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Spector AG Response Brief Oct 10-1

Spector AG Response Brief Oct 10-1

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Published by Betsy A. Ross
Phil Spector Case BA255233 Respondent's Brief filed 10-13
Phil Spector Case BA255233 Respondent's Brief filed 10-13

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Published by: Betsy A. Ross on Oct 14, 2010
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12/21/2012

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In 2001, Marc Hirschfeld, then the executive vice-president of casting
for NBC Entertainment, had known Clarkson for 20 years, cast her in
“Who’s the Boss,” and thought well of her as an actress and as a person.
After seeing Clarkson’s demo reel in 2001, Hirschfeld wrote an
encouraging letter to her praising the reel and telling her that she was a
terrific actress. Hirschfeld thought that Clarkson had talent and was

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someone that he would keep in mind for projects. (38RT 7464-7467, 7477-
7478, 7483-7486.)

A letter dated August 28, 2001 was addressed to Clarkson and signed
under the name Marc Hirschfeld. Hirschfeld did not write the letter and
was disappointed, but not stunned, to learn that Clarkson had written this
letter and signed his name. Clarkson’s letter stated that she was a
“beautiful woman and talented performer” and that Hirschfeld would be
willing to bring a videotape to the attention of the president of casting if she
could get a “finished product” to him. (38RT 7468-7477; Def. Exh. 607.)
The point of this letter was to “hurry up” and complete the videotape so
Hirschfeld could give it to his superiors. (38RT 7482-7483.)

6. Intoxicated and Despondent at Gregory Sims’s
Party

Gregory Sims, an independent producer also in the music business,
was a casual friend of Clarkson and a close friend of Punkin Pie Laughlin,
who also knew Clarkson. (40RT 7891-7895; 41RT 8010.) Sims viewed
Clarkson as a happy, upbeat, fun, bubbly person that he and others loved to
be around. Clarkson worked hard and persevered in show business and had
hopes and dreams of success. (41RT 7970-7972.)
The Tuesday before Clarkson died on February 3, 2003, she went to a
party at Sims’s hotel room in Century City and drank a lot of alcohol. At
about 1:30 a.m. or 2:00 a.m., Clarkson was the last guest remaining and,
while continuing to drink, had a conversation with Sims in which she cried
about being very unhappy in her life. (40RT 7896-7909.) Clarkson talked
about “sort of being at the end of her rope” and “not having a reason to
live . . . .” Clarkson was as despondent as anyone he had ever seen. (40RT
7904, 7906-7908; 41RT 7982.)

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During the first trial, Sims did not testify that Clarkson said anything
about not having any reason to live or not wanting to go on. (41RT 7979-
7981.) Instead, he testified in the first trial that Clarkson’s distress about
not being further along in her career was not uncommon and that it was not
unusual for people in show business to express feelings like Clarkson did.
(41RT 7984-7986; see First Trial (“FT”) 47RT 8152-8154.) In the second
trial, Sims acknowledged that he “added a level” to his description about
Clarkson’s state on that night. (41RT 7986-7987, 8007-8008.)
Sims placed bands to play at the Backstage Café in Beverly Hills.
Sims did not know that two of the owners of the Backstage Café were Dan
and Dave Kessel, who used to work as bodyguards for appellant. This was
just a coincidence and had no influence on Sims’s testimony. Sims also
had no ulterior motive in testifying based on appellant being an influential
person in the music business. (41RT 8010, 8012-8014.)

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