lee Flees: Henry Lee’s character and professionalism was called into question by one of Spector’s former attorney’s, Sarah Caplan, and after Judge Fidler made a *finding of fact* that Lee was not credible in his testimony, and id, indeed, hide or destroy or otherwise interfere with the evidence in the case, Lee will never again be able to testify in any court of law without the other side immediately getting up to question his credibility with the words “Is it true, Dr. Lee, that in a case in California, it was found that you deliberately tampered with or otherwise mishandled evidence?” Lee decided that rather than face the inevitable and surely career destroying cross examination by Alan Jackson, that he would rather hop a slow boat to China and be “unavailable” to testify in court. Add him to the list of people Phil is going to sue to recover money from. Lee’s eventual unavailability impacted every subsequent stage of the trial, when the defense had to engage in a ever evolving theory that didn’t include Lee testifying about how the blood could have gotten across the room to end up on Spector’s jacket.

6. Phil’s Wigs: No overview of the trial would be complete without a mention of the hair of Spector. I think “Phil Wigs Out” would be a great title for a book on the trial. Despite the fact that Rachelle, his “paid to be his wife” companion, has asserted to several people that not only is Phil’s hair real, but that she herself styles it every day. And I don’t know which this is better proof of, the fact that Rachelle shouldn’t be allowed near anyone’s hair, or the fact that they have no fucking mirrors in the castle. Or maybe it best proves that they both have a skewed sense of reality.

5. Chelle’s Smackdown: And speaking of Chelle –  the “I get paid better the more I make a fool of myself” wife – she got herself a new Fall wardrobe when she had the fucking audacity to talk back to the judge when he told her to stop going on Court TV to ensure herself nice things from her “husband”. She had appeared on Jami Floyd’s show “The Best Defense” (because really, who else would give her a forum?) talking about how intelligent she was and how much she loved her husband, and how biased the judge was and how everyone just runs around thinking her husband is guilty, when, well, really he isn’t. And since Fidler managed to disprove her theory on how intelligent she really is when he told her to shut the fuck up and she kept on talking, one kind of wishes he would have just let her keep rattling on and see how many of her other theories she could have contradicted. She later sent a note to the judge that said “I’m sorry for pontificating in court and running my mouth all over town when I know that you said anyone involved in the case really shouldn’t, but, you know, I have no career, I have no job, I’m really *not* that intelligent, and you know, how else is a girl going to get a new car? What? I should go to work for Jodi BabyDoll Gibson?”

4. The Best Friends: Of course, the proof is in the pie, not the pudding, when it comes to the old adage “With friends like these, who needs enemies?” The one iconic image of the Phil Spector trial is going to be Pie, leaning slightly over the witness stand with her melons hanging out for all the world to see announcing to all assembled “It’s all about *ME*! Look at ME!” She and her memory, Jennifer Botox Hayes, both took the stand to testify that not only were they the closest things to friends that Lana ever had, they sat by and watched her spiral out of control, never bothering to lend a helping hand. Well, Botox-Hayes had an excuse, she had a new baby to make sure the nanny was taking care of –  as well as two teenage kids she was desperately trying to keep out of rehab, besides partying 6 out of 7 nights a week until dawn, and fielding phone calls at 4 in the morning when she wasn’t partying. I mean, you know, that had to like take up a bunch of her time. She couldn’t be bothered to take the time to throw a couple bucks to her bestest friend in the whole world. She had bigger fish to fry. Both of these people deserve each other. They are snakes, and I’m sure they would happily stab each other in the back for nothing more than a free cheeseburger from McDonald’s.

3. The Jury Hangs: Yes, it was really one of the best moments of the trial. Sure made me sit up and take notice. I expect this Fall to bring about a mid-season replacement show on the Fox network titled “Are You Smarter than a Spector Juror?” They will have a panel of 5 or 6 of them each week on a rotating basis, and ask questions of the general public like “Is the Earth Flat?” and then get the Spector jury to try to agree on an answer. Oh wait, they already have that show. It’s called “The View”. And how this Sherry chick didn’t make it onto the Spector jury is beyond me.

Has this woman never seen a fucking globe?? Has she never seen the Flintstones? “If my son Jeffrey asks if the world is flat, I guess we’ll have to go to the library.” Yeah, well why don’t you just drop him off at fucking preschool on the way to the library, and he can come home and tell you. I swear to fucking God, if this isn’t proof that the idiots fucking get through, nothing is.

2. “Don’t Go”: Alan Jackson’s closing statement, starting as it did with the evocative image of a dark parking lot, a Mercedes, and Phil and Lana talking before she gets into his car ranks up there with one of the most powerful arguments ever made to a jury. It sure was a sharp contrast to the later statement given by Linda Kenney Baden, reading from a binder and half heartedly trying to convince the jury that blood jumps around, GSR proves everything and that her relationship with one of the defense experts was nothing to worry about. Jackson is said to be known for his powerful closing statements, and it certainly makes me want to go out and buy his latest DVD of “All Time Favorite Courtroom Arguments”.

