February 28, 2011
Judge says he can't force lawyers to produce imprisoned Spector to testify in civil lawsuit
LOS ANGELES - A judge refused Friday to direct Phil Spector's lawyer to make sure the music producer and convicted murderer is brought from prison to court for the trial of his civil lawsuit seeking to force attorney Robert Shapiro to refund a $1 million retainer fee.
Los Angeles Superior Court Judge Malcolm Mackey said there were too many security problems associated with getting Spector from Corcoran State Prison in Kings County between Bakersfield and Fresno.
However, he said he will let the lawyers continue to try and make transportation arrangements.
"If you can get him down, fine," Mackey said.
The judge said he once tried to get another high-profile inmate - rapper/producer Suge Knight - brought to the courthouse for a trial involving Dr. Dre but was unsuccessful.
The lawyers representing Shapiro and the firm of Glaser, Weil, Fink, Jacobs, Howard & Shapiro say Spector's attorneys should not be allowed to simply show a jury the music producer's past deposition testimony in place of being in court and available for cross-examination.
The producer's lawyer, Michael Dempsey, said he also would like his client present for the trial, but that a prison official at Corcoran told him they did not provide transportation of prisoners to civil cases, only criminal matters.
Defense attorney Joel N. Klevens said it is Dempsey's responsibility to make Spector available in court or to set up a remote broadcast from
Corcoran so that he could testify in an audio-visual proceeding.
Spector, now 70, says he paid Shapiro the money within days of the producer's Feb. 3, 2003, arrest for the murder of 40-year-old actress and House of Blues VIP hostess Lana Clarkson at his Alhambra mansion. He filed the suit in December 2007.
Spector's first trial on criminal charges in the death of Clarkson ended with jurors deadlocked 10-2, prompting a judge to declare a mistrial. He was convicted of second-degree murder in April 2009 in a retrial in which his lead counsel was San Francisco attorney Doron Weinberg. He was sentenced a month later to 19 years to life in prison.
From City News Service - Posted: 02/25/2011 03:09:53 PM PST
http://www.pasadenastarnews.com/
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