法官的感觉而已,并无证实


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送交者: blackbox 于 2008-04-30, 17:20:39:

回答: Dr Henry Lee is the "Least credible witness" 由 Enlighten 于 2008-04-30, 16:09:32:

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神探英名毁了? 美法官认定 李昌钰涉湮灭證物(图) 综合新闻

享誉国际的刑事鑑定专家李昌钰,在美国洛杉矶为谋杀案被告作證时,被法官裁定涉嫌藏匿或湮灭犯罪现场的迹證。


此事若證明属实,李昌钰的声誉将遭受沉重打击。

知名音乐製作人菲尔‧史贝克特被控谋杀女星拉娜‧克拉克森,洛杉矶郡高等法院法官费德勒廿叁日裁定,辩方延请的鑑识专家李昌钰可能藏匿或湮灭在被告家中发现的「扁平、白色、不规则小物体」,没有提交给检方。

检方主张小物体是一截属於被害人的假指甲。如能寻获,将可證明被害人绝非如被告所称係自杀身亡。法官费德勒表示,他不能说那是一截指甲,但可以它说是「一截指甲大小的物品」。

检举李昌钰涉及藏匿湮灭證物的是被告的前任辩护律师莎拉.卡普蓝,她上周作證表示曾目击李昌钰用镊子将證物放进一个小瓶子里面。李昌钰则表示卡普蓝「人很好」,但是「弄错了」,误将他蒐證用的棉花棒当成假指甲,害他声誉受损,他从未捡起任何卡普蓝所形容的物件。法官费德勒廿叁日裁定前再度传唤卡普蓝,她也再度指證。


检方二○○叁年在女星克拉克森命案现场的蒐證录影画面,显示一个指甲大小的物体。法官裁定李昌钰(左图,本报资料照片)涉嫌藏匿这个證物。(美联社)

不过,法官费德勒指出,由於李昌钰和检方两造说法有所衝突,法院并无證据證明李昌钰确实涉及藏匿或湮灭證物,所以他不会判李昌钰蔑视法庭罪,也不会要求李昌钰交出證物,因为检辩双方都认为该物件已经不存在;但费德勒选择相信检方證人卡普蓝。

法官费德勒承认李昌钰是「世界知名的专家」,但也同时表示他发现卡普蓝「非常可信」。费德勒表示:「如果我必须在两者之间选择一人,我会选择卡普蓝女士比李博士更可信。」费德勒补上一句:「如果相关说法最後證明属实,李博士将损失惨重。」

不过,法官也拒绝应控方要求告诉陪审团,说发现李昌钰湮灭或藏匿證物。费德勒表示:「要说李博士到不可信的程度,这是不合适的。」费德勒强调检方不得引用他的裁定当作被告有罪的證明,但表示检方可以引用裁定质疑李昌钰的證词效力。

检方表示将传卡普蓝作證,质疑李昌钰的可信度。辩方律师则呛声回应:「儘管放马过来,我们也会传李博士作證。」

美联社记者试图请李昌钰发表对这项判决的意见,但李昌钰的助理表示他正在义大利旅行,目前无法连络上他。

全案起因於检方指控史贝克特涉嫌在二○○叁年二月叁日於洛杉矶自宅内,以手枪塞入克拉克森口中,将其击毙。检方指称被害人试图将枪推开,因而指甲脱落,若能发现指甲,可證明被害人绝非被告所辩称的自杀。卡普蓝指證李昌钰在命案隔天的二月四日进入凶宅蒐證时,藏匿可能的證物。

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Spector judge rules against defense
By LINDA DEUTSCH
AP SPECIAL CORRESPONDENT

LOS ANGELES -- The judge in Phil Spector's murder trial ruled Wednesday that a renowned forensic expert removed and hid a tiny but potentially important piece of evidence from the prosecution but will not be held in contempt.

Superior Court Judge Larry Paul Fidler rejected a prosecution bid to instruct jurors that Henry Lee is not a credible witness, saying he would allow them to make that decision themselves.

But he said the prosecution would be allowed to present all evidence on the issue, including that presented outside the presence of the jury, to impeach Lee's credibility if he testifies for the defense.

The prosecution contends the item was a piece of fingernail with the trace of a passing bullet that would show actress Lana Clarkson was resisting having a gun placed in her mouth. Her right thumb was missing a piece of acrylic fingernail after her death. The defense claims she shot herself.

Lee denied taking any such thing from the crime scene when he testified earlier.

The judge said that of all the witnesses who testified over several weeks in hearings on the issue, the only one that he found completely credible was attorney Sara Caplan. Caplan said she saw Lee pick up a white object with a rough edge and place it in a vial during a defense search of the foyer of Spector's mansion after police were through.

Said Fidler: "If Dr. Lee has this object, he's to produce it forthwith."

But the judge said he had little confidence that would happen, adding, "I'm not going to hold Dr. Lee in contempt."

Telephone messages seeking comment from Lee after the ruling were not immediately returned. An associate said he was traveling in Italy.

The ruling came weeks into the prosecution's case against Spector, 67, the producer whose "Wall of Sound" recording style transformed popular music in the 1960s and '70s. He's accused of shooting Clarkson through the mouth at his mansion on Feb. 3, 2003.

Clarkson, best known for the 1985 cult film "Barbarian Queen," had gone home with Spector from her job as a nightclub hostess.

Lee, former director of the Connecticut State Forensics Science Laboratory, has worked for prosecutors and defense attorneys in the high-profile cases of O.J. Simpson, William Kennedy Smith, Kobe Bryant, JonBenet Ramsey and others.

The judge acknowledged that Lee has "a large reputation."

"Dr. Lee has a lot to lose here," Fidler said in a hearing without the jury present.

In the Spector case, Lee has said his only findings at the scene were some white threads and a piece of bloodstained carpet.

Deputy District Attorney Alan Jackson displayed a picture taken inside Spector's home showing something white on a wooden floor that Lee said was a gouge in the floor.

"It's clearly a white object sitting atop the wooden floor," said Jackson. "He said it was a gouge. Is he lying or is he incompetent? That is not a gouge."

Deputy District Attorney Pat Dixon said the prosecution thinks it was Clarkson's fingernail. He suggested it would have proved that "her hand was in her mouth trying to push the gun away when Phil Spector pulled the trigger."

The object would have been helpful to the prosecution, "but we will never know because of Henry Lee, who in my opinion pocketed this item," Dixon said.

http://ido.3mt.com.cn/Article/200705/show740960c30p1.html




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