
LOS ANGELES — A veteran forensic pathologist whose five-decade career includes work on the O.J. Simpson case and the congressional investigation into John F. Kennedy's assassination testified Wednesday that Lana Clarkson died by her own hand.
Dr. Werner Spitz is the second of four high-profile pathologists retained by Phil Spector's defense team to take the stand at the music legend's murder trial and describe Clarkson's fatal Feb. 3, 2003 shooting as self-inflicted.
A deputy Los Angeles County medical examiner ruled Clarkson's death a homicide based on a host of non-medical factors, including the location of the shooting — in Spector's home — and her state of mind, which he described as "hopeful."
Spitz told jurors that he also relied on a wide array of information from outside the autopsy room, such as Clarkson's writings and witness interviews, but came to a different conclusion. (VIDEO)
"I think she was holding the gun with both hands, with one hand on top and one hand on bottom, steadying the grip," he said, adding that he found the government pathologist's homicide ruling "hasty" and erroneous.
He said he could not conclusively determine whether the shooting was an accident or suicide, but that based on the fact Clarkson was shot in the mouth, "I would probably call it a suicide."
Spector, 67, faces 15 years to life in prison if convicted of murder. Prosecutors contend he shot Clarkson in his foyer after she curtailed what he had hoped would be a sexual encounter.
Like another defense expert witness, forensic pathologist Dr. Vincent DiMaio, Spitz cited statistics to support his finding. He said the type of injury suffered by Clarkson, a gunshot within the mouth, is almost never homicide.
"My understanding is that intra-oral gunshot wounds are suicidal in excess of 99 percent," he said.
He testified that he had never encountered such a wound that turned out to be murder during the course of his career.
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