Thursday, April 28, 2011

Phil Spector's Wall Remains Unbreached -- Mick Brown's Slanderous Book Fails Miserably

Phil Spector's wall remains unbreached

BOOK REVIEW

Tearing Down the Wall of Sound The Rise and Fall of Phil Spector Mick Brown Alfred A. Knopf: 454 pp., $26.95

June 12, 2007|Robert Hilburn | Special to The Times

EVEN before that horrifying predawn moment four years ago in his Alhambra castle, Phil Spector was widely viewed in the music industry as something of a freak show.

Lana Clarkson's death was, in many ways, the tragic public climax of years of wildly eccentric, sometimes alarming behavior by the man who produced landmark recordings by John Lennon, the Righteous Brothers and the Ronettes.

During a series of all-night conversations I had with Spector in the '70s and in the early '90s, the man Tom Wolfe dubbed the "first tycoon of teen" spoke often about Lenny Bruce, his friend and hero whose savage social commentary helped redefine comedy in America. What haunted Spector was that this "brilliant man" would be most remembered as a junkie who died on a bathroom floor with a hypodermic needle stuck in his arm.

Now, regardless of the verdict in the trial over Clarkson's murder, Spector faces a similar, scandal-driven legacy, one forever linked to the morning of Feb. 3, 2003, when a gun was placed in Clarkson's mouth and the trigger was pulled.

In his new book, "Tearing Down the Wall of Sound," British journalist Mick Brown chronicles the rise and fall of Spector. Not surprisingly, most of this well-researched but disappointingly timid volume deals with the painful descent of this breathtakingly original music man.

For the book, Brown interviewed more than 100 people, including Spector in a doozy of an encounter just weeks before Clarkson's death. In their four-hour session at the Alhambra house, the author confronted Spector about the rumors of personal problems, including the possessiveness, paranoia and periods of excessive drinking.

Spector replied that he had not been well for years. "I was crippled inside. Emotionally," he told Brown. "Insane is a hard word.... I take medication for schizophrenia, but I wouldn't say I'm schizophrenic. But I have a bipolar personality.... I have devils inside that fight me. And I'm my own worst enemy."

The words were striking enough when they appeared in Brown's profile of the producer for London's Daily Telegraph magazine on Feb. 1, 2003. They became even more riveting just days later when the gun went off in Spector's house. Brown devotes a chapter near the end of the book to that interview, yet the heart of his work rests with what other people told him.

Things didn't start off well for Harvey Philip Spector, who was born the day after Christmas in 1939 in the Bronx. He was still in grade school when his father committed suicide, leaving Spector's mother with such a deep sense of family shame that she moved with Phil and his sister, Shirley, to Los Angeles.

The teenage Spector, who was also traumatized by his father's death, found it difficult to make friends at Fairfax High School. Discovering joy in music, he plotted a career in the record business, first as an artist and songwriter, but eventually as a producer. His first hit with a trio called the Teddy Bears came the summer after graduation. Spector adapted the title of the light 1958 pop ballad from the epitaph on his father's tombstone: "To Know Him Is to Love Him."

Massively ambitious, Spector launched his own label, Philles, in 1961, and although the hits carried the names of such artists as the Crystals and the Ronettes, the star of those records was Spector himself.

His R&B-flavored pop singles, including "He's a Rebel" and "Da Doo Ron Ron," were built around a sweeping, even audacious vision -- tales about youthful desires and doubts so overflowing with emotion that it took an army of musicians to capture all the passion. It was dubbed Spector's "Wall of Sound." Indeed, few records in pop history have conveyed the exhilaration of love's arrival as much as "Be My Baby" or the despair of its loss as "You've Lost That Lovin' Feelin'."

Despite being called a genius and a visionary, Spector was a bundle of insecurities and contradictions, especially after the hits stopped coming in the mid-'60s, when the Beatles and Bob Dylan turned the music world upside down. Spector made periodic comeback attempts, but they were short-lived. His last real taste of glory was co-producing John Lennon's "Imagine" album more than 35 years ago.

Several of Spector's friends and associates spoke to Brown at length about the producer's conflicting traits (generous, yet controlling; charming, but spiteful; sweet, though a touch mad).

