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Updated June 12, 2007, 1:26 p.m. ET
Spector's defense asks for mistrial after judge casts doubt on madam's testimony


Jody 'Babydol' Gibson
Jody 'Babydol' Gibson, seen in 2000 after being arrested for pimping and pandering, implied in her memoir that Lana Clarkson worked as an escort.
FULL COVERAGE: Phil Spector Murder Case
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LOS ANGELES — Phil Spector's defense moved for a mistrial Monday after the judge presiding over his murder trial called the proposed testimony of a defense witness, a convicted madam, "salacious" and said he was likely to prohibit it.

The judge's assessment of the potential witness as an attempt to "dirty up" the actress shot in Spector's home was one of an assortment of reasons his lawyers gave for demanding a new trial for the legendary music producer a month and a half into his current one.

Los Angeles County Superior Court Judge Larry Fidler quickly denied the request as inadequate.

"In my mind, you have not even come close for stating grounds for a mistrial," Fidler said. (VIDEO)

A lawyer for Spector accused the judge of several missteps since the start of the trial, with the most recent alleged comments taking place Monday morning outside the presence of jurors.

The madam, Jody "Babydol" Gibson, who is on the defense witness list, implies in a new memoir that Lana Clarkson, 40, worked for her as an escort under the name "Alana."

In a memoir, a convicted madam implies that Lana Clarkson worked as an escort.
In a memoir, a convicted madam implies that Lana Clarkson worked as an escort.

Listening to lawyers debate the propriety of media interviews Gibson has done to promote the book in recent weeks, the judge expressed doubt that she would actually testify.

"I don't understand how she's going to be a witness in the case, quite frankly," he said, calling her account "irrelevant as far as I'm concerned."

"It appears to me that she is there to dirty up Ms. Clarkson," he continued.

Roger Rosen, a lawyer for Spector, protested the judge's characterization, saying that the defense simply wanted to give jurors a full picture of Clarkson's life when she was shot Feb. 3, 2003.

"It is not our intent to trash Ms. Clarkson," he insisted, adding later that Gibson's testimony would shed light on Clarkson's financial difficulties, which the defense has said may have led her to kill herself.

A few hours later, Rosen suggested the comments were unfair to Spector.

"I think the court is feeling a particular way about testimony that hasn't even been introduced," Rosen charged.

Rosen also cited Fidler's handling of allegations that the defense hid evidence from the death scene, his decision to make a former attorney for Spector testify in the matter and the fact that the prosecution faxed a subpoena seeking information about defense expert Dr. Henry Lee rather than serving it in person with the blessing of a local court.

Spector, 67, sat silently with his fingertips pressed together as the attorney argued for a new trial. He faces murder charges and a possible sentence of 15 years to life in prison. He is free on $1 million bail.

Fidler said the fact that the defense disagreed with some of his rulings was not grounds for a new trial. He said he had doubts about Gibson, but was open to arguments from the defense when they begin their case in a few weeks.

"You go ahead and show me why her testimony might be admissible," he said to defense attorneys.

Jurors did not hear about the madam or the mistrial. Instead, they listened to testimony from a criminalist who collected evidence from Spector's mansion and tested it for DNA.

Prosecutor Alan Jackson questioned forensic scientist Steve Renteria Monday about DNA found at the death scene of an actress.
Prosecutor Alan Jackson questioned forensic scientist Steve Renteria Monday about DNA found at the death scene of an actress.

Steve Renteria, a forensic scientist with the Los Angeles County Sheriff's Department, said DNA consistent with Spector's genetic profile was discovered on both of Clarkson's wrists.

Prosecutors claim he was trying to force her to remain at his Alhambra mansion when he shot her in the mouth Feb. 3, 2003.

Renteria also told jurors that other DNA tests indicated Spector and Clarkson were sharing drinks from two brandy snifters found near the death scene. DNA consistent with a mixture of their genetic profiles was found on the rims of both glasses.



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