Music producer Phil Spector sits next to his attorney Linda Kenny Baden, right, after his murder trial ended in a mistrial Wednesday, Sept. 26, 2007 at the Los Angeles Superior Court in Los Angeles (AP Photo/ Fred Prouser, pool)
LOS ANGELES – The jury in Phil Spector's second murder trial will visit the music producer's home where actress Lana Clarkson died, but the judge set strict rules Monday on the presence of Spector's wife and the operation of an outdoor fountain.
Prosecutors complained that during his first jury's tour, Spector tried to change the volume of the fountain to suggest a chauffeur could not have heard him clearly when Spector allegedly said, "I think I killed somebody."
Deputy district attorneys Alan Jackson and Truc Do gave the judge e-mail exchanges they obtained between Spector and his first defense team in which a jury consultant suggested "the fountain be on full bore."
During the first jury's tour, the panelists asked to have the burbling fountain in the courtyard turned on and off so they could hear the ambient noise.
Superior Court Judge Larry Paul Fidler rejected prosecution objections to this jury's tour but agreed to consider having the fountain on if it is found that there is only an on-off switch and no way to manipulate the sound.
The judge also said Spector's young wife Rachelle can't be present in sight of the jurors. The tour was expected to take place next week.
Spector, 68, the eccentric rock 'n' roll legend renowned for his "Wall of Sound" recording technique, is charged with second-degree murder in the death of Clarkson, 40, who became a 1980s cult figure following her starring role in the Roger Corman film "Barbarian Queen."
The new jury must decide the same question that ultimately stumped the first: Did Spector, a man known for threatening people with guns, shoot Clarkson, or did the actress, down on her luck and despondent about her future, turn a gun on herself?
The first jury heard five months of testimony and deadlocked 10-2 with the majority favoring conviction. The current trial has been under way for nine weeks.
Weinberg opened his defense case with testimony from the Los Angeles County medical examiner. He questioned why a "psychological autopsy" was not performed on Clarkson, exploring her emotional condition to determine if she might have committed suicide.
Legal arguments over the questioning guidelines delayed the answer until Tuesday when the trial resumes.