LATEST: The judge at the Phil Spector murder trial has ruled the jury can ponder the implications of defence misconduct when they decide the music producer's fate.
On Tuesday (14Aug07), Judge Larry Paul Fidler ruled - with the jury not in the Los Angeles court - that the defence violated evidence regulations when criminologist Dr. Michael Baden made a surprise testimony about how Lana Clarkson lived for "several minutes" after she was shot.
On Thursday (16Aug07), Judge Fidler decided to allow Baden's testimony to stand, but added he's certain Spector's attorneys tried to unethically "gain tactical advantage" and that jurors can take this into account.
He said, "I have no doubt, let me say that as clearly as I can, that this was done to gain tactical advantage."
When defence attorney Bradley Brunon claimed he had no idea Baden would testify about Clarkson not dying immediately and asked the judge to avoid penalising Spector for his lawyers' mistake, Fidler responded, "That is really offensive. You better withdraw that comment."
Spector is accused of the fatal shooting of Clarkson at his Alhambra, California mansion in February 2003. He has pleaded not guilty and claims Clarkson committed suicide. The trial continues.