Posted on 08/27/2002 5:18:19 PM PDT by Shermy
LOS ANGELES -- A judge granted defense lawyers a later hearing date of Nov. 13 for the preliminary hearing for Robert Blake and his bodyguard. The two are charged in the shooting death of the actor's wife on May 4, 2001.
Lawyers for Blake and his bodyguard joined forces Monday to demand that their preliminary hearing be postponed until November, saying they are overwhelmed by evidence just disclosed by prosecutors in the murder case.
The attorneys said newly disclosed evidence includes a taped conversation between Blake's slain wife, Bonny Lee Bakley, and an unidentified person she was encouraging to murder the wife of singer Jerry Lee Lewis so that Bakley could become his wife.
"There is no follow-up investigation of this tape or even an interrogation of the person talking to Bonny Bakley," said attorney Harland Braun, who represents Blake.
Bakley has a daughter named for Lewis and, for a time, she claimed it was his child. He has denied paternity.
Braun has said repeatedly that many people other than Blake had a motive to kill the 44-year-old woman who gave birth to Blake's child, Rose, in June 2000. Bakley was shot to death May 4, 2001, outside a restaurant the couple had just visited.
A preliminary hearing is an important step in a criminal proceeding, determining whether defendants must stand trial on the charges brought by prosecutors.
Attorney Arna Zlotnick, who has maintained a low profile as the attorney for co-defendant Earle Caldwell, stepped forward with her own motion saying she needs another 90 days to study the latest 7,000 pages of evidence turned over to the defense.
"I think they don't want us to be prepared," she said in a phone interview. "They want us to be caught off balance. It's a tactic that's disturbing."
She said it has become clear that prosecutors arrested Blake long before their investigation was complete -- moving to bring him in before former Police Chief Bernard Parks resigned.
Braun filed his own motion saying, "Mr. Blake would rather sit in jail than have his defense compromised by inadequate preparation."
He said that initial perusal of some 45,000 documents, 240 tapes, 1,100 exhibits and 2,700 photographs has yielded important new information.
"For example, the defense has uncovered a 'stalker tape' in which Bonny Bakley complains to Robert Blake that she is being stalked across the entire country," said the motion. "There is no report showing any investigation of this stalker."
In another tape, Braun said, Bakley, who was in trouble with the law, complains to her parole officer that "she has been almost killed a half-dozen times."
In a separate motion, Braun vehemently opposed a decision by Superior Court Judge Lloyd Nash to admit TV and still cameras to a pretrial hearing scheduled Tuesday.
"This is a 'Hollywood' case," the motion said. "... There are numerous people who will do anything to get a role in Hollywood, including injecting themselves into a Hollywood murder trial.
"Adding cameras to the proceedings is only an inducement to have these celebrity-obsessed witnesses enhance their testimony so their role will become more important."
Braun also argued that the "Hollywood hype" surrounding a live broadcast will undermine trust and confidence in the judicial system.
"When asked to choose between the Lloyd Nash show and the Jerry Springer show, the public will logically equate the two," the motion said.
"It rarely makes a court more dignified to make it appear to be another television show, court show, or to be equated with daytime television," Braun said.
District attorney's spokeswoman Sandi Gibbons said, "We are not opposed to cameras in the court." She added, "We believe we need to have a preliminary hearing soon. We'd like a preliminary hearing 10 days from tomorrow."
OK. So how does this exonerate Blake?
Plus Blake has an alibi "I couldn't have shot her...I was going to get my gun at the time" ...don't know if that one will work.
I agree, but in and of itself, I don't see how the tape positively rules OUT Blake, or, exonerates him in any way.
Blakely WAS a low-life, other people DID have possible motive to kill her, but, assuming the DA has forensic evidence against Blake, I just don't see how the tape changes much of anything with respect to him. IOW, it doesn't provide Blake with an alibi regarding his OWN gulit/innocence.
Maybe I don't understand the trial process. Does Blake have to "positively rule out" himself as the killer? I thought that the prosecution had to positively rule him in as the killer. But then I guess that I don't know much about California law.
Well, let me give you a for instance...
Suppose that while OJ was still in jail, awaiting his murder trial, a tape surfaced showing that Nicole had discussed killing someone. Now, while that would be dastardly on her part, and the defense would be able to infer to the jury that Nicole (in our hypothetical) was a "low life", would the existance of that tape RULE OUT O.J. as Nicole's killer?
The Van Dam's had a lifestyle that many people think is "low life" but that did not Rule out Westerfield as Danielle's killer.
Resigned? I thought he was fired.
This does make things tough for Braun since Blake has been sitting in jail for a year. My guess is, this case will come down to physical evidence. Braun is smart enough to know that any number of people would have a motive to kill Bakley, including Hollywood hangers-on who would do favors for anyone with a profile.
I notice Bakley's family didn't give a sneeze of protest to Rose's custody being awarded to Blake's eldest daughter. I guess she's better-off.
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