LOS ANGELES -- The judge presiding over the Phil Spector murder trial is expected to issue new jury instructions Thursday in an effort to break a jury deadlock.

Special Coverage: Spector Trial

Livestream (News Raw): Courtroom

Los Angeles Superior Court Judge Larry Paul Fidler said Wednesday that he would withdraw an instruction that was given to the panel before deliberations began because it apparently confused at least five of the 12 jurors.

If the jury deadlock persists and a mistrial is declared, prosecutors will have the option of retrying Spector, offering him a plea bargain or dropping the case.

In the current trial, Spector was tried for second-degree murder in the death of actress Lana Clarkson at his mansion in Alhambra in February of 2003. He says she shot herself.

Wednesday Report

The deadlocked jury in Phil Spector's second-degree murder trial will not be given the option of convicting the music producer of the lesser charge of manslaughter, the judge presiding over the case ruled Wednesday.

But Los Angeles Superior Court Judge Larry Paul Fidler said he will withdraw an instruction that was given to the panel before deliberations began but which has apparently confused at least five of the 12 jurors.

Video

Spector, 67, is accused of shooting 40-year-old Lana Clarkson through the mouth around 5 a.m. Feb. 3, 2003, in the foyer of his Alhambra mansion.

On their seventh day of deliberations, jurors notified the court yesterday they had reached an impasse after nearly 32 hours of discussions in a trial that produced 77 witnesses testifying beginning April 26.

Images: Many Faces Of Phil Spector

Images: Timeline Of Spector Case

The jury foreman said the nine-man, three-woman panel was split 7-5. At the judge's request, the foreman did not indicate which way the panel was leaning on the second-degree murder charge against Spector.

Fidler said Tuesday he was considering giving the jury the option of considering the lesser offense of manslaughter against Spector, but after hearing arguments from attorneys Wednesday, he decided against it.

"We'd all like this case to get resolved in this case and especially have the jury arrive at a result, given the amount of time that has been spent on this case, both by us, by the jurors, by the families," Fidler said. "I mean, this case has been ongoing since 2003.

" ... At a certain point in deliberations, not at the beginning, after the jury has arrived at an impasse, to then give them a new offense -- which in essence is what manslaughter is; it may be a lesser offense, but it is a new theory of culpability, if you will -- is in essence saying to them in my mind, 'Well, if you can't find him guilty of what you have, try this.'

"And I have a problem with that. And as I believe the Supreme Court and the appellate courts have had a problem with. It's not so much the words. It's basically the timing when they've reached an impasse and to say, `OK, if this doesn't work we'll give you this.' Because it's basically indicating to the jury we want you to come to a verdict, and we'll give you this other option."

The defendant, who maintains Clarkson shot herself because she was despondent over her career and finances, faces 15 years to life in prison if convicted of second-degree murder, with a possible added 10-year penalty for use of a firearm.

In sharp contrast, a manslaughter conviction would have carried a two-to four-year sentence, with a possible enhancement for use of a firearm ranging from three to 10 years, according to the Los Angeles County District Attorney's office.

Under questioning from Fidler Wednesday, some jurors said they were confused by a jury instruction written by defense attorney Dennis Riordan. "Special Instruction 3" reads that the prosecution must prove beyond a reasonable doubt that Spector pointed a gun at Clarkson and the gun ended up inside her mouth while in Spector's hand.

"If you do not find that the prosecution has proved beyond a reasonable doubt that the defendant committed that act, you must return a verdict of not guilty," the instruction reads.

On Wednesday, at least five jurors raised their hands when Fidler asked them if the instruction was confusing.

"I think some jurors may have a question on whether every element of that instruction must be proved beyond a reasonable doubt," said juror No. 2, a "Dateline NBC" producer.

Juror No. 5, an administrative assistant for the deputy mayor of Los Angeles, said she was concerned that some jurors were focusing on that instruction alone and not viewing the total picture. The foreman, juror No. 10, said some jurors were having difficulty defining what exactly was reasonable or the totality of the evidence. Fidler responded that those things were for the individual jurors to determine.

Deputy District Attorney Alan Jackson demanded the instruction be withdrawn as it "pigeonholes" both the prosecution and the jury. Defense attorney Bradley Brunon said the instruction was "central" to the defense's case and should be left unaltered.

But after hearing arguments from lawyers, Fidler said he will withdraw the instruction.

He said he would allow the attorneys to make more arguments to the jury before the panel resumes deliberating, but Riordan, who contacted the court via telephone, vehemently objected to reopening arguments. Jackson said the prosecution was content with the judge simply re-reading jury instructions.

Fidler sent jurors home for the day, telling them to return at 10 a.m. Thursday. Attorneys are due back in court at 9:30 a.m. to argue other matters in the case.

If the jury deadlock persists and a mistrial is declared, prosecutors would have the option of retrying Spector, offering him a plea bargain or dropping the case.

Spector and Clarkson met when he went to the House of Blues on the Sunset Strip, where she was working as a $9-per-hour VIP hostess. Spector, who had spent the night on the town dining and drinking with two other women, invited Clarkson to come home with him. Hours later, she was dead.

Prosecutors have suggested that Spector shot Clarkson when she rebuffed his romantic advances. Five women testified that Spector pulled guns on them in similar situations over the years when they tried to leave his presence.

The defense contends that Clarkson was depressed about her career, but also suggested that she may have accidentally pulled the trigger. She had been drinking tequila and taking pain medicine.

Clarkson was best known for her starring role in the 1985 Roger Corman cult hit "Barbarian Queen," though she had bit parts on dozens of TV shows and in a few well-known movies, such as 1982's "Fast Times at Ridgemont High."

Spector, renowned in music circles for the "Wall of Sound" recording technique he invented in the 1960s and used in his work with the Beatles and other groups, is free on $1 million bail.