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CNN Live Today
Blake to Be Given Bail Hearing
Aired October 09, 2002 - 11:35 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: We move on to a bail hearing for accused killer Robert Blake this morning in California.
We want to check in with our legal analyst, Jeffrey Toobin, joining us from New York with the nuts and bolts of the Blake hearing -- Jeff, good morning.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hey, Daryn. How are you?
KAGAN: So this bail hearing, this one went kind of all the way up to the California State Supreme Court that seemed none too pleased with L.A. County officials about how they treated this bail issue for Robert Blake.
TOOBIN: You know, this case has been going on for a year and a half, and remarkably little has happened. The issue here is whether Blake will get even a bail hearing, not to get out on bail, and as you said, the case went up to the California Supreme Court last week, and the California Supreme Court said, give this guy a hearing. Let him make his case.
And that is what's going to happen today.
KAGAN: And -- just so we can explain to our viewers, we see you on one side of the screen, and the other side is a shot from inside the courtroom where that is going to take place. They have camera trained on the seal, the state seal for California. Which -- how will each side argue this, prosecutors and defense attorneys?
TOOBIN: Well, this -- the original charge in this case was murder with special circumstances. That is the crime -- the kind of murder that makes you eligible for the death penalty.
The special circumstance charged here is lying in wait. The charge is that Robert Blake lay in wait to kill his wife. The prosecutor's office has said we're not seeking the death penalty, but this is still a first degree murder charge with special circumstances, so he's not eligible for bail under California law.
The defense has argued because they're not seeking the death penalty, he is, at least theoretically, eligible for bail, so he should get a hearing. The California Supreme Court said, yes, give him a hearing. To make a long story short, I think it's unlikely he is going to get out, but he at least will get his hearing today, momentarily.
KAGAN: His day in court, and we will be watching it, and show it live to our viewers when it begins. Jeff Toobin in New York, thank you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Aired October 9, 2002 - 11:35 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: We move on to a bail hearing for accused killer Robert Blake this morning in California.
We want to check in with our legal analyst, Jeffrey Toobin, joining us from New York with the nuts and bolts of the Blake hearing -- Jeff, good morning.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hey, Daryn. How are you?
KAGAN: So this bail hearing, this one went kind of all the way up to the California State Supreme Court that seemed none too pleased with L.A. County officials about how they treated this bail issue for Robert Blake.
TOOBIN: You know, this case has been going on for a year and a half, and remarkably little has happened. The issue here is whether Blake will get even a bail hearing, not to get out on bail, and as you said, the case went up to the California Supreme Court last week, and the California Supreme Court said, give this guy a hearing. Let him make his case.
And that is what's going to happen today.
KAGAN: And -- just so we can explain to our viewers, we see you on one side of the screen, and the other side is a shot from inside the courtroom where that is going to take place. They have camera trained on the seal, the state seal for California. Which -- how will each side argue this, prosecutors and defense attorneys?
TOOBIN: Well, this -- the original charge in this case was murder with special circumstances. That is the crime -- the kind of murder that makes you eligible for the death penalty.
The special circumstance charged here is lying in wait. The charge is that Robert Blake lay in wait to kill his wife. The prosecutor's office has said we're not seeking the death penalty, but this is still a first degree murder charge with special circumstances, so he's not eligible for bail under California law.
The defense has argued because they're not seeking the death penalty, he is, at least theoretically, eligible for bail, so he should get a hearing. The California Supreme Court said, yes, give him a hearing. To make a long story short, I think it's unlikely he is going to get out, but he at least will get his hearing today, momentarily.
KAGAN: His day in court, and we will be watching it, and show it live to our viewers when it begins. Jeff Toobin in New York, thank you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
