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- [00:01]
Narrator
The execution of Bonnie Lee Bakley contains depictions of violence and some strong language. It's February 7, 2005, a Monday morning. Shelly Samuels rises to face the jury as she's done for the past six Mondays, six weeks of trying to convince a jury that Robert Blake is guilty of murder. She's presented testimony from experts, even took the jurors on a field trip to the crime scene. But today, she's pivoting to the most important phase of her case. The people called Gerald McLarty. Gary McLarty is a retired stuntman. He will give first hand testimony that the actor tried to hire him to kill Bonnie. There's just one problem. McLarty has a history of drug addiction and delusions. McLarty makes his way to the stand and the bailiff swears him in. He looks credible enough in a blue blazer and a gold tie. He has deep bags under his small eyes and walks with a limp from recurring hip issues. Samuels takes him through the meeting he had with Blake at a diner in the valley. McLarty thought Blake wanted to talk to him about a movie, but. But Blake had murder on the menu. The actor then drove McLarty to his house, said he wanted to show him some things. Strange things. Nude photos and letters from Bonnie's mail order porn business. Blake kept bringing up how awful she was. He seemed angry. Then Blake showed McLarty a gun and asked if he could get a silencer for it. He started talking about ways to get rid of her. If the meeting was about a movie, it would be titled Four Ways to Kill Bonnie Lee Bakley. Samuels presses McLarty for details. He tells the jury that Blake showed him the sliding glass door to the guest house where Bonnie was staying. He said someone could open it late at night and pop her while she was sleeping. Samuels interrupts. Is that the word he used? Pop her. Yes, McLarty answers, pop. Pop. She asks about the other scenarios. McLarty says each revolved around Blake and Bonnie on a road trip. In one, a person could do the job while she was walking along the river. In another, Blake said he could pull over on the side of the road and wander off to urinate. While he was gone, someone could drive up and kill her. And then there was the plan to take her to dinner and leave her alone in the car, giving the killer a chance to shoot her. Samuels asks what was supposed to happen next.
- [02:55]
Gerald Schwartzbach
McLarty answers, that's when she would be disposed of.
- [02:59]
Narrator
Did he specifically say Vitello's?
- [03:02]
Gerald Schwartzbach
No. Just a restaurant.
- [03:05]
Narrator
The prosecutor asks what happened at the end of the meeting. Meeting McLarty says he asked what kind of money Blake was talking about. Blake told him $10,000. Were you certain he was serious? McLarty hesitates.
- [03:21]
Gerald Schwartzbach
Well, a lot of people want to strangle their wives. At times I thought he was just venting his anger.
- [03:29]
Narrator
But then Blake followed up three days later and McLarty refused the offer.
- [03:35]
Gerald Schwartzbach
That's the last time I spoke to.
- [03:36]
Narrator
Him on the stand. McLarty sometimes seemed confused and he waffled on some of his testimony. But Samuels believes he came across as believable and sympathetic. Now he just has to survive. Gerald Schwartzbach's Cross Examination this episode is brought to you by Audible, your destination for best selling audiobooks, exclusive Audible originals and more. New members can try audible free for 30 days. Visit audible.com cotton or text cotton to 500500 from Wondery. I'm Traci Patton, along with my co host Josh Lucas, and this is the execution of Bonnie lee B. Episode 7 the Final Verdict.
- [04:53]
Gerald Schwartzbach
Robert Blake sits at the defense table watching McClarty testify. If the jury believes him, Blake will go to prison for the rest of his life. His fate lies in the hands of his attorney, Gerald Schwartzbach. Schwartzbach approaches the witness box. He's looked into McLarty's medical records. They show the stuntman was a heavy user of cocaine and marijuana in the weeks before he met with Blake. Schwartzbach begins a series of questions. You thought the police were tunneling under your house? McLarty nods. Yes, that's true. You thought your house was bugged. Correct. You thought your family was conspiring against you? Correct. McLarty also confirms he thought satellites were flying over his ranch watching what he was doing and that his drug fueled hallucinations led to 17 days in the psych ward of a Glendale hospital. McLarty looks down at the floor. I'm actually ashamed of what I've done. I do have a history with drugs, but I recently quit. Then schwartzbach switches gears. Mr. Blake never actually said he wanted you to do something to Bonnie Bakley. Is that true? That's true. You thought he was insinuating he wanted you to do something to Ms. Bakley. Correct. Although he didn't say he wanted you to do anything to Ms. Bakley. You assumed it. Correct. Schwartzbach's cross examination is brutal. McLarty is not only a chronic drug user who is prone to hallucinations, he can't even confirm Blake wanted him to do anything to Bonnie.
