The Judge sent the Phil Spector jury home today after it advised the judge it was deadlocked, 7 to 5. (Background here.)

The Judge is hearing arguments this afternoon as to what to do. I think he should declare a mistrial. One thing he shouldn't do, as apparently he's contemplating, is give the jury a lesser charge to consider at this late date.

The parties agreed to only submit the murder charge. The Judge endorsed that decision.

Superior Court Judge Larry Paul Fidler told attorneys Wednesday he pondered whether there could be "lesser included offenses," which might allow the jury to consider voluntary or involuntary manslaughter rather than murder. "I don't see it," he concluded. Both the prosecution and defense agreed that the legal definitions of lesser crimes do not fit this case.

The parties relied on there only being a murder charge in composing and delivering their closing arguments. To allow the jury to consider a charge neither side had the opportunity to address and argue would be manifestly unfair in my view.

The Judge should declare a mistrial.