Spector Jury Only to Weigh Murder Charge

Superior Court Judge Larry Paul Fidler listens to the defense and prosecution debate over which pieces of evidence are admissible for the jury decision during music producer Phil Spector's murder trial at the Los Angeles Superior Court in Los Angeles, Tuesday, Aug. 28, 2007. Spector is on trial for the Feb. 3, 2003, murder of Lana Clarkson. (AP Photo/Jamie Rector, Pool) (Jamie Rector - AP)

LOS ANGELES -- Jurors in Phil Spector's murder trial will have only one question to decide: Is the music producer innocent or guilty of second-degree murder?

Superior Court Judge Larry Paul Fidler told attorneys Wednesday he pondered whether there could be "lesser included offenses," which might allow the jury to consider voluntary or involuntary manslaughter rather than murder.

"I don't see it," he concluded.

Both the prosecution and defense agreed that the legal definitions of lesser crimes do not fit this case.

Spector, 67, is charged with murdering actress Lana Clarkson in his Alhambra mansion on Feb. 3, 2003, a few hours after she met the record producer at her job as a nightclub hostess and went home with him.

The defense maintains Clarkson, 40, was depressed and shot herself in the mouth.

"I'm sure we can all agree this is a case about who fired the gun," newly hired defense attorney Dennis Riordan told the judge.

Deputy District Attorney Alan Jackson said he wanted to be assured that he would not be "sandbagged" by any defense attorney telling jurors in final arguments that there might be a lesser crime involved.

"I would never allow that," said Fidler. "The only verdict form they will get is second-degree murder."

The prosecution is seeking a second-degree murder conviction under the theory of "implied malice," which requires the taking of an extreme risk that could lead to death and a callous disregard for human life.

The penalty for second-degree murder is 15 years to life in prison and a convict has to serve 85 percent of the base term before becoming eligible for a parole hearing.

The standards for the lesser offenses would have been different. Involuntary manslaughter, for example, would require a finding of negligence.