Ex-Spector lawyer avoids jail -- for now

A lawyer who once represented Phil Spector was spared a jail sentence late Friday after a state appeals panel intervened in her contempt-of-court case.

Sara Caplan had been cited for contempt Monday by Los Angeles County Superior Court Judge Larry Fidler, who is presiding over the televised trial of Spector in connection with the killing of actress Lana Clarkson four years ago.

At stake is evidence that allegedly helps show that Clarkson could not have shot herself, as the defense contends.

The state 2nd District Court of Appeal stayed a jail term for Caplan pending a full hearing, according to an order signed by Presiding Justice Joan D. Klein and Associate Justice H. Walter Croskey.

Clerk of the Court Joseph Lane confirmed that the order was issued late Friday.

Spector’s lawyers filed the appeal, seeking to relieve Caplan of having to choose between testifying against her former client and going to jail. Caplan could not be reached for comment.

The defense praised the decision. Prosecutors, who have called their last witness, could not be reached for comment.

“It’s significant for two reasons: because it allows Ms. Caplan not to have to report to jail,” said Roger Rosen, a member of Spector’s defense team.

“The second reason is the court has reviewed our writ and decided this is something of significant importance and something they need to take a close look at,” he said. “We anticipate the court is going to find that Ms. Caplan is claiming the privilege correctly on behalf of our client, Mr. Spector. And she is standing for what she believes is legally correct.”

Caplan, who represented Spector in 2003, argued in court that she was bound by law and ethics codes not to testify against her former client. Fidler disagreed.

“In almost 25 years I have never held an attorney in contempt. I take this extremely seriously and think she is making a mistake,” the judge said.

Caplan’s stand has enlivened a nine-week trial that has become consumed by crime scene minutiae.

In court papers, she said Spector has “demanded” that she not testify. She cited attorney-client privilege as well as her duty under California court rules to be loyal to former clients and to uphold their constitutional rights.

Whether the substance of her testimony would have an effect on the trial is uncertain.

Clarkson was found shot to death in Spector’s Alhambra mansion Feb. 3, 2003. The music producer contends that she accidentally shot herself. His chauffeur testified that after the fatal shot, Spector said, “I think I killed somebody.”

Fidler has ruled that Dr. Henry Lee, a defense witness, kept a piece of crime scene evidence from prosecutors. The judge said prosecutors could raise the matter with jurors to question Lee’s credibility.

Caplan and another witness had testified outside the presence of the jury that they saw Lee holding the tiny object during an inspection of the crime scene the day after the killing. But it was never turned over to prosecutors as required by evidence rules.

Prosecutors said the object, believed to be a piece of fingernail, would have shown that Clarkson was holding her hand in front of her face and therefore could not have pulled the trigger.

Lee testified before Fidler last month that Caplan was mistaken, that he did not pick up such an object. But Fidler said he found Caplan more credible.

The judge’s evidentiary decision means that jurors will be allowed to decide for themselves what significance to attribute to the missing item.

john.spano@latimes.com