The pop auteur's first wife, Annette Merar, recalling his vulnerability, told of him seeking reassurance in a late-night phone call in the '60s after they were separated. "It would be: 'Okay, the Beatles are number one, and the Stones are number two, but am I before Bob Dylan or after Bob Dylan?' " she said. "And I'd say, 'No, you're definitely number three and Dylan's number four' -- even though I didn't really think so."

Reports of reclusive, unconventional behavior and sometimes smothering jealousy go back to the "To Know Him" days. An early girlfriend, Lynn Castle, said his constant possessiveness drove her away. "Where are you? What are you doing? What are you thinking? Where are you going? Controlling," she said. "I remember saying to Phil, I can't stand it anymore, because I just felt like I was choking."

Variations on that theme -- and others, including Spector's often desperate need for company late at night -- echo throughout the book as Brown focuses on the producer's personal life far more than his music. The unstated goal seems to be to try to understand what led to the shooting in Alhambra.

The problem with Brown's book is twofold. First, the story becomes tiresome as various people tell essentially the same story again and again of the lonely, troubled, bipolar "Howard Hughes of rock." But also, Mark Ribowsky in the 1989 book "He's a Rebel" beat Brown to most of the crucial Spector history. (An updated edition of Ribowsky's book has been released recently in paperback by Da Capo. They talked to so many of the same sources that it's amusing to imagine a source having Brown on hold while talking to Ribowsky on the other line. They could even have shared cab rides.)

Rather than keep rehashing the details of Spector's life and musical career, someone needs to go beyond the research the way, say, Nick Tosches did in his superb biographies of Dean Martin and Jerry Lee Lewis. Tosches learned everything he could about his subjects, then took leaps of faith to assemble psychological profiles that made us feel like we could see the world through their eyes.

Nik Cohn, an excellent British writer, brought us closest to Spector in a compelling profile printed some 30 years ago in "The Rolling Stone Illustrated History of Rock & Roll." Cohn abandoned plans to write a biography of Spector after spending time with him, deciding that Spector's vision had left him and all that remained were the "motions of mystique." The biography, he feared, would read like an obituary.

Brown interviewed Cohn and even quotes from the latter's profile of Spector: "It seemed that he had no more great pleasures, no passions, not even all-consuming hatreds. Sometimes he would say he was happy, and he smiled. At other times he shook his head and looked tragic. But mostly he simply sat, and survived, and let time pass."

That passage of Cohn's is by far the most powerful single image in "Tearing Down the Wall of Sound," one that reminds us of how little Brown was able to penetrate the wall surrounding the inner Spector.

When I asked Spector in a 1991 interview if he had any regrets, he said, "Sure, lots of them ... from people I married to records I could have done. I have a lifetime of regrets. I should have gone on a lecture circuit. I should have done something to teach, to talk to people about the music.... I should have not wasted all those years.

"Eventually, [being] reclusive becomes an addiction. I never went to the store for years ... never went out, never did anything. It's safer hiding away because you don't have to commit yourself to anything. It's a [shield] just like the drugs or the drink; only it's much more painful because you are alive and well and you see everything around you."

Spector is such a complex personality that not even his friends or foes, in all the conversations, were able to unlock the keys of his story for Brown. By simply relying on their words rather than supplying any authorial vision, Brown was doomed to failure. The reclusive tycoon remains a stranger.

Robert Hilburn, former pop music critic for The Times, is writing a pop music history.

http://articles.latimes.com/print/2007/jun/12/entertainment/et-book12

Some Background On Lana Clarkson's Life

The Dead, Carlos Santana, the wild flamenco dancers from another commune down the road, and scores of day-trippers would stop by and ignite spontaneous parties. The area was then the world capital of LSD, and there was a lot of acid tripping going on. Hidden at the back of a kitchen shelf was a black jar holding a hockey-puck-size mass of the now-mythical concoction of LSD known as “Orange Sunshine”—all of which was eventually consumed.

Lana was raised by Donna Clarkson, a single mother and registered nurse. Together with Lana’s younger sister, Fawn, they lived in a rented house and took part in the commune’s social life. Donna had dark hair and eyes and the long legs Lana had inherited. “She was kind of a flaky hippie, like the rest of us,” says one of the commune’s mainstays, Julie Beardsley. “But she took being a mother very seriously. She came to a lot of our parties but didn’t get wild and pick up men—especially in front of Lana.”

