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Blake Takes Shot at Retrial
Robert Blake is putting a new spin on an old adage: If at first you don't succeed, get tried, tried again.
As promised last week, lawyers for the actor are seeking a retrial in the wrongful death civil case that resulted in a $30 million judgment against the former Baretta star, arguing juror misconduct ran rampant during court proceedings. And as if that wasn't enough, the lawyers offered a couple other reasons for a do-over, namely O.J. Simpson and Michael Jackson.
In a motion filed Monday in Los Angeles Superior Court, Blake's defense claimed the jurors issued the hefty verdict as a sort of retroactive justice, sending a message to celebrities that they can't, as it were, get away with murder.
While Blake was acquitted of criminal charges pertaining to the murder of Bonnie Lee Bakley in March 2005, he was found to have "intentionally caused" his wife's death in civil court last November and was ordered to fork over the massive payout to Bakley's family.
According to the lawyers, the panel awarded the "grossly excessive" judgment simply out of disgust over the recent string of high-profile celebrity acquittals, including Blake, Jackson and Simpson.
"The outcome of the trial might have been different absent the [juror] misconduct," said Blake's lawyers, who went on to call the verdict "utterly unsupported by the evidence."
And that, they say, they can prove.
One of the jurors from Blake's civil trial, Jose Elias, said in a sworn statement that some of his fellow panelists viewed the 72-year-old star's verdict as a way "to send a message that rich people and celebrities can't get away with causing someone's death."
"Jurors talked about O.J. Simpson getting away with murder and Michael Jackson getting away with molestation," Elias, 75, said in an affidavit filed with the motion for a retrial.
Blake's lawyers also cited several instances of supposed juror misconduct.
Among the alleged transgressions: one juror intentionally concealed that her daughter was serving time for the slaying of a teenage classmate; another juror allegedly admitted to disobeying the judge's order not to discuss testimony during the trial; a group of jurors argued that the Bible supported a judgment against Blake; and an alternate juror improperly participated in deliberations.
Blake had managed to avoid making any payments in the civil award by filing for bankruptcy in February, claiming he was broke and that his assets amounted to less than $500,000.
Last week, though, a judge rendered void the actor's bankruptcy filing, annulling the motion and reinstating the original multimillion-dollar judgment. That cleared the way for Blake to file a new motion seeking a retrial.
In the meantime, the aging actor is trying out a new role: ranch hand. Blake told the Associated Press that he was looking to make a career comeback, but in the meantime was nothing more than a glorified "stable boy," spending his days exercising horses at a friend's ranch.
A hearing on the motion has been tentatively scheduled for Apr. 7.
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