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CNN Live Today

Judge to Rule on Blake Bodyguard's Lawyer

Aired May 20, 2002 - 13:32   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.
BILL HEMMER, CNN ANCHOR: Barbara (ph) Blake due back in court today with the judge expected to decide whether the actor can pay for his bodyguard's legal defense. The two have been charged with the murder of Blake's wife, Bonny Lee Bakley in May of last year.

Frank Buckley live in LA with more -- Frank, good afternoon.

FRANK BUCKLEY, CNN CORRESPONDENT: Good day, Bill.

Couple of major motions coming up in court today. Robert Blake expected to be in the courtroom to hear those motions. What we don't know yet is whether or not cameras will be allowed in that courtroom. That will be one of the first things that will be resolved.

But prosecutors are asking the judge to remove the attorney for Earle Caldwell, that's the bodyguard. They say that she is going to be called as a prosecution witness against Caldwell, and they are also saying that because she is paid by Blake himself, that there is a conflict of interest. She is going to be called as a witness because they say she is the one who provided Caldwell's explanation for a list that prosecutors believe was used in the murder, and they say her explanation contradicted the explanation given by Caldwell himself in the past. And so, they plan to call her as a witness.

Now, prosecutors are also asking the judge to preclude the defense attorney, Harland Braun, from using a private investigator that they have recently retained. His name is William Jordan. They say that Jordan will also be a prosecution witness, and they are concerned about attorney/client privilege being invoked. They are worried that Harland Braun, may at some point, say, Well, you can't call him as a witness against Robert Blake because he is actually working in this attorney-client privileged relationship, and so, he can't be called as a witness. Harland Braun plans to object to it.

(BEGIN VIDEO CLIP)

HARLAND BRAUN, ROBERT BLAKE'S ATTORNEY: That investigator gave a full statement to the district attorney's office, and he will so testify, but there is no reason that we cannot continue to use an experienced homicide detective to consult with us, simply because the prosecution is going to call him. Mr. Coolly does not own Mr. Jordan.

(END VIDEO CLIP) BUCKLEY: I also spoke with Harland Braun this morning, and he was telling me that he has -- understands that Stephen Yagman, the well known attorney here in Los Angeles, plans to come in today and argue on behalf of Arna Zlotnick staying on as the attorney of record for Earle Caldwell. So, we expect to see an appearance from him today.

We also received -- late last week a motion filed by Arna Zlotnick, that is Earle Caldwell's attorney, saying that she could continue to represent him. Earle Caldwell, including a declaration in those papers, saying that he was aware of the potential for conflict, yet he wanted to continue on with her as his attorney.

Finally, Harland Braun at the end -- or at some point during this hearing today, this very busy hearing, will be asking for a formal bail hearing for Robert Blake in a couple of weeks. He says that it is unfair for Blake to be continued -- held without bail. He wants an airing of those issues. Very busy day, Bill.

HEMMER: Indeed it is. Bail is still a possibility there in LA, though. Frank, thanks. Frank Buckley live outside the courtroom.

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