He hit me and it felt like a kiss

Yes, after a week went by, I knew. I grit my teeth; I cursed. I bayed at the moon. But I knew. And today, we found out for sure. The jury in the Phil Spector murder trial is at an impasse:

Jurors deadlocked in Phil Spector murder trial

LOS ANGELES (AFP) — Jurors in the murder trial of legendary music producer Phil Spector said Tuesday they were deadlocked, raising the possibility of a mistrial after a five-month-long court-room battle.

In a dramatic development at a packed Los Angeles Superior Court, jurors mulling murder charges against Spector said that after four ballots they were split 7-5, with no prospect of a breakthrough.

"At this time we don't believe that anything else will change the positions of the jurors based on the facts of the case," the jury foreman told Judge Larry Paul Fidler on the seventh day of deliberations.

Fidler later dismissed the jury for the day. They will return on Wednesday at 10:00 am after three members of the nine-man three-woman panel requested further instructions.

One woman juror said she wanted clarification on the difference between "doubt" and "reasonable doubt," although Fidler said later he doubted further instruction would help.

In a surprise development, Fidler said jurors may be asked to consider convicting Spector on involuntary manslaughter charges. He had earlier ruled that jurors would only be able to consider a second degree murder charge.

Fidler also dismissed a defense motion for the case to be declared a mistrial.

Spector, 67, who pioneered the "Wall of Sound" recording technique during the 1960s and is regarded as one of the most influential figures in rock-pop music history, is accused of gunning down B-movie actress Lana Clarkson at his castle-like home in February 2003.

Prosecutors allege that the reclusive Spector shot Clarkson in the head as she attempted to leave his home after meeting him for the first time only a few hours before in the Hollywood nightclub where she worked.

District attorney Alan Jackson said during the trial Spector had a "rich history of violence" against women, often flying into drunken, gun-toting rages whenever they tried to leave his company.

No fewer than five women acquaintances of Spector testified that the genius behind 1960s hits such as "Da Doo Ron Ron" and "You've Lost That Loving Feeling" threatened them with guns in incidents dating back to the 1970s.

Spector's former chauffeur also provided damaging evidence, telling jurors that on the night of the shooting his employer had emerged from a doorway clutching a pistol in a bloodied hand to say: "I think I killed somebody."

Defense lawyers argued however that Clarkson, famous for her role in Roger Corman's 1985 cult classic "The Barbarian Queen" but whose career had stalled at the time of her death, killed herself.

Kim at The Darwin Exception asks:

Well, we were kind of expecting this at this point, weren’t we?

Yes, I suppose so, but I am nonetheless sick over it.

Kim continues:

The judge says that he has been reviewing case law, and despite both sides agreement that this is an all or nothing case, he has found case law to support the fact that the judge has a sua sponte responsibility to instruct on manslaughter. He gives the attorneys the specific case cite “People Vs. Lee” 20 Cal 4th 47,and says that if the attorneys can’t convince him that he doesn’t have this sua sponte responsibility, then he will re-open arguments and instruct the jury on this charge.

The Lee case is a case wherein a husband shot his wife, and forensic examination showed it was a contact wound to the head, but no one witnessed the shooting. This case held that brandishing the weapon was an included and lesser offense, and that the judge had a sua sponte responsibility to instruct on the lesser.

The judge says that he wants both sides to look at this case and argue to him why or why not the judge should have a responsibility to re-open the case for argument wherein each side will argue the manslaughter charge to the jury. Voluntary manslaughter is “in the heat of the moment” or “in the heat of passion:” - that doesn’t fit this case at all. Involuntary manslaughter is killing without intent or malice - which, while both sides agreed that this didn’t apply, the judge is now reconsidering. Involuntary Manslaughter in California carries anywhere from a 3 -6 year sentence, and then there is the gun enhancement in this case, which would be additional time.

And then we get to the heart of so many jury problems these days:

[Juror] #9 says that it would be nice to know the difference between reasonable doubt and just doubt.

I am tempted to say: it is the difference between being an idiot, or not.

Is it really true, then, that in America, justice can be bought? Or at least postponed.

Mood: glum.

I met him on a Monday and my heart stood still...

Left: Phil Spector and his attorney, Linda Kenney Baden. Photo from Reuters.

Some wit over on Darwin Exception quoted Robert Duvall in APOCALYPSE NOW: You know, some day this trial is gonna end.

Since Wednesday, I've been listening to streaming videos of the closing arguments because I started flipping out every time COURT TV cut to a commercial: Don't interrupt Alan Jackson! (((shrieks!)))

And that's how you know you're an addict: GIVE ME MY CLOSING ARGUMENTS, NOW!!!!! (roller-derby blocking-elbow to anyone who tries to take the remote from me)

I start shaking and getting weak when I don't get my closing arguments.

Anyway, here is our hero Alan Jackson, courtesy of the redoubtable Kim, at the aforementioned Darwin Exception; she wonderfully titled her post He had me at "Don't Go!":

