LOS ANGELES — Before they begin weighing murder charges against Phil Spector, jurors will be told that the music legend's defense team violated discovery laws, a judge said Thursday.

Los Angeles County Superior Court Judge Larry Fidler said that, as punishment for the misconduct, he will instruct jurors that the defense failed to inform prosecutors as required by law that noted pathologist Dr. Michael Baden had arrived at a new theory of Lana Clarkson's death. (VIDEO)

Baden revealed the hypothesis, which provides an explanation for the actress's blood on the producer's jacket, during testimony Tuesday. He said that it was the result of an "a-ha moment" two days before during conversations with a defense attorney.

Fidler denied a prosecution request for the harsher sanction of striking Baden's testimony about the theory. He said he was convinced that the defense was trying to "gain tactical advantage" by not telling the prosecution in advance, but said striking testimony was reserved for the most extreme cases.

"The judge who goes that route is walking a very fine line on very thin ice," he said.

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The instruction the judge will give jurors at the close of the case tells them they cannot hold the wrongdoing against Spector as they determine his guilt or innocence, but they can consider how withholding information affected prosecutors' ability to present their case.

Spector's attorneys argued that no sanctions were warranted because the time between the pathologist arriving at the new hypothesis and testifying was short and because the prosecution had time to prepare to cross-examination.

"If there was no prejudice, there is no violation," defense attorney Bradley Brunon said.

A prosecutor insisted that being caught off guard had damaged the government's case.

"We could have done a lot [if forewarned of the new theory]," said Deputy District Attorney Patrick Dixon, adding that a colleague, "would have been much more prepared on the science."

The judge agreed, calling it "a major change in defense strategy" and labeling attempts to downplay its importance "nonsense."

Fidler also said there was a history of defense violations of evidence rules, a characterization which drew criticism from Brunon. He accused the judge of "putting a thumb on the scale" to favor prosecutors.

The comment enraged the judge.

"That is really insulting. I'll tell you what. You better withdraw that comment," Fidler shouted at Brunon.

The attorney complied, saying he did not mean to personally attack the judge.

Judge Larry Paul Fidler called defense attempts to downplay the importance of its new information 'nonsense.'

Baden concluded his testimony later in the afternoon, insisting to the end that Clarkson, 40, died at her own hands in Spector's home Feb. 3, 2003. Driving home what he characterized as a lack of evidence, a defense attorney asked Spector to rise at the defense table, outstretch his arm and form his right hand into the shape of a pistol.

If Spector shot Clarkson like this, the attorney asked Baden, would there be blood, tissue, gunshot residue and tooth fragments on his clothing?

"In his hair, on his face, in his pants, on his shoes," the pathologist answered. Clarkson's blood was found only one side of Spector's dinner jacket.

As the expert spoke, Spector, dressed in a blue suit and bright yellow tie, stared across the courtroom wearing a blank expression. His arm shook with a palsy his lawyers have attributed to medication.

Fidler expressed concern Thursday about the length of the trial, which began in April and is now predicted to last into September. An alternate juror was excused from the panel to tend to a sick relative, and the judge said of his departure, "Once it starts it tends to snowball."

Testimony will resume Tuesday morning.