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American Morning

Interview with Harland Braun

Aired October 29, 2002 - 09:16   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.


PAULA ZAHN, CNN ANCHOR: You probably know that restaurant, Vitellos. It wasn't too far from there that Bonnie Lee Bakley was murdered. And this week, six weeks before a pretrial hearing in the murder case against him, Robert Blake has got to start looking for a new attorney. The actor's current chief attorney, Harland Braun, says he is quitting the case because Blake insists on doing an on-camera interview. Braun thinks that's a very bad idea. He has represented Blake since he was charged with the murder of his wife, Bonnie Lee Bakley in May of last year.
And Harland Braun joins us now from Los Angeles.

Good of you to join us. Good morning.

HARLAND BRAUN, ROBERT BLAKE'S ATTORNEY: Good morning, Paula.

ZAHN: First of all, the sheriff's department is now saying they haven't approved this on-camera interview. May not even happen. So, if it doesn't happen, will you stay onboard the team?

BRAUN: Well, no, because Robert wants to talk on camera to the public about the case while it's pending, and he's intent on doing it. I think the sheriff's department approved it but they're simply backing off because of the current flak. Basically, Robert's entitled to a lawyer that would go along with his strategy of going public during the case, and I can't possibly live with that kind of strategy.

ZAHN: But the truth is, he has done a number of off-camera interviews. Why are you so concerned about him doing an on-camera interview? Because it might be edited?

BRAUN: Partly that, but also there's just a natural distortion with a medium as powerful as an on-camera interview. And it would take him eight to ten hours to really explain everything about the circumstances of the case. And, of course, no one's going to go on television for eight to ten hours. It would be very detrimental to the jury pool and I think it's just a bad idea. I allowed these off- camera interviews because I hoped to satisfy his personal need to speak. But it really didn't, and we've had a parting of the ways. It was amiable and sad, but a parting of the ways.

ZAHN: So, you're basically saying even if this TV -- on-camera TV interview happens, you're out, no matter what?

BRAUN: Right. Because I'm still his lawyer right now, until he gets a new lawyer. And we're trying to get him out on bail. And hopefully we can do that by next week, if we get some word from the Supreme Court. And if he's out on bail, he won't have any trouble doing on-camera interviews. And I'm sure that even though the sheriff's department is giving me a little trouble right now, there will be on-camera interviews if he wants them. So, it's a basic philosophical disagreement that we tried to reconcile and we would not.

ZAHN: Is Mr. Blake still paying you?

BRAUN: Of course. But that's really not an issue here. There'll have to be some adjustment, because I'm not staying on the case, but that's not an issue involved in this case.

ZAHN: So, you're saying this has nothing to do with any concern about funds drawing out here? You're not afraid of not getting paid down the road?

BRAUN: Oh, not at all. No, you know, I mean, I'm a criminal lawyer. He's my client. If he ran out of money tomorrow and I didn't get another dime, I would handle the case all the way through. I've done that for other people. I think that's a lawyer's responsibility.

ZAHN: There are other lawyers out there sniping at you this morning, suggesting that a major reason why you might be dropping out of this case is you're afraid you might lose?

BRAUN: No. I think he's got a very good case. That's one of the reasons I hate to give up a case like this. The prosecution has a very weak case. They have no physical evidence. They have no witness. They have no admission. There's no way they can connect him to the murder of his wife. So I -- from a professional point of view, I hate to give up a case that I believe is a winner.

ZAHN: Now, it will be up to the judge to approve your substitution. What are the chances that he won't approve a substitution and you'll have to stay there representing Robert Blake?

Well, the fact is, of course, that he would have to approve a substitution if a client wants to switch lawyers, unless there would be an undue delay in the case and then he has a right to overrule the substitution. There is six weeks until the preliminary hearing. The case is highly organized at this point, as opposed to being undigested when we first got it. I obviously will assist whatever new lawyer comes on. My investigators will do the same. So a lawyer should be able to get up to speed pretty quickly. And if there's a delay, it won't be undue. It could be a couple weeks, but certainly not very long.

ZAHN: Do you feel like you're compromising his case by leaving just six weeks before a pretrial hearing?

BRAUN: Not at all. Because this is only a preliminary hearing. The trial would have to be in the middle of next year sometime. And it's the point at which we had to part ways, because philosophically, I can't agree with the strategy. We tried to work it out for several months. That's why I allowed some off-camera interviews. But the idea, for me, of a person charged with a homicide going on television and answering questions about it, and having a portion of his answers being broadcast to the potential jury pool, seems to me just impossible to deal with.

ZAHN: But don't we already have a pretty good idea what he's going say, from the whole range of off-camera interviews he's done?

