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LAPD Transcripts May Discredit Detective in Blake Case

Aired June 12, 2002 - 10:15   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.
DARYN KAGAN, CNN ANCHOR: First, we want to go back to the story of what's happening with the Robert Blake case and these allegations that the lead detective brought along a book author on his investigation.

Let's bring in our Jeffrey Toobin, who happens to be in San Diego working on another story. But we wanted to get you on the phone, Jeff, and have you comment on just how serious this could be to this investigation and to the prosecution.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, Daryn, the LAPD has tried to define its Blake investigation as the un-O.J. case, as correcting all of the mistakes that they made in the Simpson case. And so far it seems like they've done a pretty good job. But what Charles's story shows is that there still is a lot of bad judgment among senior people in the LAPD.

This is not a smart thing to do. And I think Charles is right to put it in perspective. It is not illegal to bring a journalist along; this is not going to lead to the case being tossed of court. But it is an embarrassment. It is going to lead to a lot of questions on cross-examination, if and when Detective Ito takes the stand. And it is a point of entry to start figuring what else might have gone wrong in this LAPD investigation.

KAGAN: And just enough, perhaps, to put seeds of doubt in the minds of a jury, which is exactly what you don't want if you are a prosecutor.

TOOBIN: Well, that's true. And that's what defense lawyers try to do. And the question really becomes why. I mean, why did they allow Miles Corwin to go along? I think we need to say, there is nothing wrong from Miles Corwin's perspective. He is a distinguished former reporter for the "Los Angeles Times," a book author himself. Frankly, if they'd offered to let me go along on interviews, I would have rushed at the opportunity. But, you know -- because we're in the news business. But I think the good judgment on the part of the LAPD would have suggested that they talk to the reporters afterwards under more normal circumstances.

KAGAN: Let me ask you now about what you are doing in San Diego. I understand you are there to check out the David Westerfield trial. That is a man on trial for the murder of 7-year-old Danielle van Dam. What do you expect to see out of that trial? TOOBIN: Well, what -- the detectives are on the stand now, talking about how the investigation proceeded. Yesterday, we heard from the detective who interviewed David Westerfield, and David Westerfield was actually interviewed on television as a neighbor during the period when Danielle was missing. So it was an eerie moment when Westerfield's television interview was played for the jury.

The question here has been, how much of the parents' lifestyle is going to matter to the jurors. As you know, the defense has tried to suggest because the parents were sexually involved with other people, that may have led to some risks, that other people had access to the house. It, of course, is a very risky strategy for the defense, because it essentially puts the defense -- puts the victim's parents on trial for their lifestyle when they've suffered this horrible loss. You never know how a jury is going to react to something like that.

KAGAN: Well, and because they were witnesses -- and the first witnesses up, they were not allowed in the courtroom at the beginning, but are the van Dams now in the courtroom?

TOOBIN: I -- they -- I believe they will be in courtroom today.

KAGAN: Jeffrey Toobin in San Diego. Thanks for the update on both of those cases.

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