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[GRAPHIC: FOX news live]
MALE VOICE: --to Los Angeles now in the Phil Spector murder trial. His former attorney Sarah Kaplan [phonetic] faces jail time if she does not appear to testify in court today.
[GRAPHIC: SPECTOR TRIAL, FORMER SPECTOR ATTORNEY MUST TESTIFY TODAY OR FACE JAIL TIME]
MALE VOICE: Kaplan held in contempt of court last month for declining to testify about what she says she saw at the crime scene. Meanwhile, one witness says victim Lana Clarkson suffered from severe depression.
Former prosecutor and defense attorney Anna Fitz joins us now live. Anna, why jail time ahead for this former attorney?
ANNA FITZ: Well, this attorney is refusing to testify on the grounds that the information is privileged by the attorney-client privilege.
[GRAPHIC: SPECTOR TRIAL, MUSIC PRODUCER'S FMR ATTY MUST TESTIFY OR FACE JAIL TIME]
ANNA FITZ: However, the attorney-client privilege isn't invoked unless it's actually communications between the client and defense counsel. So she's bringing up a false reason.
[GRAPHIC: SPECTOR TRIAL, FORMER SPECTOR ATTORNEY MUST TESTIFY TODAY OR FACE JAIL TIME]
MALE VOICE: So she doesn't really have the grounds to refuse to testify?
ANNA FITZ: No, she really doesn't in this case.
MALE VOICE: This goes back to the fingernail or bit of fingernail--
[GRAPHIC: SPECTOR TRIAL, DEFENSE WITNESS SAYS LANA CLARKSON WAS DEPRESSED]
MALE VOICE: --that she apparently said at one point that she saw on the floor, something that Dr. Henry Lee [phonetic], the famed pathologist, picked up, right?
ANNA FITZ: Right.
MALE VOICE: And Lee has said, "I didn't pick up any fingernail. I didn't do anything with it."
[GRAPHIC: SPECTOR TRIAL, MUSIC PRODUCER'S FMR ATTY MUST TESTIFY OR FACE JAIL TIME]
MALE VOICE: If there was a bit of fingernail on the floor, what does that do for Phil Spector's case?
ANNA FITZ: Well, you know, I think the fingernail is really a moot issue in this case. The prosecution is saying that it's indicative that there was a struggle between Ms. Clarkson and Phil Spector. However, if--anybody who has worn acrylic nails before knows that they just pop off if you're knocking something--
MALE VOICE: Yeah.
ANNA FITZ: --a certain way. And so if she was shooting the gun and there was a recoil from the gun, the nail could've just as easily have popped off that way as if there was a struggle. So I don't really think there is any indication either way for either side.
[GRAPHIC: SPECTOR TRIAL, DEFENSE WITNESS SAYS LANA CLARKSON WAS DEPRESSED]
MALE VOICE: And very quickly, a former friend of Lana Clarkson testified she was depressed?
ANNA FITZ: Yes. Yeah, that is great for the defense. And that would be my guess why the prosecution is really pressing this fingernail issue is they are grasping to straws here.
[GRAPHIC: SPECTOR TRIAL, DEFENSE WITNESS: ACTRESS HAD HIT ROCK BOTTOM FINANCIALLY]
ANNA FITZ: Their case is falling apart as the defense case is starting to gather steam.
MALE VOICE: It's going to be an interesting one to watch. Anna Fitz, thank you very much.
ANNA FITZ: Thank you.
