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CNN Live At Daybreak
Legal Grounds: 'Morning Coffey'
Aired October 29, 2002 - 06:37 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.
CAROL COSTELLO, CNN ANCHOR: Turning to the Hollywood celebrity's court docket, a broadcast report says the L.A. County Sheriff's Department won't allow an ABC TV interview with Robert Blake. As you know, Blake is on trial for the 2001 murder of his wife, Bonny Lee Bakley. The interview was scheduled to be taped on Friday.
Attorney Harland Braun says the actor had a need to speak out in the case and that led to Braun's resignation.
(BEGIN VIDEO CLIP)
HARLAND BRAUN, FORMER BLAKE ATTORNEY: I told Robert in the jail that because of a difference of philosophy that I would be withdrawing as his criminal lawyer, and he should obtain new counsel. I'll cooperate and my investigators will assist the new lawyer, but it's just not something that I could condone is going on television on camera and discussing any part of the case before we get to trial.
(END VIDEO CLIP)
COSTELLO: And to another Hollywood star on trial, Winona Ryder will spend her 31st birthday in court today. It's the second day of Ryder's shoplifting trial. In opening statements, Ryder attorney, Mark Geragos, argued the case was about security guards out of control. Prosecutors say it's a simple case of theft.
A witness testified Ryder told security guards a movie director told her to shoplift to prepare for a role.
For more on these two high-profile court cases, we want to turn our attention to DAYBREAK legal analyst, Kendall Coffey. Kendall joins us by phone live from Miami.
Good morning -- Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: Let's start with the Robert Blake mess. He's agreed to an interview with Diane Sawyer, I think. His lawyer is very angry about that, and has threatened -- in fact, he did quit. Can he, though?
COFFEY: Well, it's the classic tension in a high-profile case between a client, a public figure who's wanting to speak out to protect a public image and the defense lawyer concerned that what you say on TV can and will be used against you. Especially in a murder case any defense lawyer would share the frustration of Blake's lawyer. But at this stage...
COSTELLO: But I have to say, Kendall, if I'm innocent, I'd want to speak out and tell the world that I had nothing to do with this murder.
COFFEY: Of course you do, but you need to do what's best for the case. Have your press conferences, do your talk shows after the acquittal.
The problem, Carol, is that when you go on tape, that's evidence that the prosecution can use directly. They may take your statements out of context. They may find inconsistencies with what you said elsewhere.
The other problem is demeanor. Would Blake come across on this TV interview as an angry guy who says he's a victim of an unfair prosecution, or would he be a grief-stricken husband? And frankly, the jurors don't like that angry guy stuff. And so, there are all kinds of pitfalls and really no gain to be made on going on camera.
COSTELLO: Will the judge allow Mr. Braun to quit?
COFFEY: Good question. At this stage of the proceedings, it is not up to the lawyer to simply say, I'm out of here. The judge has got to make that decision, and one of the people who can weigh in on it is Robert Blake. Does he think this is an irreconcilable difference, or having made a substantial investment in this representation, might he object to the attempted withdrawal?
COSTELLO: It's such a bizarre case.
Let's turn our attention to another bizarre case. Winona Ryder is on trial now for shoplifting. And there's a big-time movie producer on the jury?
COFFEY: Carol, only in Beverly Hills could you have a world- famous actress on trial for shoplifting with one of her former bosses on the jury deciding the case.
But the fact, Carol, that a prospective juror may know a defendant or another participant doesn't automatically disqualify them. And as long as neither side uses its peremptory challenges -- these are the automatic strikes -- to remove the juror, and if that potential juror says that they can be fair and impartial -- these are usually the magic words -- then a judge normally will not remove the jurors.
So, Winona Ryder will truly be getting a trial by a jury of her peers.
COSTELLO: She certainly will. Kendall Coffey, thank you very much.
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 29, 2002 - 06:37 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Turning to the Hollywood celebrity's court docket, a broadcast report says the L.A. County Sheriff's Department won't allow an ABC TV interview with Robert Blake. As you know, Blake is on trial for the 2001 murder of his wife, Bonny Lee Bakley. The interview was scheduled to be taped on Friday.
Attorney Harland Braun says the actor had a need to speak out in the case and that led to Braun's resignation.
(BEGIN VIDEO CLIP)
HARLAND BRAUN, FORMER BLAKE ATTORNEY: I told Robert in the jail that because of a difference of philosophy that I would be withdrawing as his criminal lawyer, and he should obtain new counsel. I'll cooperate and my investigators will assist the new lawyer, but it's just not something that I could condone is going on television on camera and discussing any part of the case before we get to trial.
(END VIDEO CLIP)
COSTELLO: And to another Hollywood star on trial, Winona Ryder will spend her 31st birthday in court today. It's the second day of Ryder's shoplifting trial. In opening statements, Ryder attorney, Mark Geragos, argued the case was about security guards out of control. Prosecutors say it's a simple case of theft.
A witness testified Ryder told security guards a movie director told her to shoplift to prepare for a role.
For more on these two high-profile court cases, we want to turn our attention to DAYBREAK legal analyst, Kendall Coffey. Kendall joins us by phone live from Miami.
Good morning -- Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: Let's start with the Robert Blake mess. He's agreed to an interview with Diane Sawyer, I think. His lawyer is very angry about that, and has threatened -- in fact, he did quit. Can he, though?
COFFEY: Well, it's the classic tension in a high-profile case between a client, a public figure who's wanting to speak out to protect a public image and the defense lawyer concerned that what you say on TV can and will be used against you. Especially in a murder case any defense lawyer would share the frustration of Blake's lawyer. But at this stage...
COSTELLO: But I have to say, Kendall, if I'm innocent, I'd want to speak out and tell the world that I had nothing to do with this murder.
COFFEY: Of course you do, but you need to do what's best for the case. Have your press conferences, do your talk shows after the acquittal.
The problem, Carol, is that when you go on tape, that's evidence that the prosecution can use directly. They may take your statements out of context. They may find inconsistencies with what you said elsewhere.
The other problem is demeanor. Would Blake come across on this TV interview as an angry guy who says he's a victim of an unfair prosecution, or would he be a grief-stricken husband? And frankly, the jurors don't like that angry guy stuff. And so, there are all kinds of pitfalls and really no gain to be made on going on camera.
COSTELLO: Will the judge allow Mr. Braun to quit?
COFFEY: Good question. At this stage of the proceedings, it is not up to the lawyer to simply say, I'm out of here. The judge has got to make that decision, and one of the people who can weigh in on it is Robert Blake. Does he think this is an irreconcilable difference, or having made a substantial investment in this representation, might he object to the attempted withdrawal?
COSTELLO: It's such a bizarre case.
Let's turn our attention to another bizarre case. Winona Ryder is on trial now for shoplifting. And there's a big-time movie producer on the jury?
COFFEY: Carol, only in Beverly Hills could you have a world- famous actress on trial for shoplifting with one of her former bosses on the jury deciding the case.
But the fact, Carol, that a prospective juror may know a defendant or another participant doesn't automatically disqualify them. And as long as neither side uses its peremptory challenges -- these are the automatic strikes -- to remove the juror, and if that potential juror says that they can be fair and impartial -- these are usually the magic words -- then a judge normally will not remove the jurors.
So, Winona Ryder will truly be getting a trial by a jury of her peers.
COSTELLO: She certainly will. Kendall Coffey, thank you very much.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
