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Last Updated: Wednesday, 25 July 2007, 11:15 GMT 12:15 UK
Judge refuses to end Spector case
Phil Spector
Phil Spector's murder trial has been running for three months
The judge in Phil Spector's trial has rejected a defence bid to have the case dismissed, or the charges reduced.

Los Angeles Superior Court Judge Larry Paul Fidler said there was "more than enough" evidence to allow the murder charge to be presented to the jury.

Mr Spector, 67, is accused of shooting B-movie actress Lana Clarkson at his mansion in 2003.

If convicted of murder, the Wall of Sound pioneer faces between 15 years and life in prison.

The defence team's move to have the trial thrown out was expected, and followed the prosecution resting their case on Monday.

'Sufficient evidence'

Roger J Rosen, a lawyer for Mr Spector, argued the prosecution had not proved "implied malice" - which is the test for a murder charge in California.

Prosecutor Alan Jackson argued that all he needed to show was that the music producer committed an act that was dangerous to Clarkson's life - pointing the gun at her.

"He had the gun in his home, loaded with his bullets," Mr Jackson said.

Lana Clarkson
Lana Clarkson was 40 when she died at Mr Spector's mansion
"Whether he pulled the trigger, whether he sneezed or she slapped his hand away or there was an earthquake - it doesn't matter. It's implied malice."

Rejecting the bid for dismissal, Mr Fidler said he was satisfied the evidence presented was sufficient to support a verdict if the case was later sent to an appeals court.

The motion came during a brief hearing in the absence of the jury, after which the defence resumed their case.

'Tearful

They called independent film producer Greg H Sims, who testified that Ms Clarkson had been depressed in the weeks leading up to her death.

He told the jury that, in the aftermath of a party in January 2003, the actress had tearfully described her disillusionment with the film industry and her disappointment at not having children or a romantic relationship.

"She was reaching a certain level of sadness, hitting a wall in her personal life," he said.

On cross-examination, prosecutor Pat Dixon tried to portray Ms Clarkson's depression as typical of many actresses.

Mr Sims agreed that he had heard similar things from other actresses, but that Ms Clarkson's conversation "felt serious for me", adding: "It was just before she died".

His testimony supports the defence theory that Ms Clarkson committed suicide.

The prosecution argues that Mr Spector had a history of using guns to threaten women.

He denies the charges.


PHIL SPECTOR MURDER TRIAL

Phil Spector Hung jury
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