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Updated June 15, 2007, 11:02 a.m. ET
Judge holds former Spector attorney in contempt for refusing to testify


Sara Caplan dabbed at tears as Judge Fidler discussed the ruling.
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LOS ANGELES — Lawyers at Phil Spector's murder trial began working on a deal Thursday that would spare a former defense attorney from jail for refusing to testify against the music producer.

The judge presiding over Spector's case found the attorney, Sara Caplan, in contempt in the morning, but stayed his order for one week to allow her to appeal the decision. (VIDEO)

An hour later, after a closed-door meeting with attorneys, Los Angeles County Superior Court Judge Larry Fidler said that the parties were attempting to hammer out a stipulation that could be read to jurors in lieu of Caplan's testimony.

"If the stipulation is arrived at, it would probably prevent Ms. Caplan from being held in contempt," Fidler said.

The judge cautioned that there was no agreement yet and gave lawyers until Monday to negotiate.

The announcement of a potential deal came after an emotional hearing during which Caplan, a veteran criminal defense attorney, broke down in tears as she railed against what she called a "despicable" and "unethical" demand by prosecutors that she take the stand against Spector, her former client. (VIDEO)

"They know I have valid constitutional, legal and ethical obligations," she said.

Caplan testified twice at a hearing last month that she saw defense expert Dr. Henry Lee collect a small white piece of evidence from the scene of actress Lana Clarkson's fatal shooting. The evidence was never turned over to prosecutors as required by law.

Caplan balked at recounting the incident in front of a jury, saying it violated attorney-client privilege and the ethical obligations of a defense lawyer.

In a gently worded decision Thursday, Fidler, a onetime defense attorney, commended Caplan on her commitment to her former client, but said the law required her to testify.

He said case law is clear that attorney-client privilege did not apply to hiding or destroying evidence.

"As distasteful as it obviously is, she has a legal obligation to testify," he said.

Prosecutors claim that the item in question was a fragment of an acrylic nail from Clarkson and that it could have conclusively proved she did not kill herself as the defense contends.

"It could have been of great value. Perhaps it wasn't," Fidler said. "At this point, we are never going to know. The people have certainly been prevented from putting on their entire case or investigating their case, and the jury has a right to know."

Prosecutors want to present witnesses about the missing evidence to undermine Lee, whom the defense has described as the "linchpin" of the case.

While Caplan dabbed at her eyes with a tissue, Fidler repeatedly expressed his discomfort with holding her in contempt. He described the situation as "two principled people" at "loggerheads."

"You have you, and you're standing on your principles, and you have me, and I'm standing on my principles," he said.

Asked if she understood his ruling, Caplan replied, "I understand, but I disagree."

She was working in the law office of Robert Shapiro, the attorney who represented O.J. Simpson, in 2003 when Spector hired him. The producer changed attorneys later that year.

Another witness, private investigator Stanley White, is expected to testify that he too saw Lee with evidence that was not turned over to the prosecution. White has said the item was a broken fingernail.

Judge Fidler said Caplan had a 'legal obligation' to testify.
Judge Fidler said Caplan had a 'legal obligation' to testify.

Fidler said White's account was different from Caplan's and only she was "unassailable" as a witness because of her status as a defense insider.

After the judge's ruling, Caplan said through a lawyer that she was worried about the care of her child should she be sent to jail. Fidler shook his head and suggested her concerns were premature.

"I want this to be tested by the appellate court," the judge said.

If no deal is worked out and the higher court supports Fidler, the judge could hold her in jail under "coercive contempt" until she agrees to testify.

However, Fidler noted, judges are permitted to free someone held in that type of contempt if they think there is no chance being jailed will persuade the person to testify.

Spector, dressed in a brown pinstriped suit, magenta shirt and peach tie, leaned forward at the defense table and stared intently toward the judge as he spoke.

The 67-year-old producer faces 15 years to life in prison if convicted of murder in the 2003 shooting.

Also Thursday, a firearms examiner testified that the gun that killed Clarkson was in proper working order. James Carroll, a criminalist for the county sheriff's department, said the .38-caliber snub-nosed revolver would only have fired if someone pulled the trigger. Under questioning by a prosecutor, Carroll said the gun may discharge accidentally if a person slapped at the gun while someone had their finger on the trigger.

"Yes," Carroll said, "but your finger would have to be in one way or another to pull the trigger."

He also told jurors that tooth fragments embedded in the front of the gun indicate the two-inch barrel of the revolver was inside Clarkson's mouth when the gun fired.

On cross-examination, Carroll acknowledged that his analysis could not answer the trial's fundamental question of who fired the gun.



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