1. “If I did It”: I don’t know which was the more ignorant misstep on the part of the defense, playing Lana’s reel titled “Lana Unleashed” to show that she was too bad an actress to live or figuratively putting the gun in Phil’s hand to show that he doesn’t *always* shake, when he’s nice and comfortable, like when he’s holding a weapon, he calms right down and gets to business.





24 Responses to “CA vs. Spector – Top 10”

  1. frenchie said

    It cracked me up when during the 911 call when the driver was giving the operator Phil’s name and she kept thinking he was saying “seal inspector”!

  2. Sprocket said

    Bravo, Kim! Bravo! I’m kinda partial to #5, but maybe that’s just me.

  3. Meg said

    Love your top 10 Spector Trial Moments….

    Maybe want to include the defense calling Lana’s mother to the stand. Thia allowed a very sympathetic witness to put on the record the 7 pairs of shoes she bought at Ross Dress For Less for Lana the day before she was killed.

    Baby Doll Gibson’s appearance (outside of the jury’s presence)with her Travelocity gnome lawyer so she could be told by the Judge to shut the hell up. She was really scary looking & sleezy, which I am sure explains her chosen profession.

    Linda Kenney Baden’s illness at a very convenient time to allow her “Hired Gun For Hire” husband to testify about his sudden “aha” momment. Everytime I see him pontificating with Greta on Fox News I have to change the channel because he is such a liar I don’t believe anything he has to say.

    You did include my all-time favorite joke of the trial however – Punkin Pie with her flatjacks hanging out of her withered chest. I also enjoyed the discription of Jennier Botox Hayes with her hard non moving face full of botox and her wild white bleached mane of hay..

    I tivo The View and laughed hysterically when Sherrie Shepard didn’t seem to know that the world was round…. She later went on the next day and also on Jay Leno later to says she was really nervous to explain her idiocy.

    Hopefully when this trial finally ends, the LA County DA will retry Phil Spector so we can watch this circus all over again…..

    Your blog contributions are most appreciated. You bring this trial’s lunacy the reality we all need. May Lana’s family get the justice they deserve some day..

  4. Judy said

    When Sarah Caplan was being crossed by AJ and after much delay, made a small admission that she did see something white that Henry Lee picked up. I shot up in my chair and knew the game was on.

    Also when AJ was crossing DeMaio I think and he did the blood spatter deciding to jump from Lana’s lap across the room to the one small spot on Spector’s coat. Too funny, had to watch it over several times.

    And finally, just the hung jury – I still cannot believe it. Fully expecting to find out that Bruce Cutler really did earn his money and had something to do with it. One thing for sure, the defense’s jury consultant did a much better job than the states.

  5. SeniorMoments said

    What is so frustrating about all of these things is that we know them. We’ve all talked ad infinitem about the defense’s gross mistakes and the prosecution’s brilliance and yet, we still have a jury with no decision. How can such incompetence be rewarded?

  6. luvgabe said

    Wonderful, as usual, Kim. Hilarious. Brilliant! Many thanks 🙂

  7. Cacafuego said

    Re #8 The Ego Deflation of Spector: You forgot to mention the choice tidbit of information from Dianne Ogden that when Spctor attempted to rape her at gun point, he was unable to do so due to erectile dysfunction. So the guy is a wannabe-rapist. (Frankly, he’s lucky he’s not looking at felony murder charges–homicide during an attempted rape–which would put him on Death Row.)

    Oh, and Judge F doing the defense the great good favor of excluding “Raul Julia Levy”–the most blatantly obvivous liar in this fiasco–from getting on the stand and blowing their case out of the water during cross-examination.

    BTW: I propose from here on in we refer to Lana’s bestest backstabbing friend in the whole wide world as “Blumpkin Pie” (what I’ve been calling her for several weeks now). Google “blumpkin”, if don’t know the meaning already.

    Re Radar Entertainment, it should be noted that they are not associated with Radar Films (responsible for The Chronicles of Riddick, the remakes of Texas Chainsaw Massacre & Amityville Horror, Son of the Mask , and Waist Deep) nor are they related to Radar Pitcures (Zathura: A Space Game). Although, no doubt, they picked the name to confuse others familiar with these companies. (There is also a French production company called Radar as well)

    Hollywood is such a sleazy town.

  8. Numbers said

    Addition to #8: Adriano De Souza imitating Phil’s voice and sounding like he had just inhaled helium.

    No. 3a: “She looks peaceful.”
    “Doctor, she’s DEAD.”

  9. llylabrat said

    First, With all due respect re: the crusty, flaky Pie and her melons. I submit bananas maybe, or spaghetti squash, or maybe pickles.

    As for a defining moment, when Riordan came on the scene, he made a major difference in the defense. They went from smarmy buffoons to buffoons with a very annoying smart appellate attorney. He worried me when I could listen to him.

  10. LOL said

    One of the best moments.

    When Spector’s attorney Bradley Brunon told the Judge Fidler that he had his thumb on the scales of justice he was a brave man

    Bradley Brunon got shot down immediately of course by the Judge – because the Judge must rule like any judge would rule in Alice in Wonderland.

