Judge: No Lesser Charge in Spector Case

Phil Spector arrives at court with his wife, Rachelle Spector Tuesday Sept. 18, 2007 in Los Angeles. The seventh day of deliberations in the Phil Spector trial came to a temporary halt Tuesday when jurors indicated they had a question. (AP Photo/Nick Ut) (Nick Ut - AP)

The jury foreman's comments pointed to the essential issue dividing jurors.

"Is it appropriate for one side to feel _ for one juror to feel that it's reasonable and for another juror to feel that it's not reasonable _ from the same facts that were presented in the case?" he asked.

The judge said outside their presence that he would have to tell the jury that deciding reasonable doubt is "an individual determination" that is part of the deliberation process.

Fidler later decided to withdraw a particular jury instruction, saying it misstated the law and might confuse panelists.

In order to convict Spector of second-degree murder, the jury would have to find that "the defendant must have committed an act that caused the death of Lana Clarkson." The instruction went on to specify that the act was pointing a gun at her, resulting in the gun entering her mouth while in Spector's hand.

"I think some jurors may have a question about whether every element of that instruction must be proved beyond a reasonable doubt," one juror had said.

When the judge said he would withdraw the instruction, the defense objected, saying that would tell jurors who relied on it that their opinions were wrong.

Fidler offered defense attorneys a chance to present new final arguments on the issue, but they declined, saying that would just draw undue attention to it and would allow the prosecution to present a new theory of the case.

The defense once more moved for a mistrial, which the judge again refused.

Spector appeared grim during the hearing, as did Clarkson's mother and sister and their civil lawyers, who were all in court. They have sued Spector for wrongful death, and their civil trial will follow the criminal trial.

The jury has not deliberated since Tuesday, its seventh day of talks, after disclosing the impasse. The judge sent the jurors home early Wednesday afternoon and told them to return Thursday.