BRAUN: He has not -- the off-camera interviews have been limited in scope and are just personal and general. I mean, obviously I know what he's going to say. He could testify tomorrow for eight to ten hours, and if the TV station were willing to broadcast eight to ten hours, he could get his full story out. But that will never happen on this particular medium. And the medium is so powerful in terms of people watching. Someone will watch Robert Blake for three minutes on television in a distorted interview and believe in their heart they actually heard the whole story.

ZAHN: Is Mr. Blake mad at you for wanting out of this case?

BRAUN: No, no. No, no. We've -- it's been a gradual process. We had a very sorrowful parting of the ways yesterday. We're still friends. I believe he's innocent. I believe he should be acquitted. I don't think there's any serious case against him, but I just have to stick by my principles, and he has very deep-seated needs. You know, He been an actor ever since he's been 3 years old. And I think he has a need to speak to the public that I don't understand as a lawyer, but I have to respect it. But he has to respect my principles also, and that's why we separated.

ZAHN: You describe your parting as a sorrowful one. So there was no anger between the two of you?

BRAUN: Yes.

ZAHN: Any other emotion?

BRAUN: No, it was just -- we knew it was coming. I felt I had to visit him first before I notified the judge. We, you know, sat quietly. We've been together a long time, and we have a deep respect for each other. And we discussed the transition to make sure there was nothing lost in the process. And I assured him I'm still up in the Supreme Court fighting for bail. I still feel he's being unlawfully locked in a cell. Imagine, seven months locked in solitary confinement. I mean, maybe that explains why he has such a need to speak out. You know, maybe the prosecution has basically driven him a little over the edge by this illegal tactic. But, whatever it is, I have to deal with it.

ZAHN: You just said a little over the edge. Do you think he's snapped?

BRAUN: I couldn't hear that.

ZAHN: You just described him as maybe this has driven him a little bit over the edge. I mean, you were conveying that something, that he's snapped emotionally? BRAUN: No, but he has an enormous need to speak out. And I'm trying to imagine what it would be like for me to be in a cell, in solitary confinement for seven solid months. And maybe if he had been out, as he should have been right from the beginning, on bail, where he could have freely come and gone to my office and gone home, maybe he could have suppressed that need to speak out until his trial. But we'll never know that, because he's been locked up illegally, in my opinion, for seven months.

ZAHN: Harland Braun, we're going to have to leave it there this morning. Thanks so much for your time. We appreciate your joining us here on "American Morning,"

BRAUN: OK. 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 29, 2002 - 09:16   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
PAULA ZAHN, CNN ANCHOR: You probably know that restaurant, Vitellos. It wasn't too far from there that Bonnie Lee Bakley was murdered. And this week, six weeks before a pretrial hearing in the murder case against him, Robert Blake has got to start looking for a new attorney. The actor's current chief attorney, Harland Braun, says he is quitting the case because Blake insists on doing an on-camera interview. Braun thinks that's a very bad idea. He has represented Blake since he was charged with the murder of his wife, Bonnie Lee Bakley in May of last year.
And Harland Braun joins us now from Los Angeles.

Good of you to join us. Good morning.

HARLAND BRAUN, ROBERT BLAKE'S ATTORNEY: Good morning, Paula.

ZAHN: First of all, the sheriff's department is now saying they haven't approved this on-camera interview. May not even happen. So, if it doesn't happen, will you stay onboard the team?

BRAUN: Well, no, because Robert wants to talk on camera to the public about the case while it's pending, and he's intent on doing it. I think the sheriff's department approved it but they're simply backing off because of the current flak. Basically, Robert's entitled to a lawyer that would go along with his strategy of going public during the case, and I can't possibly live with that kind of strategy.

ZAHN: But the truth is, he has done a number of off-camera interviews. Why are you so concerned about him doing an on-camera interview? Because it might be edited?

BRAUN: Partly that, but also there's just a natural distortion with a medium as powerful as an on-camera interview. And it would take him eight to ten hours to really explain everything about the circumstances of the case. And, of course, no one's going to go on television for eight to ten hours. It would be very detrimental to the jury pool and I think it's just a bad idea. I allowed these off- camera interviews because I hoped to satisfy his personal need to speak. But it really didn't, and we've had a parting of the ways. It was amiable and sad, but a parting of the ways.

ZAHN: So, you're basically saying even if this TV -- on-camera TV interview happens, you're out, no matter what?

BRAUN: Right. Because I'm still his lawyer right now, until he gets a new lawyer. And we're trying to get him out on bail. And hopefully we can do that by next week, if we get some word from the Supreme Court. And if he's out on bail, he won't have any trouble doing on-camera interviews. And I'm sure that even though the sheriff's department is giving me a little trouble right now, there will be on-camera interviews if he wants them. So, it's a basic philosophical disagreement that we tried to reconcile and we would not.

