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CNN Live Today

Robert Blake Expected to Face Formal Murder Charges

Aired April 22, 2002 - 14:09   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.
KYRA PHILLIPS, CNN ANCHOR: We're going to move over to Los Angeles now. And in the courtroom this afternoon, actor Robert Blake is expected to be formally charged in his wife's murder. CNN's Thelma Gutierrez is tracking the case. She's been there all morning. She joins us now with more details -- Thelma.

THELMA GUTIERREZ, CNN CORRESPONDENT: Kyra, that's right. That arraignment has been delayed several times today. In fact, we're hearing now that the earliest it will happen is 1:30 Pacific, 4:30 Eastern Time. As you have mentioned, Robert Blake is expected to be charged with murder, with one -- with the special circumstance allegation of lying in wait and two counts of soliciting murder.

Now, that could make Robert Blake eligible for the death penalty. Los Angeles police say it was the 68-year-old actor who shot and killed his 44-year-old wife, Bonny Bakley, on the night of May 4th last year after the two had gone out to dinner.

Police say that they had found the murder weapon in a nearby trash dumpster shortly after Bakley was killed. Blake married Bonny after DNA test results proved that he was the father of 2-year-old Rose. Bakley's sister, Marjorie Bakley, told us a short time ago that she has always believed that Blake was the killer.

But Blake's attorney, Harland Braun, says even though the couple had a troubled marriage, it was someone out of Bakley's questionable past who had killed her, not the actor. We also asked Marjorie Bakley earlier if she thought that Robert Blake should face the death penalty. She told us no, she is Catholic and she does not believe in that.

Now, the district attorney's office spokesperson told us that they will request that Blake be held without bail. Harland Braun has said that he's expected to ask the court not to allow cameras in the courtroom for the duration of the trial. Again, we're waiting to hear about that and arraignment scheduled later this afternoon sometime, Kyra. Back to you.

PHILLIPS: All right, we'll check in with you then. Thelma Gutierrez, thank you.

Joining us now for more details on the murder of Bonnie Lee Bakley and the case against Robert Blake, is new CNN legal analyst Jeffrey Toobin. He's here with us from New York. Jeff, I know everyone has been giving you a warm welcome. I have to extend one also. Nice to see you.

JEFFREY TOOBIN, CNN LEGAL ANALYST: I'm happy to receive them all.

PHILLIPS: Keeps you motivated, that's for sure.

TOOBIN: Absolutely.

PHILLIPS: Let's start out talking about the defense. What do you think is going to happen here? Is Bonnie Bakley just going to basically get trashed, to be blunt?

TOOBIN: Well, think that's what's happened so far. And Harland Braun makes no bones about the fact that he believes that her questionable past is responsible for the person who killed her. The important point to remember is in a courtroom, you can't just talk generally about someone's past. You have to be able to point to specific people, specific opportunities that they had, to be the alternative killer.

So I think the challenge for Harland Braun is, it's one thing to talk to reporters and point us in the direction of the admittedly seedy parts of her life. But it's another thing to be able to say this is the alternative suspect. And he hasn't done that yet.

PHILLIPS: Well, you had a long conversation with Braun. Why don't you tell us what he had to say, and your reflections on what he had to say.

TOOBIN: Well, the first thing he said is, he's trying to get bail for his client. That's something that's a very concrete concern. And he was saying to me, look, he's not a risk of flight. He's not going to go anywhere, and he's not a danger to the community. Those are usually the two factors that are at play in bail.

The fact remains, I think, as people who follow criminal law recognize, bail is now routinely denied for people accused of serious crimes like this one. So even though Braun is probably right on those two points, he's very unlikely to get bail.

PHILLIPS: And Braun also came on "LARRY KING LIVE" and indeed, I was looking here at the exact quote, he admitted that Blake had a motive to murder his wife. How is that going to affect this case here? And is that unusual, for an attorney to do that?

TOOBIN: It is unusual, but it is part of his larger strategy. He can't very well say, as he has been saying, that this is an absolutely terrible woman, but she had a wonderful relationship with her husband, and thus he had no motive to kill her. So I think a certain degree of common sense comes into his presentation. HE's saying, look, he didn't like her, but no one else did either.

PHILLIPS: Bodyguard.

TOOBIN: So I can't say that it's -- it's some great blunder that he's committed. PHILLIPS: And what have you heard about this talk that possibly Bakley and Blake could have been working together on these accusations, that she was involved in fraud and getting money from wealthy people through the telephone, et cetera?

TOOBIN: You know, there's a great deal of speculation around the case. I'm trying to keep it to what I know. Just in terms of the legal proceedings, there is another person involved here. And I think it's very much worthwhile...

PHILLIPS: The bodyguard.

TOOBIN: ... keeping an eye on him, Earle Caldwell. He has been charged by the police. We'll see what the DA does. But the police say that he was involved in this murder conspiracy. He's a key here, because he could very likely cut a very sweet deal for himself. He could -- if he agrees to incriminate Blake, he could probably get away with little or no jail time.

But if he doesn't incriminate Blake, if he stands by what he said previously, that he doesn't know that Robert Blake killed anyone, that could actually be helpful to the defense. So it's very much worthwhile to keep an eye on where he stands throughout this case.

PHILLIPS: And Blake is expected to be charged with murder with special circumstances. Explain the special circumstances.

TOOBIN: Well, in order to be eligible for the death penalty in California, the prosecution has to allege special circumstances beyond just an ordinary murder. And here, one of the special circumstances is lying in wait. It's a kind of premeditation.

One of the things Harland Braun said to me this weekend was, Blake was sort of ruefully laughing about the idea of being charged with a death penalty crime. He's saying, look, I'm 70-years-old. I've lived a life where I should be 140 years old. What are they going to do to me? How long can this take?

And he does have a point, that in California, even people who are convicted of the death penalty often spend 10 years on death row. So I think the idea that Robert Blake might be executed for this crime seems extremely remote.

PHILLIPS: Jeffrey Toobin, thanks for watching. See you again soon.

TOOBIN: Hope so.

PHILLIPS: All right. And the hearing for Robert Blake is now scheduled for later this afternoon. CNN will bring you live coverage of that when it happens.

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