- [06:46]
Narrator
Shelly Samuels Knew Schwartzbach would do whatever he could to discredit McLarty's testimony. But she still has two more witnesses in the wings. Both will say Blake reached out to try and hire them to kill Bonnie. The first is Frank Minucci. Minucci looks like a mafia boss straight out of Central Casting. As he swaggers to the stand, he wears a tight black suit that strains against his stomach. He's a former real life gangster who played a mob boss in the film Carlito's Way. He tells the jury that he's now Brother Frank. After a life of crime, he found the Lord and became an ordained minister. He even wrote a book about his journey called Brother Frank A True Story. That's how he met Blake. Blake called him to talk about turning the book into a movie. From there, the two spoke on the phone, weekly bonding about their tough childhoods.
- [07:43]
Gerald Schwartzbach
He hated Hollywood. At one point, he told me he'd been on the psychiatric couch for 35 years and it wasn't doing him any good.
- [07:51]
Narrator
Then he says, In 1999, Blake started complaining about abroad. Said she was pregnant and he wasn't happy about it. Blake suggested Mnucci could help him out.
- [08:03]
Gerald Schwartzbach
He said, he's got something really heavy for me to do. He said he would give me a blank signed check. I said, what are you talking about, Bobby? You want me to whack somebody?
- [08:14]
Narrator
Blake cautioned him not to talk about it on the phone, but Minucci didn't like that.
- [08:19]
Gerald Schwartzbach
I told him, you got the wrong guy. I don't do those things anymore.
- [08:24]
Narrator
He said Blake sent him two envelopes filled with five $100 bills. Minucci figured it was payment for something, but he didn't know what for. When Samuels is done, she hands the witness to the defense for cross examination. But Schwartzbach's cross is short. Each question he asks, Minucci meets head on. When he asks about Minucci's criminal connections.
- [08:51]
Gerald Schwartzbach
He shoots back, I'm not on trial here.
- [08:54]
Narrator
When he cuts Minucci off for elaborating on a yes or no question, he.
- [08:59]
Gerald Schwartzbach
Says, you ask me a question, I want to give an answer.
- [09:03]
Narrator
The defense attorney tries one more time.
- [09:06]
Gerald Schwartzbach
The last time you had a conversation with Mr. Blake, he told you he was going to retire with that woman. Correct? Minucci says, either that or retire her.
- [09:19]
Narrator
The answer is stricken from the record. Shelly Samuels watches from the prosecution table with her arms folded. Mnucci may be a character, but his testimony bolsters the theory that Blake wanted Bonnie dead. The state calls Ronald Duffy Hambleton. The final chapter of Shelly Samuel's case rests on the frail shoulders of another retired stuntman. Duffy Hambleton has battled a lot in his 68 years. Cancer, leukemia, drug addiction. But he's here. Duffy is the only witness who can link the actor to a critical piece of physical evidence, a prepaid calling card Blake purchased that shows he called Duffy 56 times in the weeks leading up to Bonnie's murder. There was also one call the day after she was killed, and then the call stopped. When Duffy is seated, Samuels asks him about his first lunch with Blake. Duffy says they thought they were meeting about a movie script, but then the topic shifted to murder. Blake said he wanted his wife snuffed. He wanted to protect Rosie from her mother, claiming she'd involved another of her children in pornography.
- [10:41]
Gerald Schwartzbach
He said he didn't care if he was caught with a smoking gun because he wanted to make sure Rosie didn't grow up in the same environment. He wanted things to happen right away.