Family and friends describe Lana as a happy child who was reciting nursery rhymes when she was just a year old and loved telling stories and dressing up. On Lana’s tenth birthday Donna gave her a roan mare, and over the next four years she learned to ride both western and English style. W hen she turned 14, they mated her horse, Breeze, with one of the commune’s horses—a large, papered white Arabian stallion named Kief. Lana and the other local girls hung around the corral, looking on with fascination as the horses coupled. Not long after its birth the foal stepped into a posthole, snapped its leg, and had to be put down. Some of the commune members decided to freeze the meat and serve it at a party at a nearby ranch, where Lana accidentally ate her own horse.

“Lana,” says Beardsley, “was a sweet girl

http://www.domanickjusticetalk.com/files/Spector_la_mag_.pdf

Tuesday, April 19, 2011

Phil Spector Appellate Co-Counsel Charles Sevilla

Charles Sevilla
After receiving his law degree from the University of Santa Clara, Chuck earned a masters degree (LL.M) from the Urban Law Institute at George Washington University Law School. He spent two years as an attorney in Washington, D.C., for VISTA, Volunteers in Service to America, before moving to San Diego to serve as a Federal Public Defender. Chuck rose to the position of Chief Trial Attorney in the San Diego Federal Public Defender office. In 1976, he was recruited to establish and head the Los Angeles office of the California State Public Defender office. Later he became the Chief Deputy State Public Defender for the State of California. In 1983, he and long time friend and colleague, John Cleary, established the law firm of Cleary and Sevilla. In 2004, John Cleary retired from the practice to teach at Moscow State University in Russia under the auspices of the Fulbright Program, the U.S. government's flagship program in international educational exchange. Chuck continues his full-time criminal defense practice.

Chuck has argued cases at all appellate levels, including several times before the U.S. Supreme Court. He is a frequent speaker and presenter at legal conferences. Chuck has published books on legal humor and two novels about a fictional New York City defense lawyer, John Wilkes. He has authored numerous law review articles and is the co-author of a legal text, California Criminal Defense Practice, used by lawyers and in law schools throughout the country.

Chuck's complete resume (PDF 23K) including Bar activities and selected published opinions is available here.

http://www.charlessevilla.com/publications.htm


“Under California law, a prosecutor commits reversible misconduct if he or she makes use of ‘deceptive or reprehensible methods' when attempting to persuade either the trial court or the jury, and it is reasonably probable that without such misconduct, an outcome more favorable to the defendant would have resulted.”

“A “reasonable probability” means “ ‘merely a reasonable chance, more than an abstract possibility.’ [Citation.]” ( People v. Racy (2007) 148 Cal.App.4th 1327, 1335, 56 Cal.Rptr.3d 455.)”

“A prosecutor commits misconduct if he or she attacks the integrity of defense counsel, or casts aspersions on defense counsel.” ( Hill, supra, 17 Cal.4th at p. 832, 72 Cal.Rptr.2d 656, 952 P.2d 673.) “If there is a reasonable likelihood that the jury would understand the prosecutor's statements as an assertion that defense counsel sought to deceive the jury, misconduct would be established.” ( People v. Cummings (1993) 4 Cal.4th 1233, 1302, 18 Cal.Rptr.2d 796, 850 P.2d 1.”

“Further, accusations that counsel fabricated a defense or misstated facts in order to deceive the jury are forbidden. (E.g., People v. Friend, supra, 47 Cal.4th at pp. 30–31, 97 Cal.Rptr.3d 1, 211 P.3d 520.) The prosecutor's statement in closing argument that Dr. Kalish “got paid seven grand to meet for two hours with the defendant and come up with an excuse,” was not an argument based on the evidence. Rather, it was an unfair suggestion to the jurors that they should disregard Dr. Kalish's testimony because his testimony had been bought and paid for by defense counsel.”

People v. Higgins (2011) 191 Cal.App.4th 1075

http://www.leagle.com/xmlResult.aspx?xmldoc=In%20CACO%2020110113039.xml& docbase=CSLWAR3-2007-CURR

Monday, April 18, 2011

An Unwitting Phil Spector Witnessed Clarkson Shoot Herself - No Doubt For Maximum Impact

Unwitting audience clap and cheer as teenager stabs himself to death on stage at open mic night

By Daniel Bates
Last updated at 12:59 AM on 18th April 2011


A troubled 19-year-old stabbed himself to death on stage at an open mic night after playing a song called Sorry For All the Mess.

