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Wednesday, 29 August 2007, 10:23 GMT 11:23 UK

Spector lawyers in plea to judge

Phil Spector Lawyers in the Phil Spector trial have asked the judge to tell jurors they must consider a verdict based solely on the charge of murder.

Mr Spector's legal team has requested that no lesser charges, including manslaughter, enter the deliberations.

A court motion outlined that the music producer either fired or did not fire the shot that killed actress Lana Clarkson at his Los Angeles home.

The 67-year-old denies murdering Ms Clarkson in 2003.

"It is the prosecution's position that Mr. Spector was the shooter and that he therefore is guilty of an offence no less serious than that of second-degree murder," stated Mr Spector's lawyers.

'Inadmissible'

"It is the defence position that Mr. Spector did not fire the shot and thus is guilty of no crime whatsoever," they continued.

The lawyers' argument for an all-or-nothing verdict rests on the premise that there is no legal fallback for lesser offences in the case.

The prosecution are expected to file their response to the motion on Wednesday.

Los Angeles Superior Court Judge Larry Paul Fidler is also set to discuss instructions to the jury with lawyers.

On Tuesday, Mr Spector's lawyers failed in their bid to have an autobiography written by Ms Clarkson shown to jurors in hearings over admission of evidence.

"There's all sorts of problems with this. It's different from the e-mails. The court is finding that it is inadmissible," said the judge.

A series of e-mails written by Ms Clarkson were shown to jurors earlier in the trial which the defence said revealed the actress was depressed and may have taken her own her life.

Final arguments in the trial are set for 5-6 September.



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