- [10:51]
Narrator
After lunch, he says, Blake drove him around the neighborhood looking for spots to do it. One of those spots was the alley behind Vitello's restaurant. Blake even pointed out a hiding place where someone could jump out. He had other murder scenarios as well. In one, Blake said he could take Bonnie on a camping trip. Duffy could then ride up on a motorcycle and take care of business while the two of them were camped out on a lonely road. Blake even took him on a trip out to the desert and showed him a place to dig a grave. Duffy testifies there were eight different scenarios in all proposed over the course of four meetings. He said in most of the scenarios, Blake wanted to be at the crime scene. He wasn't concerned about playing his role. He told Duffy, don't worry about it. I'm an actor, you know, I'll take care of it. When Duffy finally told him he wanted nothing to do with any murder plot, Blake said, well, if you're not going to do it, then I sure as hell am. Duffy then recounted the last conversation he had with Blake. Blake asked him to confirm that the prepaid calling card was untraceable. It was hours before Bonnie was murdered.
- [12:16]
Gerald Schwartzbach
Schwartzbach knows Duffy Hambleton will be harder to discredit than Gary McLarty. McLarty and Blake only met once. On the stand, McLarty was shaky about details. He couldn't even say for sure if Blake solicited him to harm Bonnie. In contrast, Duffy and Blake met four times. Duffy remembers extensive details about all the murder plots Blake proposed. He was very Blake wanted Bonnie dead. There are Other questions Schwartzbach would like to ask Duffy, like his connection to Christian Brando and the phone call overheard by Brando's caretaker where Brando talked to Duffy about putting a bullet through Bonnie's head. But all that evidence was ruled inadmissible. So he'll have to take Duffy apart another way. His tactic will be the same as it was with McLarty. He'll attack the witnesses credibility. Schwartzbach launches his first salvo by calling Duffy a liar. He says when Duffy was first questioned by the police, he said he knew nothing about the case, but he just testified in detail about Blake's alleged murder plots. He accuses Hamilton of fabricating his story. He says Duffy made it all up after reading about the case in the tabloids. He brings up Duffy's run ins with the law, like the time he called 911 thinking his ranch was under attack by armed gunmen. When police responded, they found there was no one attacking his property and Duffy was under the influence of method. Duffy admits that's true, but he insists he quit using the drug right after that incident, which was in 1999. Finally, Schwartzbach asks if Blake made it crystal clear he wanted Bonnie dead, why didn't Duffy go to the police? Duffy tells him, I just wanted to get out of it any way I could. No matter how Schwartzbach attacks him, Hamilton doesn't back down from his story. The prosecution star witness, albeit shaky, is still standing.
- [14:37]
Narrator
Shelly Samuels walks through the doors of the Van Nuys Superior Court, passing by throngs of reporters. It's Valentine's Day 2005, but she's not thinking about hearts and flowers. Today she will conclude her case. She starts by putting Blake on the stand, but not directly. Instead, she plays an excerpt from the interview Blake did with Barbara Walters. In the clip, Blake says he and Bonnie were planning for their future together, that Bonnie's whole family was going to move to Los Angeles. He said there was no downside for him. He sounds normal, even nice. But Samuels tells the jury Blake was lying. He wasn't planning for a happy future with Bonnie and her family. And she intends to show it. She has two phone recordings between Blake and visitors while he was in jail, recordings where Blake sounds angry. She presses play.
- [15:40]
Robert Blake
What the fuck are they gonna do to me? What the fuck are they gonna do to me? God's been on my shoulders since I was born. God's been on my shoulders since Rosie was born.
- [15:53]
Narrator
Then she plays the most damning clip, one Samuels contends, shows what Blake really thought about Bonnie's family.
- [16:01]
Robert Blake
When this shit is all over, no matter what happens, they're gonna be all right. Financially, Rosie is safe. Those monsters will never get her.
- [16:13]
Narrator
Samuels has spent seven weeks in the courtroom and presented 68 witnesses. She's made the strongest case possible against Robert Blake, she tells the judge. The prosecution rests. When the jury begins to file out, Robert Blake breaks down. His lawyers try to shield him from view. Then he's rushed out of the courtroom, where his sobs can be heard down the corridor.
