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Actor LILLO BRANCATO JR. was unaware his accomplice had a gun when they embarked on a desperate search for drugs on the night he was arrested for the killing of an off-duty police officer, his lawyers have claimed.
Former Sopranos star Brancato, 32, is charged with second-degree murder in the 2005 death of Officer Daniel Enchautegui.
According to police, the actor and his accomplice, Steven Armento, broke into an apartment in The Bronx, New York in 2005 to steal drugs after a night of drinking at a strip club.
Enchautegui, who lived next door, came out to investigate and Armento shot the 28-year-old officer in the heart.
The officer fired back, wounding both men, but he died from his injuries shortly afterwards.
Brancato’s attorney, Joseph Tacopina, told the New York court the only culprit was Armento, who was convicted of first-degree murder on 30 October (08) and has been sentenced to life in prison without parole.
In his opening argument, Tacopina denied Brancato ever entered the apartment, and said his client did not know Armento was armed.
He told the jury, "Lillo was there to satisfy his addiction. But he wasn’t there to do violence - and that’s important." Prosecutors agreed Brancato suffered from a severe drug problem.
The actor faces life in prison if convicted of murder and burglary. The trial continues.

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Former PLATINUM BLONDE rocker KENNY MacLEAN has been found dead following the launch party for his latest album.
The bassist, who left the band to pursue a solo career, was found by his sister in his Toronto, Canada apartment on Monday (24Nov08) afternoon.
The star is believed to have passed away following a suspected drug overdose sometime over the weekend (22-23Nov08) following a bash celebrating the release of his new LP, Completely, on Friday (21Nov08) night.
MacLean was last seen performing tracks from his new record at the event venue Mod Club, owned by former bandmate Mark Holmes.
MacLean’s friend Angel Marr tells Canoe Jam, "We don’t know if he died right after the party or later. I’m in shock. I’ve known Kenny for 15 years."

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MATCHBOX TWENTY rocker ROB THOMAS is desperately trying to save two badly injured horses from further harm from their neglectful owners - even offering to pay $10,000 (£6,710) for the animals.
The singer has been moved by the plight of the equines, which are being cared for by animal sanctuary Pets Alive - but is distraught to hear the owners "are still trying to get these horses back".
Thomas was prepared to hand over the cash for the steeds - but his efforts have been rejected.
He tells the New York Daily News, "Hopefully, (they’ll do) what’s best for the animals."

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The talent scout who discovered GUNS N’ ROSES was kicked out of a recent Hollywood listening event for the band’s new album CHINESE DEMOCRACY.
Tom Zutaut was the man responsible for signing Guns N’ Roses to Geffen Records back in the 1980s, marking the start of a hugely successful career for the rock band.
But relations between Zutaut and Roses frontman Axl Rose have become frayed in recent times - culminating in the former music executive being shown the door by security guards at a listening party held at the Roxy Theater in West Hollywood earlier this month (18Nov08).
Zutaut revealed all about the incident to website Blabbermouth.net - but insists he is not bitter towards Rose and is a fan of the new record, which took 15 years and cost $15 million (£10 million) to produce.
He says, "Yeah, sadly it is true that I was escorted out of the Roxy by a beefy security guy just prior to the last three songs of the playback. I did stand on the sidewalk and hear the last three anyway.
"I believe that love and hate are a complicated thing but ultimately the same thing. I love Axl and think Chinese Democracy is a genius body of music.
"It is sad and disappointing to me that those around Axl would lie to him to fuel his hatred towards me with imaginary events used to drive a wedge between us."