ZAHN: Is Mr. Blake still paying you?

BRAUN: Of course. But that's really not an issue here. There'll have to be some adjustment, because I'm not staying on the case, but that's not an issue involved in this case.

ZAHN: So, you're saying this has nothing to do with any concern about funds drawing out here? You're not afraid of not getting paid down the road?

BRAUN: Oh, not at all. No, you know, I mean, I'm a criminal lawyer. He's my client. If he ran out of money tomorrow and I didn't get another dime, I would handle the case all the way through. I've done that for other people. I think that's a lawyer's responsibility.

ZAHN: There are other lawyers out there sniping at you this morning, suggesting that a major reason why you might be dropping out of this case is you're afraid you might lose?

BRAUN: No. I think he's got a very good case. That's one of the reasons I hate to give up a case like this. The prosecution has a very weak case. They have no physical evidence. They have no witness. They have no admission. There's no way they can connect him to the murder of his wife. So I -- from a professional point of view, I hate to give up a case that I believe is a winner.

ZAHN: Now, it will be up to the judge to approve your substitution. What are the chances that he won't approve a substitution and you'll have to stay there representing Robert Blake?

Well, the fact is, of course, that he would have to approve a substitution if a client wants to switch lawyers, unless there would be an undue delay in the case and then he has a right to overrule the substitution. There is six weeks until the preliminary hearing. The case is highly organized at this point, as opposed to being undigested when we first got it. I obviously will assist whatever new lawyer comes on. My investigators will do the same. So a lawyer should be able to get up to speed pretty quickly. And if there's a delay, it won't be undue. It could be a couple weeks, but certainly not very long.

ZAHN: Do you feel like you're compromising his case by leaving just six weeks before a pretrial hearing?

BRAUN: Not at all. Because this is only a preliminary hearing. The trial would have to be in the middle of next year sometime. And it's the point at which we had to part ways, because philosophically, I can't agree with the strategy. We tried to work it out for several months. That's why I allowed some off-camera interviews. But the idea, for me, of a person charged with a homicide going on television and answering questions about it, and having a portion of his answers being broadcast to the potential jury pool, seems to me just impossible to deal with.

ZAHN: But don't we already have a pretty good idea what he's going say, from the whole range of off-camera interviews he's done?

BRAUN: He has not -- the off-camera interviews have been limited in scope and are just personal and general. I mean, obviously I know what he's going to say. He could testify tomorrow for eight to ten hours, and if the TV station were willing to broadcast eight to ten hours, he could get his full story out. But that will never happen on this particular medium. And the medium is so powerful in terms of people watching. Someone will watch Robert Blake for three minutes on television in a distorted interview and believe in their heart they actually heard the whole story.

ZAHN: Is Mr. Blake mad at you for wanting out of this case?

BRAUN: No, no. No, no. We've -- it's been a gradual process. We had a very sorrowful parting of the ways yesterday. We're still friends. I believe he's innocent. I believe he should be acquitted. I don't think there's any serious case against him, but I just have to stick by my principles, and he has very deep-seated needs. You know, He been an actor ever since he's been 3 years old. And I think he has a need to speak to the public that I don't understand as a lawyer, but I have to respect it. But he has to respect my principles also, and that's why we separated.

ZAHN: You describe your parting as a sorrowful one. So there was no anger between the two of you?

BRAUN: Yes.

ZAHN: Any other emotion?

BRAUN: No, it was just -- we knew it was coming. I felt I had to visit him first before I notified the judge. We, you know, sat quietly. We've been together a long time, and we have a deep respect for each other. And we discussed the transition to make sure there was nothing lost in the process. And I assured him I'm still up in the Supreme Court fighting for bail. I still feel he's being unlawfully locked in a cell. Imagine, seven months locked in solitary confinement. I mean, maybe that explains why he has such a need to speak out. You know, maybe the prosecution has basically driven him a little over the edge by this illegal tactic. But, whatever it is, I have to deal with it.

ZAHN: You just said a little over the edge. Do you think he's snapped?

BRAUN: I couldn't hear that.

ZAHN: You just described him as maybe this has driven him a little bit over the edge. I mean, you were conveying that something, that he's snapped emotionally? BRAUN: No, but he has an enormous need to speak out. And I'm trying to imagine what it would be like for me to be in a cell, in solitary confinement for seven solid months. And maybe if he had been out, as he should have been right from the beginning, on bail, where he could have freely come and gone to my office and gone home, maybe he could have suppressed that need to speak out until his trial. But we'll never know that, because he's been locked up illegally, in my opinion, for seven months.

ZAHN: Harland Braun, we're going to have to leave it there this morning. Thanks so much for your time. We appreciate your joining us here on "American Morning,"

BRAUN: OK. 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