"Five months ago, you didn’t know the real Phil Spector - but things have changed. Now that you know who he is and what he is and what he does, and his violent history with women and guns, now that you know all this, let’s go back, outside of this courtroom, let’s move out to the parking lot, the parking lot adjacent to the House of Blues, the one you’ve seen so many photographs of, this parking lot. It’s February 3, 2003, it’s late at night, actually it’s early in the morning, it’s dark out.. The lot’s beginning to empty. Go with me to that location, mentally take yourselves with me to that location. The lot’s not full, the valets are starting to clean up for the night. And you see over towards the side a big shiny black Mercedes, and as you look to your left standing in that parking lot, you see Philip Spector emerge from the House of Blues, he’s wearing all black except for a big white jacket, it’s oversized, a little too big for him, too big on the shoulders, too long, sleeves too baggy, and he steps out of the House of Blues accompanied by a tall beautiful blonde with blonde ringlets. She’s taller than he is and she’s wearing an above the knee slip dress, a black jacket and she has a leopard skin purse slung over her right shoulder. As you stand in that parking lot think about where you are and what you’re seeing. As you stand in the parking lot you begin to hear them talk and you overhear their conversation, you can hear as Phil Spector begins to insist that Lana Clarkson come back to his castle. He tries to coax her back to the location. And you listen as she constantly says “no, thank you, no, I can’t go, I’ve got to work tomorrow, no thank you, but I can’t join you Mr. Spector” And you listen as he continues to try to lure her back to his castle. Back to the Alhambra castle. “Come back to my castle and see my castle.” And then, just then, you think you hear in her voice a little crack - she may begin to relent, she may actually accept his offer. You’re standing in that parking lot and you’re watching this conversation. Let me ask you a question. If you could say but one thing to Lana Clarkson right then, standing at the back of that Mercedes, in that parking lot, just one thing, you can say but one thing to her, one sentence, one phrase, even two little words, even if you had to whisper it, what would you say? Had I asked you that question 5 months ago, when you first walked into this courtroom, you couldn’t answer it, you’d shrug, and you’d say “I don’t know what I’d say to her”. But now that you know the real Phil Spector, now that you know who he is, and what he is, and what he does, what would you say? Even if you had to whisper it so he couldn’t hear, all of you, all 17 of you are thinking the same thing, you’d lean over and you’d whisper “don’t go”. Don’t go. You’d simply say “Lana, Don’t Go.” And the reason every one in this jury box thought the same thing, maybe the words a little bit different, but the thought was the same. The reason that you would say that is because you know something she didn’t know. You know the real Phil Spector. And if you thought to yourself “I’d tell her not to go” it’s because you know in your heart of hearts, after hearing all of this evidence, you know in your heart of hearts, he’s responsible for her death. He killed her."

And with that powerful little scenario we begin closing arguments.

Frankly, I think Alan Jackson could have sat down after that little speech. He had them at “Don’t Go.” Or at least he had me. I swear to God I got cold chills up and down my spine and my eyes welled up with tears when Jackson leaned over the jury box, put his hands up against his mouth and whispered “Don’t Go” - even though I was shouting at him the same two words two sentences before he got there.

Sure, there was more powerful argument later - the big red “X’s” he squeakily put through each item in the chart of “10 Reasons Science will Prove Lana Was Holding The Gun” Linda Kenney Baden had outlined in her opening statement, the picture flashed on the ELMO of Phil Spector standing pointing his finger like a gun with the words imposed in red underneath “I Think I Killed Somebody” (which Jackson opined could have been more frankly spoken as “I think I FINALLY killed somebody”), and the slap in the face to the entire defense team when he ended with the montage from “Lana Unleashed” of the Steely Dan song “Peg” playing “So won’t you smile for the camera, you know I love you better….” as Lana in her different costumes, roles and skits from the reel flashed on the screen, all with her brilliant smile and bright sparkling eyes. “That” Jackson told the jurors, “That was the real Lana Clarkson”. As opposed to what Jackson called the “Defense of Desperation” we had seen for the last four months, and the second murder of Lana Clarkson.

Lana's mother cried during the closing arguments. :(

I will NOT be quoting Linda Kenney-Baden's defense closing on behalf of Phil Spector. You will have to go to misogynist, evil, pro-Phil blogs for that. Or you can check out Kim's account, always readable, accurate, detailed, and thoroughly fun.

And now, we wait, with fingers crossed.

You know, someday this trial's gonna end.

The Botoxing of America's Older Women

Watching Laura Linney in BREACH the other night, I wondered how someone could become so suspicious and agitated, while never actually frowning or even appearing particularly pensive. Then it occurred to me: this is yet another example of the rampant mass-botoxing of America's older women. The utter lack of facial expression due to botox injections. This is not the freaked-out Laura Linney of MOTHMAN PROPHECIES or the angry-lawyer Laura Linney of PRIMAL FEAR. This is neutralized Laura Linney, middle-aged botox recipient.

Another middle-aged woman, rendered placid and blank. She can join the army of older women lawyer-commentators on COURT TV, as well as Holly Hunter, looking all wide-eyed and unemotional in the advertisements for her new TV show.

This chemically-induced placid expression on the faces of middle-aged women is now all over TV and movies. Older women can no longer frown in skepticism, suspicion, disapproval, or even in deep thought. And it is at precisely this stage of our lives that we are finally unafraid of registering these emotions, and feel we have earned the right to analyze and to draw our own conclusions. But those wrinkles, those frown lines, those lines that signal THINKING, are being paralyzed with botulism toxin, an actual poison.

Women's intellectual process and deep thinking, as well as any contrary emotions are simply unacceptable, particularly from older women who have been around long enough to know the score. Any sign of this must be exterminated, at least in our common culture.

At present, I am watching the Phil Spector murder trial on COURT TV, as Linda Kenney Baden, botoxed Hollywood defense lawyer, cross-examines middle-aged, un-botoxed civil servant Dr. Lynne Herold, criminalist. Baden looks unruffled and cool, her unlined and blank face like a department-store mannequin's, while Herold unavoidably looks aggravated (in comparison), as she furrows her menopausal brow, trying to think, remember and correctly answer a barrage of scientific questions. Will the jury think the prettier person with the unlined and unemotional face is the one to trust? Obviously, this is the intention of the Spector-defense team.

Middle-aged women who show emotion are being systematically censored from our public media-consciousness, just as we reach that age in which we are finally able to show our emotions without fear of censure.