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CNN Live Today

Interview With Defense Attorney William Portanova

Aired April 19, 2002 - 14:48   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: OK, we want to continue our conversation about the arrest of actor Robert Blake. We want to talk a little bit more, resume our conversation, with criminal defense attorney and former California prosecutor, William Portanova. And whether it case and its impending trial will be at all reminiscent of the other so-called "trial of the century," and that involved O.J. Simpson.

William, you don't see any similarities here. You were about to say, before we went to President Bush earlier, that you don't see that this is going to be yet another O.J. Simpson type trial. Why?

WILLIAM PORTANOVA, CRIMINAL DEFENSE ATTORNEY: No, I don't. That was an extraordinary case set against an extraordinary background. There was intense racial tension in Los Angeles at that time because of some other cases that had been in the news -- the Rodney King case, for example.

There was an intensely racial component to the trial itself, with the Los Angeles Police Department and its relationship with the black community down there being front and center. All of those issues are missing here.

WHITFIELD: But sans race, we are talking about a high-profile case, given the fact that it is involving a Hollywood legend.

PORTANOVA: It is a high-profile case involving a Hollywood legend. They have great attorneys, I'm sure, on both sides. But I don't think we'll have the circus atmosphere that we had.

I don't think we'll have the real emotional involvement that all the people of Los Angeles had in the O.J. Simpson case. There was real fear in that case, as to what was going to happen as a result of that. There were real racial issues that were absolutely provoked and stimulated on both sides.

Here you have pretty much an ordinary murder case. And if it wasn't for the fact that Mr. Blake was once a successful actor, we wouldn't even be talking about it. It is a good case for the defense. I don't see a strong prosecution case here.

WHITFIELD: But what about the lessons learned on the evidence gathering and the prosecutorial levels, post and during the O.J. Simpson trial? That has kind of set precedents on a lot of changes that ensued in the Los Angeles County area. How do you see that kind of spilling over into this case?

PORTANOVA: Well, as you know, there is a new district attorney in Los Angeles. And I think that they have changed things around quite a bit. The district attorney has responsibility for the crime lab and some of the other major components.

There were parts of the O.J. Simpson case lab work that were extremely shabby. And in this case so far, I'm not sure that we even know if any lab work exists, if there's any blood work at all. Under a new administration in the Los Angeles District Attorney's office, they may select a prosecutor with more experience in exactly this kind of case, as opposed to simply letting it be randomly assigned.

WHITFIELD: And do you think, in part, a great amount of caution was taken, example being, several months passed, nearly a year has passed since the murder. And it seems as though, you know, all this time that has elapsed, some might conclude that an awful lot of caution was taken before there really willing to make an arrest.

PORTANOVA: I think that's true. I think that they have done -- they've run down every lead that was presented to them by the defense attorney when he sort of exposed sort of the seamy underbelly of the victim's life.

I think they ran all those leads down in an attempt to sort of preclude other suspects. And I think they probably left no stone unturned, since they took a year. This probably means a more professional, thorough investigation by the police.

In an odd way, though, it may actually help Mr. Blake on a couple of issues. For example, bail. He's been under investigation for a full year. And he has not chosen to flee in any way, so there's a good chance that, having been under investigation for a year and being trustworthy and staying within the jurisdiction, that a judge will be much more inclined to release him on bail, despite the prosecutor's objection.

WHITFIELD: All right, William Portanova, thanks for sticking around so we could complete this conversation. Appreciate it. Criminal defense attorney and former California prosecutor.

PORTANOVA: Thank you.

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