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American Morning
Preliminary Hearing in Blake Case Enters Third Day
Aired February 28, 2003 - 07:36 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: I want to get to the Robert Blake case now in L.A. A preliminary hearing in the Blake case enters its third day a bit later today, set to determine whether or not there is enough evidence by the prosecution to try the actor for the murder of his wife.
Yesterday, a Hollywood stuntman testified that Blake offered him $10,000 to kill Bonny Lee Bakley and offered advice on how to do it, as well.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Did he suggest to you what you could do?
GARY MCLARTY, HOLLYWOOD STUNTMAN: Yes, he did.
UNIDENTIFIED MALE: What did he say?
MCLARTY: And he said one night after she had fallen asleep, somebody could sneak in there and sneak up the stairs and pop her.
(END VIDEO CLIP)
HEMMER: One of the highlights from yesterday, upon cross- examination, the defense questioned Gary McLarty, the man on the stand, about his cocaine use and his own scrapes with the law in the past.
Let's talk about it now with Jeffrey Toobin, our own legal analyst, to take us through it yet again.
Two days, two witnesses, different stories, but the same theme. Blake approached me and said let's do it.
JEFFREY TOOBIN, CNN LEGAL ANALYST: And another one to come today, a third one to come today. McLarty's story was especially interesting because one of the scenarios Blake outlined, allegedly, in his conversation with McLarty was when we go to a restaurant, someone could get her in the car, which is, of course, exactly what happened, the prosecution claiming that Blake himself did it.
HEMMER: What odes it mean, though, for this man to take the stand and admit 12 years ago he killed someone?
TOOBIN: He killed someone.
HEMMER: How deep are the weeds getting here? TOOBIN: What an extraordinary story, where he lied to the police at first, but then ultimately he was exonerated because of self- defense. Prosecutors are used to putting on unsavory witnesses. The, you know, there's a famous line in summations, you know, if we could put in priests, ministers and rabbis to find evidence of crime, those are the witnesses we would call. But those aren't the people who know about crime.
HEMMER: Tough to get and find.
TOOBIN: Exactly. So, it's not all that unusual, but it's a problem. The advertising the prosecution have, of course, is now there will be three different people. Could they all be lying in exactly the same way about exactly the same subject? Possible, but unlikely.
HEMMER: You believe, now, the prosecution is showing too much of its own hand?
TOOBIN: I do. I think this is a bizarre, bizarre prosecution strategy because there's no doubt they're going to win this preliminary hearing. They're going to get the right to try Blake. But by putting on people like McLarty, who's a problematic witness, you just generate more transcripts, more cross-examination material so that when he testifies at the important time, in the trial, he's going, they're going to say well in February you said X. What's, is it true then? Is it true now?
HEMMER: Yes, I think you make a great point. We had an attorney on yesterday for Bakley's family, Eric Dubin. I don't know if you heard it or not. But he says this is just the tip of the iceberg in many ways.
TOOBIN: And...
HEMMER: He says there's cocaine allegations that will come out, this kidnapping ruse that did not come off that was talked about, as well. And what we're hearing right now, he indicated to us yesterday, is just a very small portion of the evidence.
TOOBIN: And why do it when you don't have to? It's just, you know, it's P.R. It's show business. It's L.A. They want to tell the public, they want to tell the jury pool look, we've really got this guy. But I just think it is not good lawyering to give your opponent more chances to cross-examine difficult witnesses and expose them to being, you know, to having problems.
HEMMER: We want to talk about Robert Blake quickly here. He's almost 70 years old. Yesterday the judge in court essentially asked him if he was OK health wise. A quick clip from yesterday.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: So I just want to make sure that you're able to proceed today. If not, I can have a doctor see you or we can delay this until tomorrow, if you're not feeling well. I'm concerned about your health.
BLAKE: I appreciate that, Your Honor. No, I'm fine. I just, I'm in the pink. I've waited 11 months to get here, sir, and I'm not going anyplace.
(END VIDEO CLIP)
HEMMER: He looks like a beaten man.
TOOBIN: He looks, he said to Barbara Walters, you know, I'm 70 years old. Things happen to people in prison, they have strokes, they have heart attacks. He looks like, you know, a long sentence is going to be irrelevant in this case. I don't know how long he's going to make it.
HEMMER: Day three today.
Thanks, Jeffrey Toobin.
