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'Baretta' Star Murder Trial
  Courttv.com's Lisa Sweetingham reviews the week in the Robert Blake trial
Jan. 21, 2005
 

Court TV Host: Courttv.com's Lisa Sweetingham is here to discuss the Robert Blake trial. Welcome, Lisa. What's the latest?

Lisa Sweetingham: Hi everyone. The new news is that jurors were released early today due to a death in the family of defense attorney Gerald Schwartzbach. The defense team did not discuss it with reporters, so we don't know who in his family has passed away, but there were some whispers by court insiders that it may have been his aunt. Obviously, everyone was very respectful and only offered him condolences. We did hear briefly from two witnesses: Daryl Bailey, Bonny Lee Bakley's federal probation officer in Arkansas, and Luis Mendoza returned briefly to discuss a conversation he had with Blake that the prosecutor forgot to ask him about. You can read all about it in the newest update on the trial on courttv.com.

Question from Prime: I saw on the bottom of the screen this evening, that John Solari may testify. Is the defense or the prosecution calling him?

Lisa Sweetingham: Yes, the judge announced after the jurors left that Solari may be a witness and asked that he not return to the courtroom. However, he was not on the original master witness list. John has told me that he was close friends with Blake, but that Blake no longer speaks to him. Solari, an actor who has a cable access program in Los Angeles, has been in court almost every day in support of Blake, but the two do not appear to be friendly. I'm speculating here, but it may be that this was a way to keep him out of the courtroom. It may be that both sides find him to be a bit of a loose cannon, due to comments he's made about the case, for instance, telling an LA Weekly reporter that "it would have turned out different if Robert had turned to me."

Question from rotozaza: Lisa, when William Welch testified did he give the impression that he thought Blake was serious about killing or just venting?

Lisa Sweetingham: Welch seemed credible, and he was clear about the fact that he thought Blake was serious. On Crier today some of the guests discussed Welch's testimony at the prelim and how he appeared nervous and uncertain. Welch appeared to have gathered his confidence as he was very strong on the stand Yesterday, and after court, he told a few TV reporters point blank that he believed that Blake was capable of killing his wife.

Question from tara: Lisa, hi, the defense has a believable witness now saying Blake never asked him to harm Bonny -- how will that play off on the stuntmen/bodyguard testimony as they seem to have their own problems with the law and were not convincing at the pre-trial?

Lisa Sweetingham: You're referring to Luis Mendoza, who told jurors during cross today that no, Blake never asked him to physically harm Bonny. Mendoza's tetsimony, as well as Welch's plays to Blake's state of mind. The prosecution contends that he tried several different routes to get Bonny out of his life: the probation violations, the alleged kidnapping plot, the alleged drug-planting plot -- and when none of those worked, he turned to the stuntmen. So in essence, the jurors are getting a narrative here, and when the stuntmen come on, the defense won't be able to ask the same question, "He never asked you to do anything illegal, etc.?" because obviously they independently have testified that Blake asked them both to kill Bonny. Their own troubles with the law and drugs will be a major point the defense will use to damage their credibility. But it may be difficult for jurors to look at all of these witnesses as a whole and ignore Blake's continued attempts to "get rid of her."

Question from Sprocket: Hello Lisa. I sit in front of you at trial. No questions, just wanted to say hello. :D

Lisa Sweetingham: Hi! glad to have you here :) In fact, let me segue to say that the gallery has gotten much fuller this week due to our interesting witnesses. There has been greater press presence, but I've also noticed that prosecutors, defense attorneys and more regular folks who are following the trial have shown up.

Question from Stormee: Will Blake take the stand in his own defense?

Question from LuvU2: Lisa, what is the likelihood that Blake will testify?

Lisa Sweetingham: Good question. Blake wants to testify, but his attorney has not made any promises to the jury that he will speak in his own defense. In fact, early in the case I asked Schwartzbach if Blake would take the stand -- and he laughed at me and said, "What's your next question?" We just don't know. sorry to say!

Question from JudgeGuilty: Has his attorney made any promises to the jury that could backfire on Blake?

Lisa Sweetingham: One thing that really stuck out in my mind was that Schwartzbach suggested in his opening statements that there is evidence to suggest the shooter was right-handed, and that Blake is left handed. It would be a coup for the defense if they come through with this, and I'm hoping to see it during the defense's case.

Question from house: Lisa, is it possible for the lying in wait charge to be separated from the murder one charge or is it dependent on it?

Lisa Sweetingham: That's an excellent question, and I'm looking in my legal notes to make sure I have the right answer for you. I can't tell you specifically at this moment, but I will follow up on that question. Here's what I do know: generally, the lying in wait special circumstance, if proven, means a sentence of life in prison or death. So technically, this is capital case, but because the prosecutors are not seeking the death penalty, the most he could receive if convicted is life in prison without parole. The two solicitation charges come with penalties for each of 3, 6, or 9 yrs. Therefore, if he is convicted of both solicitations, but not murder, he could receive 6-18 yrs.

Lisa Sweetingham: Aha! I found it. If Blake is found guilty of murder, but not with the special circumstance of lying in wait he would have to serve 50 yrs before parole eligibility. The sentence for murder is 25 yrs to life, but it is enhanced to 50 yrs because the crime was committed with a firearm.

Question from Boxer: What parts of the third party motion will be heard?

Lisa Sweetingham: Hi Boxer, the third party motion, which is a defense motion argued last fall, and, in general, involves the defense theory that implicates Ronald Hambleton and others in Bakley's murder, at the behest of Christian Brando. (It's in the Blake trial coverage section, for those who want to read it, and it's about 60 pages) That motion was denied by the judge. None of it will come in.

Lisa Sweetingham: One quick clarification It's important to add that it won't come in, because the judge ruled that there there was no link to Bonny's killing, direct or circumstantial, to Christian Brando, and that one of the witnesses who would have supported the theory had credibility issues. If that piques your interest, I invite you to read the motion for yourselves, it's a public document after all , and you can find it and many other interesting documents on courttv.com's Blake trial coverage page. Thanks everyone! Have a great weekend

Lisa Sweetingham: I realize the motion is buried in an early story -- you can find it within this story.

Court TV Host: You too!

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