Kipp Rusty Walker repeatedly plunged the six-inch blade into his chest as the audience clapped and cheered in the mistaken belief it was piece of performance art.

But when he collapsed in a pool of his own blood they started screaming in horror and rushed to help him, but his wounds were too severe and he died soon after.

Public suicide: Kipp Rusty Walker, who killed himself after playing a number on the keyboards at an open mic event in Bend, Oregon.

Public suicide: Kipp Rusty Walker, who killed himself after playing a number on the keyboards at an open mic event in Bend, Oregon.

The bizarre suicide has left the community of Bend in Oregon stunned and wondering why he would end his life in such a public way.

But questions will be asked of mental health authorities after it emerged that Walker had told friends of his plan and had threatened to kill himself before.

On that occasion he had been taken in for treatment but was released back into the community.

Walker took his own life at the Strictly Organic Coffee Company in front of around 15 people during its open mic night.

He got up on stage and performed the number on the keyboard before killing himself.

He was taken to hospital but died shortly after.

Strictly Organic's co-owner Rhonda Ealy told TV news station KTVZ of the confused reaction among the audience as the horror unfolded.

Scene of the suicide: The venue when the teenager repeatedly stabbed himself

Scene of the suicide: The venue when the teenager repeatedly stabbed himself

She said: ‘It was really unclear at first what was even happening.’

‘You know it is an open mic and it's a performance, people at first thought it was some sort of theatre.

‘Most people never have to see anything like that in their entire lives, and never have before, so it is a life-changing experience’.

One of Walker’s friends claimed that he had been planning to kill himself in a public place for some time.

The friend said: ‘It was almost like he wanted to prove a point, like there's no point in being scared of death because it's going to happen to us anyway,’

He added that Walker told him he first wanted to kill himself on March 20, so he told his parents who took him to the psychiatric unit at St Charles Medical Centre in Bend.

Walker, described as a transient, was released a few days later.

The friend added that there was nothing he could do to help Walker.

'I actually told him, I was like, "Dude, this is going to mess a lot of people up",' the friend said.

A 'life changing experience': Rhonda Ealy, the co-owner of the Strictly Organic Coffee Company in Bend, Oregon, is horrified that some of her customers had to witness a public suicide

A 'life changing experience': Rhonda Ealy, the co-owner of the Strictly Organic Coffee Company in Bend, Oregon, is horrified that some of her customers had to witness a public suicide

The suicide has split opinion in Bend. Some people are sympathetic to Walker’s plight, others are outraged over his actions.

On the website of newspaper The Oregonian, one reader going by the name of Quashi wrote: ‘As the aunt of a talented young artist who also took his life at the age of 19, I am so saddened that he was not able to reach out to his friends and family for help.

‘We will never know the level of pain he suffered from so deeply that he chose to take his own life. Nor will he ever know the pain felt by those he left behind. This lasts forever.’

Another reader, Judahlevi, commented: ‘It is always a tragic act for someone to take their own life since all life is precious.

‘Nonetheless, he did not have the right to do this in front of an audience. The horrific memories of someone stabbing himself to death on stage in front of them is not something for anyone to have to be subjected to, or have to live with.

‘It is psychologically damaging for everyone in the audience, whether they admit it or not.

‘I feel more sympathy for the audience than the "performer".'

Another commenter who said he was a doctor added that such a public suicide could be to ‘demonstrate to others who are "normal" that there are others suffering to the point of suicide.'

‘It's kind of an "in your face you lucky b****** kind of approach", be it jumping from a bridge/tower or shooting/stabbing yourself in public.’

Bend Police Lieutenant Chris Carney said Walker’s family live in Alaska and have been notified.

He added that the incident was unlike anything he’d ever seen.

‘You know, 19 years with the Police Department, I can't think of any event similar to this where somebody's done something in such a public forum and not said anything in the process. So at this point, we still don't know the reason why he chose to do this, why he chose this location or anything and we probably never will would be my guess,’ he said.

A spokesman for St Charles Health System said officials would be working with Bend Police Department and the Deschutes County Public Health Department, to ‘discuss resources that are available in the community for those struggling with depression or suicidal thoughts.’