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The 2008 Dirty Awards in Atlanta, Georgia, ended in chaos on Monday (24Nov08) when police were forced to break up a scuffle between members of T.I.’s entourage and rival rapper SHAWTY LO’s D4L camp.
The fourth annual hip-hop prizegiving, which was held at the Georgia International Convention Center and hosted by David Banner, had to be halted by authorities after two separate fights between feuding groups.
According to AllHipHop.com, the trouble began when Shawty Lo took to the stage to perform Don’t I - his version of Ain’t I, a track originally recorded by T.I.’s artist Yung L.A.
The performance was interrupted when an audience member - reported as rising rapper Alfamega - threw a chair on stage in protest to the song’s lyrics, which allegedly included shots at T.I.’s Grand Hustle crew.
Another member of Grand Hustle rushed the stage, sparking a fight with Shawty Lo and prompting security to intervene.
Moments later, T.I. came on stage to accept an award - and he used the opportunity to distance himself from the night’s violence, scolding the misbehaving rappers for disrupting the event.
But when the Live Your Life hitmaker played a set that included his own verse from Ain’t I, more trouble ensued, with one member of Grand Hustle jumping offstage and into the crowd, allegedly assaulting a man believed to be Shawty Lo’s brother.
Cops were called in to put an end to the clash, using pepper spray to break up the fight, before shutting down the ceremony altogether and evacuating the audience.
Information about award winners was unavailable as WENN went to press.

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Director JOHN WATERS is facing legal action after a Grammy-winning songwriter accused him of hijacking a Christmas carol.
Theodore ‘Teddy’ Vann alleges Waters added his jingle Santa Claus is a Black Man to a holiday compilation, despite rejecting Waters’ initial request to use the tune.
Waters used the song on A John Waters Christmas, released in 2006.
In the claim, filed in New York’s Brooklyn Federal Court, Vann says the Hairspray director caused further damage when he ridiculed the song in interviews, calling it "crackpot carol" and a "Christmas lunatic song".
Vann is seeking unspecified monetary damages in the case.
His lawyer, Kenneth Thompson, tells the New York Daily News, "Mr. Waters is going to be forced to come to Brooklyn and explain to a jury how he stole the song. You can’t just steal someone’s song because you have power and money." A spokesman for Time Warner, the parent company of New Line Records, which released the album, had no immediate comment.

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R&B star BRANDY lost the will to live after the terrifying 2006 car crash that left another driver dead - admitting she felt "in limbo" after the accident.
The singer, full name Brandy Norwood, walked away from the California freeway collision, but 38-year-old Awatef Aboudihaj died from her injuries.
Brandy tells Vibe magazine she prayed every day after the accident, adding, "There was a point when I didn’t feel like it was OK to live on - because someone else lost their life.
"I really didn’t know what to do. I was in limbo for a long time… I didn’t go outside for months." The Afrodisiac hitmaker was never charged with any wrongdoing in the crash, but Aboudihaj’s family are pursuing a $50 million (£33.5 million) civil action for wrongful death against the star.
The trial is set for April 2009.

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BRITNEY SPEARS is allowed to go on dates - but only if she is under the supervision of her assistant and members of her management team.
The star split from ex-husband Kevin Federline in 2006 and was subsequently linked to British paparazzi photographer Adnan Ghalib. The relationship dissolved earlier this year (08) following a breakdown which saw her admitted to a Los Angeles hospital for psychiatric evaluation.
And now as she embarks on a career comeback with her new album, Circus, Spears admits that she is able to date - but only under the watchful eye of her assistant, known only as Brett, and Adam Leber, a colleague of her manager Larry Rudolph.
And Spears reveals she enjoys her time back on the single circuit - even though her dates have not been much of a success.
She tells Rolling Stone magazine, "Right when we got there, we just knew it was just bad. He looked like an older version of Harry Potter, but skinnier…
So I had to get dessert first. And the other date I had, the guy was really, really tall and a lot older… We’re trying to ask him questions, like, ‘OK, you’re into martial arts, so what kind of martial arts are you into?’ And he was like, ‘Oh, all kinds.’ But you know how silly we are, so we were just cracking up."

