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Updated June 19, 2007, 10:53 a.m. ET
As negotiations fail, former Spector lawyer could face jail for refusing to testify


Sara Caplan
Sara Caplan has said that testifying before a jury would violate attorney-client privilege.
FULL COVERAGE: Phil Spector Murder Case
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LOS ANGELES — Formal contempt proceedings against a former lawyer for Phil Spector were set for Monday afternoon after the prosecution and the defense at the pop producer's murder trial failed to work out a deal to keep the attorney from being called as a witness.

Los Angeles County Superior Court Judge Larry Fidler ordered Sara Caplan to appear in his courtroom at 1:30 p.m. PT so he could officially rule her in contempt of court for refusing to testify against Spector, whom she represented in 2003.

Fidler reiterated the pledge he made last week to stay his order to allow Caplan to appeal his decision to the Court of Appeal and, if necessary, the state Supreme Court. If the higher courts side with Fidler, Caplan could be jailed until she agrees to take the stand.

Prosecutors and lawyers for Spector and Caplan met privately with Fidler for 20 minutes Monday morning in what the judge later described as a "frank," "off-the-record" and ultimately unsuccessful attempt to hammer out an agreement to avoid contempt proceedings.

The judge said prosecutors proposed a stipulation to be read to jurors that would have resolved the issue, but the defense rejected it.

"Unless something changes between now and 1:30, the contempt proceeding will proceed," Fidler said.

Prosecutors want to call Caplan in an effort to undermine the credibility of Dr. Henry Lee, the forensic expert described as a "linchpin" of the defense case. Caplan previously testified at a hearing that she saw Lee collect a small white object from the scene of an actress's fatal shooting. No such item was ever turned over to prosecutors, as the law requires. Lee denied the allegation, but Fidler ruled Caplan's account to be credible.

She maintains that attorney-client privilege and ethical obligations to her former client prevented her from taking the stand in front of a jury, but Fidler has said her duty to Spector does not cover observations about the hiding or concealing of evidence. (VIDEO)

After she was told that lawyers had not reached an agreement, a grave-faced Caplan asked the judge to wait until Wednesday to move forward with the contempt proceedings, but Fidler refused. She then asked that the judge find her in contempt immediately, but Fidler said he needed time to prepare the paperwork required.

"There are a lot of formalities," the judge said, adding that the complexity of a contempt finding was one reason why judges avoided them.

The judge has said Caplan is the first attorney he has ever held in contempt in his 25 years on the bench.

Spector appeared calm and chatted amiably with defense attorney Bruce Cutler after the ruling.

The 67-year-old faces 15 years to life in prison if convicted of the murder of Lana Clarkson on Feb. 3, 2003.

Jurors also heard more forensic evidence Monday. A criminalist from the county coroner's office testified that tests on Clarkson's hands were positive for gunshot residue, but that those results do not necessarily mean that Clarkson fired the revolver.

"The conclusion I would reach is, therefore, the decedent may have discharged the firearm or otherwise had her hands in the immediate area of the gun," Steven Dowell testified.

"There is no scientific way for you to tell?" asked Deputy District Attorney Patrick Dixon.

"No," he replied.

Testimony continues Monday afternoon.



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