No investigation has begun into any potential errors in his treatment.


Read more: http://www.dailymail.co.uk/news/article-1377847/Kipp-Rusty-Walker-stabs-death-stage-open-mic-event.html#ixzz1Juw9uSe0

This was totally premeditated for maximum impact. There has to be more behind this story than what is being revealed. Most who want to committ suicide do so privately and without telling others of their plans.


Wednesday, April 13, 2011

Phil Spector murder conviction in appeals court

Apr. 12, 2011 5:40 PM ET


LINDA DEUTSCH, AP Special Correspondent

(AP) — A panel of three appellate judges gave lawyers on both sides a hostile reception Tuesday as they argued for and against motions to overturn the second-degree murder conviction of legendary music producer Phil Spector.

With his family and that of slain actress Lana Clarkson in the courtroom, Spector's appellate attorney, Dennis Riordan, insisted that a judge erred when he allowed prosecutors to show jurors a videotape from a hearing held outside the presence of Spector and the jury.

On the tape, Superior Court Judge Larry Paul Fidler was seen interpreting the testimony of a key forensic witness about the position of blood spatter on Clarkson's body, Riordan argued.

Riordan said the judge had taken on the role of a witness.

Associate Justice Richard D. Aldrich and Presiding Justice Joan Dempsey Klein of the California 2nd District Court of Appeal seemed unimpressed with the argument.

Klein said when she was a trial judge, she sometimes interceded to clarify testimony for jurors. "Something that's a mere clarification of evidence — judges do it all the time," said Klein. "...I've done it. It doesn't mean we're testifying."

But Riordan noted that the prosecution used the videotape and a picture of Fidler in their closing argument to validate their position.

The panel, which also included Associate Justice Patti S. Kitching, questioned points made by the state attorney general's office about admissibility of evidence in the case. They quizzed Deputy Attorney General Lawrence Daniels about Fidler's decision to allow the testimony of five women who claimed to have been threatened by Spector in the past.

"If that evidence hadn't come in, do you think you would have gotten a guilty verdict?" asked Klein, who suggested the evidence could be viewed as "highly prejudicial."

Daniels argued it was admissible and not prejudicial, and that coupled with other testimony, it showed that Spector killed the "Barbaraian Queen" star.

The judges have 90 days to issue a written ruling.

Spector was convicted two years ago of shooting to the actress to death at his Alhambra mansion in 2003. He's serving 19 years to life and didn't attend the hearing.

If the appellate court grants Spector a new trial, it would be his third. Spector's first jury deadlocked in the case in 2007; a second jury convicted him in 2009.

Spector's lawyers in both trials contended he did not kill Clarkson and suggested that forensic evidence showed was depressed and shot herself in the mouth. The 71-year-old rock music producer known for his "Wall of Sound" recording technique never testified.

Clarkson's mother, Donna, and another daughter attended the hearing with their attorney. Also in the audience were Spector's wife, Rachelle, and his grown children, Louis and Nicole.

Outside court, Riordan said it was impossible to predict what the court might do and noted that "the tenor of questions shifted" depending on the issues being addressed.

Rachelle Spector said she visits her husband in prison every weekend and that he has been waiting anxiously for the result of his appeal.

"I sincerely hope they take into consideration the evidence and do the right thing," she said.

The justices received some 360 pages of legal briefs and 10,000 pages of transcripts over the past year. They said they had studied the facts of the case closely.


Tuesday, April 12, 2011

The Dainty Criminals Do Not Like Curse Words - They Think They Are At Tea Parties Or Golfing With Their Cronies

Dear My2Cents:

Very thoughtful post. I have three questions:

It seems to me that the holding of Hassoldt is that where identity of the actor is in dispute, 1101 “bad acts” evidence may not be used to show intent, lack of accident or mistake, or motive unless the Ewoldt signature test is met. Therefore, whether the possible actors are 20 or are narrowed down to 2, the underlying principle of Hassoldt would seem to apply.

Regarding your reasoning that:

“The evidence that Phil committed 7 prior assaults with a gun against 5 women under very similar circumstances to Lana's situation - tend to show that it was NOT the result of an "accident or mistake" on Lana's part, and therefore, if that is the case - then Phil killed her.”

