“If the people have not been prejudiced, I’m not going to give it,” he said.” Spector, 67, is charged with the Feb. 3, 2003, murder of Lana Clarkson, who was killed by a gunshot wound to the mouth during a visit to the legendary music producer’s mansion. The defense maintains the 40-year-old actress shot herself. Tuesday’s hearing took place while the trial was in recess because of the prior commitment of a juror. It was to resume today. Similar hearings also were held last week while the jury was in recess because of a defense attorney’s illness. Left unresolved was the mystery of a missing piece of fingernail from Clarkson’s body that was the center of much discussion during the hearings. Fidler said he is still awaiting testimony from Dr. Henry Lee on that issue. After days of hearings, the judge in the Phil Spector murder trial declined Tuesday to issue sanctions against defense attorneys for being late in disclosing evidence, but warned that if he finds by trial’s end the prosecution’s case was harmed he will take action. Superior Court Judge Larry Paul Fidler rejected a prosecution request to ban testimony by defense witnesses whose information was revealed to prosecutors later than allowed. “If you obtain a conviction,” he told prosecutors, “and I excluded any defense witness, that would be grounds for reversal. That is an extreme remedy.” Before trial’s end he said he would consider telling jurors that the defense had wrongfully withheld evidence. But he said he would have to be convinced of a significant violation that harmed the prosecution case before he would do so.