    Also because the circumstances are – that after the jury was hung – the judge began to re-shuffle and invent additional scenarios for the jury so that they may convict Spector

    I believe Bradley Brunon hit the nail on the head when he told Judge Larry Fidler that the Judge was pressing his thumb on the scales of justice.

  11. Jay said

    Kim, thank you for your continual input and updates. I, like you, remain shocked when I see where we are with this Jury right now. My guess is that tomorrow or the next day they will hang.
    If I could talk to the Jury I would ask:
    Do you really think that Dimaoi, Spitz, Baden were being open, honest and unbiased? Were they fully truthful?

    Were Pie and Hayes liars, or were they pushing their own agenda?

    The vast, vast majority of people clearly would say No to the experts and yes to Pie and Hayes as liars.

    With a straight face how can anyone say that with just two people in that home and one of them now dead that Phil, given his history, did not play a part in her death?

  12. Judy said

    I think it’s ironic that there have been those who think Judge Fidler has not been fair to the defense. The fact that the jury is hung right now shows that he did not do anything prejudicial in his rulings. He kept the defense from shooting themselves more in the foot than they did. The fact that he let in all the nonsense about Lana’s “depression” and the character assassination was a big gimme in my perspective. In fact, one of the reasons the jury is hung is because Judge Fidler let in the clause that placed an undue, unlawful burden on the prosecution. I think that with all our Court TV and CSI’s, people think the defense should be allowed to throw anything against the wall and see if it sticks. The defense thinks they can fabricate testimony, buy off witnesses and steal evidence, but the prosecution must lie down and take it. Judge Fidler can’t help the facts, but he can try to make sure the parties play by the rules.

  13. Sea said

    One of my favorite moments throughout the trial was watching R. Rosen flipping his tie whenever he was ticked off. Kept waiting for him to flip it so hard that he would fling himself backwards over the chair…

  14. Cher said

    Well Done as usual Kim!!
    One of my favorites…During the phone in by Riordan…the camera kept panning to the “phone” every time Riordan spoke. All that exposure may land that “phone” in an upcoming movie.

  15. Hank said

    That picture of Spector pointing his finger like a gun makes me think that Martin Short would be the perfect actor to play Spector in the inevitable television movie.

  16. Holy Toledo said

    Great “Letterman” takeoff. If the jury can’t reach a verdict today I’ll know for sure they are a bunch of duh’s.

    Ole Phil is a good psychological study though. It puzzles me why on one hand he seems to hate women but then he seeks them out for sex but he can’t perform and then he gets all frustrated. Why didn’t he just pay a hooker and get a blow job? I know I’m missing a few parts here but you can fill them in…..

  17. brdsnbs said

    Okay, I know it’s a little off subject BUT, this ‘shit for brains’ really has me shaking my head. Here’s the latest post on Team Spector’s page posted by the lovely Mrs. Spector.


    Sep 23 2007 10:06A

    I love Phil Spector——-!!!!
    The Evil Judge Should DIE!!!!


  18. Weirdsly said

    My favs – Phil sleeping through his murder trial. (Well, he’s OLD after all….)

    Chelle arguing with the judge.

    Michael Bay’s blog entry (now removed) where he gives his uncensored opinion of Pie.

    Oh, and how could we forget, (though I will keep trying) the part about the plucking of the notorious anal hairs.

    Keep up the good work, girl!


  19. Glenda said

    I love all of your list and agree completely. And many thanks to the posters for adding some more “moments to remember”.

    One of the lines that stuck with me from last weeks’ mess and morass was the judge asking the defense if they should take the hot tub out of the jury room.

  20. Karen said

    When Rosen had to tell each and every witness to “pull the microphone close” so we can hear you. Also, his idiotic jokes, not too mention the fact he seemed totally enamored with the one witness he had do the walking demonstration. Rosen seems very sleazy to me.

  21. Katprint said

    As a part B to your #1: The prosecution showing Phil Spector’s gun pose as background decoration during its closing arguments.

  22. Reese said

    Kim, I loved your top 10- I was recently banned from the Courttv Message Boards for speaking my mind and I know my comments were inappropriate but I have become so angry with this jury!!! I honestly believe that Phil Spector is guilty and I just cannot believe that the jurors can’t see what most of us seeing.

    Keep up the good work!!

  23. Kate said

    I would add the wisdom coming from the “I am an expert in all things unrelated to my specialty” DiMaio -there were several choice tidbits he offered. But my favorite was when he said that if Spector had “really” been holding the gun, he believed that Clarkson would likely have simply disarmed him -by wrenching the gun and breaking fingers. Even the jury laughed at him for that one.

  24. the one that had the 18 blood spatters on the left hand panel, was actually a woman’s jacket, since the buttons were on the left hand side.

    Kim…I’m thinking you need to sew up a new jacket for good old Phil…and then send him for a penile implant.

    GAG at Pie’s sagging bosoms!!! Maybe she can go to the cosmetic surgeon w/ Phil.

    Oh my…wonder if Sherry from the View knows anything about Christopher Columbus. Not likely!

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