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Blake trial judge warns against 'mudslinging'

Blake at his April 22 arraignment.
Blake at his April 22 arraignment.  


LOS ANGELES, California (CNN) -- The judge in the murder case against actor Robert Blake told lawyers Monday he would not allow "mudslinging."

Superior Court Judge Lloyd Nash appeared to direct his comments at Harland Braun, Blake's attorney, who said in court papers that District Attorney Steve Cooley was interfering with his client's right to a fair trial.

Braun described Cooley as "semi-competent" and criticized him for staging Blake's arrest as a media event.

News of the 68-year-old actor's impending arrest last month was leaked to the news media and reporters staked out the community where the actor lived while helicopters hovered.

"I'm not going to countenance this mudslinging," Nash told the courtroom.

Outside the courthouse, Braun defended his actions to reporters. "I think it's important for someone in the public to stand up and say: 'That's not the way we arrest people in America.'"

He added, "We want to have a fair trial, and if the judges don't like it, that's their problem."

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Blake, star of the 1970s television detective series "Baretta," is charged with the murder last year of his wife, Bonny Lee Bakley, 44, after allegedly failing to persuade two hitmen to do the job.

Blake is charged with four criminal counts: first-degree murder, two counts of solicitation of murder and one count of conspiring with his bodyguard, Earle Caldwell.

Blake pleaded not guilty to the charges, as did Caldwell, who was charged with conspiracy. Caldwell was released last month on $1 million bond, which was posted by Blake.

On Monday, Nash also delayed a decision on a motion from the prosecution that would remove Arna Zlotnick as Caldwell's attorney.

Zlotnick's services are being paid for by Blake. The prosecution argues that creates a conflict of interest for Zlotnick because she may also be called as a witness for the prosecution.

Nash said he intends to appoint an independent counsel to speak with Caldwell to ensure he understands the potential conflict, even though the bodyguard has already signed and filed a declaration with the court saying he does.

"I have discussed and reviewed the allegations, and genuinely believe that Ms. Zlotnick serves my interest despite her source of fees, and believe the allegations that Ms. Zlotnick will be a witness against me is remote and contrived by the prosecution to deprive me of my counsel of choice," Caldwell said in the waiver.

"We think it's a waste of time to be going through removal of Caldwell's attorney," Braun told reporters. "What else would Robert Blake do? He has an obligation to his friend to assist him."

Nash denied a separate motion from the prosecution that would have kept Blake from hiring William Jordan as a private investigator.

Police have interviewed the former Los Angeles police lieutenant at least three times in connection with the murder. The prosecution contends they will call him as a witness.

Blake hired Jordan to carry out background checks on Bakley in connection with his custody dispute over their daughter, who is now 2 years old.

Meanwhile, Blake remains in jail. Although a spokeswoman for the district attorney said she does not believe Blake represents a flight risk, he has been denied bail because he is charged with the special circumstance of lying in wait.

Under California law, "for a special circumstance case, the presumed bail is no bail," said Sandi Gibbons, a spokeswoman for Cooley. "If, after a preliminary hearing, the judge makes a different decision, then bail will be considered."

But it could be six months before a preliminary hearing is held, Braun said. "They want Robert Blake in a cage because they're afraid of giving him a fair trial," he said.

Noah Blake, the actor's adult son, sat through the afternoon's proceedings.

"I feel for my dad, and I love him," he told reporters afterward. "The best that can happen is, you know, that everyone tells the truth about everything, and that's it."

Blake's next day in court is scheduled for June 18, when the date for the preliminary hearing is to be set.

Braun is expected to renew his argument that Blake be released on bail, and the issue of the independent counsel is also likely to be discussed.

-- CNN Correspondent Frank Buckley contributed to this story.



 
 
 
 


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