It seems clear from the panoply of case authority cited by Spector in support of his position on this point that the showing of “similarity” of the crime charged with the prior 1101 incidents must be supplied INDEPENDENTLY and may not rely on inferences drawn from the 1101 evidence itself.

As such, unless you assume, based on the 1101 evidence, that Spector was the actor and that is motive was to prevent Clarkson from leaving, there is no evidence that Spector’s conduct on the night Lana was killed was similar in any way to any of the 1101 incidents.

Q#1: Therefore, on what “similarities” do you rely and what is the independent evidence (apart from inferences drawn from the bad acts themselves) that Spector engaged in that conduct on the night in question?

Second, I am intrigued that you believe Judge Fidler erred in allowing the jury to hear Vincent Tannazo’s testimony that while escorting Spector from a Christmas party at Joan River’s apartment a decade before Lana Clarkson died Spector said “All women are [C-words] who deserve a bullet in the head.”—and yet you do not believe that this error had any potential to affect the verdict.

I don’t recall the exact count, but my recollection is that there were eight women on the jury. The C-word is extremely inflammatory to most women. They hate the word, and they hate any man who uses it. And coupling that with a prior statement that all women deserve a bullet in the head, in a case where they had to primarily determine whether the man who uttered those words was the one who put a bullet in a woman’s head would seem to have the potential to very much tip the balance toward the prosecution.

Q#2: Why, then, do you not believe that the Tannazo testimony was prejudicial?

Third, it seems undeniable that—given prosecution criminalist Lynn Harold’s change in testimony after she testified in trial #1 that the physical evidence could not exclude suicide to (in trial #2) that the physical evidence excluded suicide as a possibility, as well as Harold’s EXCLUSIVE lynchpin for the flip-flop, her “discovery” that Jamie Lintermoot observed (never documented) blood splatter on the back of Clarkson’s wrists—having the trial judge on video tape explaining with words and actions to his own jury that this is PRECISELY where Lintermoot testified in 2007 that she saw blood splatter on Clarkson’s wrists, had huge potential to sway the jury on this CRUCIAL point concerning the ultimate issue in the case: Suicide vs. homicide.

In addition, it is clear that Judge Fidler’s verbal and nonverbal testimony consisted of "out of court" statements (meaning not made at the trial where they were admitted), that were admitted for the truth of the matter asserted, and that there is no applicable exception to the hearsay rule—since the exceptions proffered by the People only apply to the testimony of “parties” to the case. In other words, the Fidler video was improperly admitted over defense objection.

Moreover, once admitted, the prosecution not only played it to the jury in slow motion to bolster Lynn Harold on the main issue in dispute, it took the extraordinary step of displaying a picture of Judge Fidler on the overhead display to the jury when it was listing the prosecution witness AND when Doron Weinberg objected that the judge was neither a witness for the prosecution or the defense, Judge Fidler OVERRULED that objection in the presence of the jury.

Q#3: Therefore, why don’t you think that the admission of the Fidler video was improper or if you agree it was improper, why do you think that this error did not have the potential to affect the verdict?

I would be very interested to hear your take on these three points.

Once again, thank you for a very analytical post.

http://boards.insessiontrials.com/showthread.php?377972-Phillip-spector-legal-thread-wrongful-death-case-pending-murder-appeal/page2&s=e19b38bd61f4e61a31feeb17a11861c3

Reversal Is Required & Demanded

Conclusion from spector reply brief

CONCLUSION FROM SPECTOR REPLY BRIEF:

CONCLUSION
In this case, where the scientific evidence raised reasonable doubts as to
defendant’s guilt, other means were advanced to persuade the jury: the unprecedented
use of the trial judge as a witness for the prosecution on a central point in the case; the use of inflammatory evidence of uncharged conduct, much of it decades old, which was
improperly argued as pure propensity evidence; and the castigation of appellant’s counsel
for purportedly having bought expert witnesses to make up “ridiculous testimony” in
order to hide the truth.
R
“It is too much the habit of prosecuting officers to assume beforehand that a defendant is guilty, and then expect to have the established rules of evidence twisted, and all the features of a fair trial distorted, in order to secure a conviction. If a defendant cannot be fairly convicted, he should not be convicted at all; and to hold otherwise would be to provide ways and means for the conviction of the innocent.”
(People v. Wells (1893) 100 Cal. 459, 465.)

Appellant was not fairly convicted. Reversal is required.