TOOBIN: OK.
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 February 28, 2003 - 07:36 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: I want to get to the Robert Blake case now in L.A. A preliminary hearing in the Blake case enters its third day a bit later today, set to determine whether or not there is enough evidence by the prosecution to try the actor for the murder of his wife.
Yesterday, a Hollywood stuntman testified that Blake offered him $10,000 to kill Bonny Lee Bakley and offered advice on how to do it, as well.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Did he suggest to you what you could do?
GARY MCLARTY, HOLLYWOOD STUNTMAN: Yes, he did.
UNIDENTIFIED MALE: What did he say?
MCLARTY: And he said one night after she had fallen asleep, somebody could sneak in there and sneak up the stairs and pop her.
(END VIDEO CLIP)
HEMMER: One of the highlights from yesterday, upon cross- examination, the defense questioned Gary McLarty, the man on the stand, about his cocaine use and his own scrapes with the law in the past.
Let's talk about it now with Jeffrey Toobin, our own legal analyst, to take us through it yet again.
Two days, two witnesses, different stories, but the same theme. Blake approached me and said let's do it.
JEFFREY TOOBIN, CNN LEGAL ANALYST: And another one to come today, a third one to come today. McLarty's story was especially interesting because one of the scenarios Blake outlined, allegedly, in his conversation with McLarty was when we go to a restaurant, someone could get her in the car, which is, of course, exactly what happened, the prosecution claiming that Blake himself did it.
HEMMER: What odes it mean, though, for this man to take the stand and admit 12 years ago he killed someone?
TOOBIN: He killed someone.
HEMMER: How deep are the weeds getting here? TOOBIN: What an extraordinary story, where he lied to the police at first, but then ultimately he was exonerated because of self- defense. Prosecutors are used to putting on unsavory witnesses. The, you know, there's a famous line in summations, you know, if we could put in priests, ministers and rabbis to find evidence of crime, those are the witnesses we would call. But those aren't the people who know about crime.
HEMMER: Tough to get and find.
TOOBIN: Exactly. So, it's not all that unusual, but it's a problem. The advertising the prosecution have, of course, is now there will be three different people. Could they all be lying in exactly the same way about exactly the same subject? Possible, but unlikely.
HEMMER: You believe, now, the prosecution is showing too much of its own hand?
TOOBIN: I do. I think this is a bizarre, bizarre prosecution strategy because there's no doubt they're going to win this preliminary hearing. They're going to get the right to try Blake. But by putting on people like McLarty, who's a problematic witness, you just generate more transcripts, more cross-examination material so that when he testifies at the important time, in the trial, he's going, they're going to say well in February you said X. What's, is it true then? Is it true now?
HEMMER: Yes, I think you make a great point. We had an attorney on yesterday for Bakley's family, Eric Dubin. I don't know if you heard it or not. But he says this is just the tip of the iceberg in many ways.
TOOBIN: And...
HEMMER: He says there's cocaine allegations that will come out, this kidnapping ruse that did not come off that was talked about, as well. And what we're hearing right now, he indicated to us yesterday, is just a very small portion of the evidence.
TOOBIN: And why do it when you don't have to? It's just, you know, it's P.R. It's show business. It's L.A. They want to tell the public, they want to tell the jury pool look, we've really got this guy. But I just think it is not good lawyering to give your opponent more chances to cross-examine difficult witnesses and expose them to being, you know, to having problems.
HEMMER: We want to talk about Robert Blake quickly here. He's almost 70 years old. Yesterday the judge in court essentially asked him if he was OK health wise. A quick clip from yesterday.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: So I just want to make sure that you're able to proceed today. If not, I can have a doctor see you or we can delay this until tomorrow, if you're not feeling well. I'm concerned about your health.
BLAKE: I appreciate that, Your Honor. No, I'm fine. I just, I'm in the pink. I've waited 11 months to get here, sir, and I'm not going anyplace.
(END VIDEO CLIP)
HEMMER: He looks like a beaten man.
TOOBIN: He looks, he said to Barbara Walters, you know, I'm 70 years old. Things happen to people in prison, they have strokes, they have heart attacks. He looks like, you know, a long sentence is going to be irrelevant in this case. I don't know how long he's going to make it.
HEMMER: Day three today.
Thanks, Jeffrey Toobin.
TOOBIN: OK.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