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Funnyman CHRIS ROCK fears for the future of troubled singer AMY WINEHOUSE - and has pleaded with the star to sort out her drug problems.
The comedian is a big admirer of the Back to Black hitmaker - but believes she won’t be able to make another record if she continues with her wild ways.
And Rock puts Winehouse’s destructive behaviour down to a lack of guidance as a youngster.
He says, "Someone should have told Amy about the risks of crack cocaine when she was a kid. No one told her to lay off crack when young and she’s suffering the consequences.
"I’m a big fan and we all want another Amy Winehouse album. But she’s so into drugs, she can’t get it together with her music."

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BRITNEY SPEARS blames her ex-husband KEVIN FEDERLINE for teaching their three-year-old son to swear.
The pop superstar currently shares custody of Sean Preston, three, and Jayden James, two, with Federline following their split in 2006.
But, despite being full of praise for her former spouse’s parenting skills, Spears is not impressed to hear her sons mimicking his explicit language.
She tells Rolling Stone magazine, "(The boys) are starting to learn words like stupid, and Preston says the f-word now sometimes. He doesn’t get it from us. He must get it from his daddy. I say it, but not around my kids."

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Talkshow queen OPRAH WINFREY has urged a judge in the U.S. to dismiss a defamation lawsuit brought against her by the former headmistress of her South African school.
Nomvuyo Mzamane, who led the South African Leadership Academy for Girls, filed a civil lawsuit against Winfrey in Philadelphia in October (08), claiming the TV star "launched a defamatory campaign" against her last year (07) in relation to an abuse scandal at the school.
The suit cites comments to the media Winfrey allegedly made in October and November last year (07) after a dorm matron at the school was charged with assaulting and abusing six students.
But now Winfrey has hit back at the suit - her lawyers have asked the federal courts to drop the case.
Winfrey’s attorney, Carl Solano, tells E! News, "Ms. Winfrey is not subject to personal jurisdiction. She doesn’t live here (in Philadelphia), her business is not here so this is not the correct jurisdiction for which she can be sued.
This doesn’t belong in court to begin with, but if the matter does proceed then it should go to arbitration…subject to the arbitration provision of the plaintiff’s employment agreement." Mzamane is seeking more than $250,000 (£166,667), claiming she has been unable to find work after returning to the state following the scandal.

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TOM CRUISE is keen to expand his family with KATIE HOLMES - but is waiting until his wife finishes her current stint on Broadway before trying for another baby.
Holmes is starring in a new adaptation of Arthur Miller’s All My Sons and will be based in New York until the end of her run, which is expected to finish early next year (09).
And Cruise admits the couple - who already have two-year-old daughter Suri are keen for another baby, but they have to wait until Holmes returns to the family home in California.
Cruise says, "We have already heard she’s pregnant but it’s not true. But yes, we will have more children. I’m saying this, but Kate’s not here! She’s working and we’re enjoying this time right now. It’s very precious, we don’t get this time back.
"When Suri was born we shut everything down for months, just to be with Suri and the kids. But now I’m making movies and Kate is loving being on Broadway because it has been a dream of hers, so we are enjoying this time too." And the Hollywood actor reveals he was delighted to become a father again but admits his previous experience with adopted children, Connor and Isabella, came in handy.
He adds, "It came right back. It was especially nice as it was Katie’s first time. I knew the drill… it’s gas, diaper, hungry. It’s magical to have that."

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Hollywood actor TOM CRUISE is determined to make sure his daughter SURI doesn’t grow up afraid of the paparazzi.
The star and his wife Katie Holmes attract a constant following of snappers wherever they go.
And when the couple’s first child was born, Cruise began to fear that the crowds of people with cameras would have a negative effect on the tot.
But the Top Gun actor reveals the two-year-old has been blessed with a very carefree nature and has been taught not to see the paparazzi as a threat which is why she is often seen smiling and waving in pictures.
Cruise says, "I don’t want her to be afraid of people. As a parent you protect your children, but Suri is a very open and warm child and she will just wave to people on the street. She is such a happy, fun girl. It is certainly different these days with the media, but people have been very good to us and do give us space so I am not going to be difficult." And Cruise admits that he is often grateful to the snappers - because they provide some good family photographs.
He adds, "I have to say some of those paparazzi shots of my daughter are incredible."

