Spector Civil Deposition May Figure in Murder Trial

Record producer Phil Spector’s efforts to recover legal fees from his former defense attorney could land him on the witness stand in a preliminary courtroom skirmish before his murder trial next year.

Spector is to stand trial April 24 in the 2003 shooting death of actress Lana Clarkson at his Alhambra mansion.

He originally hired celebrity attorney Robert Shapiro to conduct his defense, but after changing lawyers, sued to get back part of his $1-million retainer.

Earlier this year, Spector answered questions for several hours as part of the civil action. Attorney Roger Rosen, who now shares defense duties with New York lawyer Bruce Cutler in the criminal case, insisted that Spector was forced to file the civil suit to fund his criminal defense, and said the deposition, by agreement of the attorneys, was conducted solely on the basis that his statements would remain confidential.

Deputy Dist. Atty. Douglas Sortino, however, said in a hearing Friday in a Los Angeles courtroom that the state has a right to the statements, not only to aid the investigation into Clarkson’s death but for possible impeachment should Spector decide to testify at trial.

Los Angeles County Superior Court Judge Larry P. Fidler set a Dec. 14 hearing on the issue, warning that he might want to hear from Spector directly about the confidentiality agreement.

“I want to know if there was an agreement and when the agreement was reached,” Fidler said. “If you want to establish that, it’s going to have to come from Mr. Spector’s mouth.”

Fidler added that any testimony by Spector “will be only on that issue.”

Loyola Law School professor Laurie Levenson said the decision to let Spector answer questions in the civil case was “risky” and that his confidentiality agreement might not hold up in criminal court.

She noted that civil proceedings of other celebrity defendants in criminal cases, including O.J. Simpson and Robert Blake, were postponed to avoid interfering with their criminal cases.

“He can’t have it both ways,” Levenson said. “He can’t argue that his deposition is privileged, but not answer questions by the court as to why those statements should be privileged.”

Spector is accused of shooting Clarkson, 40, a B-movie actress who worked as a hostess at the House of Blues, on Feb. 3, 2003, after she accompanied Spector home from the nightclub.

The music producer, known for developing the “Wall of Sound” recording technique that defined many pop classics, has pleaded not guilty to the murder charge and is free on $1-million bail. Police are expected to testify that Spector initially described the shooting as an accident, although he later said Clarkson committed suicide.

In a previous hearing, the defense argued, unsuccessfully, that those statements should be inadmissible because Spector “was experiencing symptoms of withdrawal from his medications, which could include hallucinations, forgetfulness, serious fatigue, and/or slurring.”

Spector could face life in prison if convicted.