Medical examiner at Spector trial insists Clarkson murdered

US: LA deputy medical examiner Dr Louis Pena has ended his ordeal in the witness box at the Phil Spector murder trial insisting…

US:LA deputy medical examiner Dr Louis Pena has ended his ordeal in the witness box at the Phil Spector murder trial insisting that Lana Clarkson's death was murder and could not have been suicide, as the defence has suggested.

After four days of questioning over issues such as broken teeth and the procedures in the coroner's office, Dr Pena looked at deputy district attorney Alan Jackson and said he was sure about the murder decision and that nothing he had been told by the defence had changed his mind about the manner of Ms Clarkson's death.

"Are you satisfied that, through the totality of the investigation that you've been involved in, that the proper manner of death in this case is homicide and not suicide?" Mr Jackson asked.

"Yes," Dr Pena replied.

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Mr Jackson pressed on, asking if the material, including e-mails, introduced by defence lawyer Christopher J Plourd had led Dr Pena to reconsider.

"Is it your opinion still that Lana Clarkson's death was a homicide?" Mr Jackson said.

"Yes, it is," the coroner replied.

"The manner of death is homicide," Dr Pena flatly declared again near the end of his time on the stand on Monday.

Dr Pena performed the autopsy on Ms Clarkson, whose body was found at about 5am on February 3rd, 2003, in the foyer of Spector's mansion in Alhambra.

Spector (67) is accused of shooting Ms Clarkson in the mouth after the music producer spent the night drinking at several restaurants and clubs.

Spector had met Ms Clarkson (40) a few hours earlier at the House of Blues in West Hollywood, where she worked as a hostess for the foundation room, the club's VIP area.

The defence has said it will rely on scientific experts and evidence to show that Spector could not have shot Ms Clarkson, and attacking Dr Pena's findings was an important part of its strategy.

Los Angeles county superior court judge Larry Paul Fidler surprised the defence by ruling that Ms Clarkson's apparent diary could not be used to impeach Dr Pena.

The ruling was a blow to the defence, which had hoped to use the document, found on Ms Clarkson's computer, to undermine Dr Pena and raise questions about Ms Clarkson's lifestyle.

Judge Fidler said the defence could try to introduce the document when it presented its case.

Judge Fidler had indicated last week that he was inclined to allow the defence to introduce the document, titled "The Story of My Life".

The judge said he had read the document over the weekend and that it seemed dated, describing events in 1988 or 1989.

Dr Pena said he considered the possibility of suicide but decided that Ms Clarkson was killed, in part because there was no evidence that she had been despondent. It also made no sense that Ms Clarkson would go to a stranger's home and somehow find a gun to kill herself, Dr Pena said.

The ownership of the gun has not been established, but the prosecution insists it belongs to Spector.