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SEX AND THE CITY actress KIM CATTRALL has stripped off in the name of art posing half naked in a bid to keep a famous Renaissance painting in Britain.
The sultry star has posed seductively in a photographic remake of Italian classic painting Diana and Actaeon to raise awareness of Britain’s National Galleries’ campaign to keep the classic work in the U.K.
The painting is owned by the Duke of Sutherland, who has given gallery officials until December (08) to raise the funds needed to buy the artwork on behalf of Britain - or the item will be sold to foreign bidders.
And Cattrall hopes her naked ambition will help raise much needed funds to keep the painting in the country of her birth.
She tells the BBC’s Culture Show seeing the painting is "like being in the presence of genius."

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SIR PAUL McCARTNEY has announced he is happy for people to download music illegally - just as THE BEATLES’ deal with music giant iTunes fell through.
McCartney recently revealed that a contract which would have seen the Fab Four’s back catalogue released online was abandoned after Apple Corps bosses and EMI executives failed to agree on terms.
And now McCartney insists he doesn’t have a problem with people who take music from the internet without paying for it, although he does find the whole concept a little baffling.
He says, "It’s weird for me (the concept of downloading). I’m not from that.
I’m from going into a shop and buying a 45. We’ve come through vinyl, tapes and CDs - it’s all the same, except people don’t pay for it (now). I don’t mind. It works out." And the music legend is full of praise for British rockers Radiohead who took the innovative step of releasing their latest LP, In Rainbows, through the web and allowing fans to name their own price for it.
McCartney adds, "I like it, it’s a new idea. I like its anarchic-ness. I thought about buying it for one pence and telling my friends I’d paid £10!"

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Actress CARRIE FISHER had a string of embarrassing run-ins with her parents when she was younger - because her family called in their celebrity friends to help in her battle with drugs.
Fisher has publicly spoken of her long-running struggle with a variety of addictions and has now revealed that her parents used their famous pals to keep an eye on her.
Fisher’s father, Eddie, was so sure she was taking narcotics he convinced the late Cary Grant to give her some advice.
Fisher calls the experience "completely humiliating" in her new book, Wishful Drinking.
And the actress’ mother, Debbie Reynolds, also spent many years worrying about her daughter - Fisher recalls one incident when she was in London and Reynolds panicked after being unable to reach her on the phone.
The Star Wars beauty adds, "She called Ava Gardner, and she asks Ava to come to my hotel and get the concierge to let her into my room to make sure I’m not dead."

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British heart-throb ROBERT PATTINSON was forced to fix his teeth before filming new movie TWILIGHT - because producers wanted him to have an alluring smile.
The Harry Potter star was delighted to land the lead role in the new vampire tale, but admits he was less than impressed when movie officials pushed him into some major dental work before the shoot.
He says, "They wanted me to have the perfect smile. I never thought anything was wrong with my teeth. But the producers still wanted me to wear a brace."

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THE KILLERS frontman BRANDON FLOWERS has explained why he shaved off his famous moustache - it didn’t complement the band’s fresh new pop sound.
The singer decided to get rid of his beloved facial hair in time for the release of their latest album, Day & Age - as he felt it didn’t suit the mood of the Las Vegas group’s new record.
He tells British newspaper the Daily Star, "I decided that the person who sang these songs didn’t wear a moustache." The band recorded their LP with the help of Madonna’s music guru Stuart Price - and they are delighted with the input of the super producer.
Drummer Ronnie Vannucci says, "It was really, really fun for me on this record. I was able to do so much more than I was ever able to get away with before, with ideas." Flowers adds, "There’s something cosmic and galactic about what he does I think."

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