- [16:49]
Gerald Schwartzbach
Gerald Schwartzbach has spent the last year of his life living and breathing the Robert Blake murder case. He's combed through 42,000 pages of documents, examined over 900 pieces of evidence, and sat through weeks of testimony from the prosecution. On February 15th, he presents his case for the defense. Gary McLarty was one of the prosecution's star witnesses. He crumbled under cross examination, but McLarty still still came across as sympathetic. Schwartzbach needs to completely discredit him. He calls McLarty's son to the stand. Cole McLarty is 31 and the spitting image of his father, with his broad shoulders and small eyes. He followed in his father's footsteps by becoming a stuntman. He testifies his father started doing cocaine when Cole was a kid, and the years of drug abuse left his father delusional. So delusional that at one point his father believed someone had bugged his phone and put a tracking device on his motorcycle. Schwartzbach asked Cole what he thought about his father's testimony that Blake tried to solicit McLarty to kill Bonnie. Cole considers I just felt my father with his drug problem, could have said stuff that was inaccurate and unfair. Fair to Mr. Blake. Cole says his father told him Blake did offer him $10,000, but it wasn't to kill Bonnie. It was to beat up a stalker. Do you recall your father saying anything about Blake wanting his wife killed? No. Next, Schwartzbach calls McLarty's estranged wife, Karen, to the stand. She backs up her son's statements, adding that McLarty did coke for most of the 33 years they were together. On her cross, Samuels tries to do damage control.
- [18:50]
Narrator
If you were so worried about his cocaine use, why didn't you ever contact anyone involved with the 136 movies on which McLarty served as a stuntman or stunt coordinator?
- [19:02]
Gerald Schwartzbach
Ms. McLarty, a former stunt woman herself. Drugs?
- [19:06]
Narrator
There's a lot of people who do cocaine in Hollywood, and it's not looked on as that horrible.
- [19:13]
Gerald Schwartzbach
When the mother and son are done testifying, Schwartzbach has accomplished his goal. Gary McLarty's testimony has been decimated.
- [19:30]
Narrator
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- [20:45]
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- [21:53]
Gerald Schwartzbach
Schwarzbach still has another stuntman to destroy Duffy Hamilton. Unlike McLarty, Duffy held up under cross. He never wavered from his story and said he hadn't used drugs since 1999. But Schwartzbach has a plan he calls Keith Seals. Seals is a friend of Duffy's and a convicted drug dealer. He tells the jury he and Hamilton did meth together nearly every day, seals says. We'd give each other drugs. Drugs get each other high. It was the Basis of our relationship. Schwartzbach asks Seals if he's ever made meth at Duffy's ranch. Seals says yes, he brewed meth in a coffee pot in Duffy's pool house and Duffy was there. Schwartzbox sees some of the jurors taking notes, but he isn't done. He calls Donna Sharon, another friend who did math with Duffy. She testifies that Hamilton wouldn't sleep for days and get paranoid. He would stand at the front window with binoculars and stare for hours. He thought people disguised as sagebrush were sneaking around the house. Then Schwartzbach calls a psychopharmacologist to the stand. His area of expertise is cocaine and methamphetamine use. He testifies that long time users of cocaine and meth often suffer from alternate realities and hallucinations that can last for years. The point is made. Duffy Hamilton's memories of any conversation or meetings with Blake shouldn't be trusted.
- [23:39]
Narrator
People like to think that they're objective, but they aren't. Even something as simple as judging a person's mood or behavior is prone to mistakes and unconscious bias. Especially when the incident happened almost four years earlier. Shelly Samuels introduced a string of witnesses who said Blake's behavior didn't seem genuine the night of the murder. It was suspicious. Now it's Gerald Schwartzbach's turn to present his witnesses. They remember an entirely different Robert Blake, an animation director from Warner Bros. Who dined at Vitello's the night Bonnie was murdered, tells the jury Blake seemed fine. The actor even waved to him and his friend.
- [24:24]
Gerald Schwartzbach
I gave him a head nod. He waved back. I'm a fan. I ordered the Robert Blake pasta special that night. It was nice to see him there.
- [24:33]
Narrator
The friend he dined with gave a similar statement on the stand. He waved at Blake too, and Blake waved back. Both agree. Nothing about Blake seems strange. A fire captain who was at the murder scene said Blake's demeanor seemed totally normal for someone under stress. He had his head in his hands. I think he was moaning. Then a waiter is called to the stand. He'll refute the prosecutor's assertion that Blake had parked on a dark street two blocks away as part of his murder plot. The waiter tells the jury it was actually quite common for Blake to park on the street. He often saw the actor's Dodge Stealth parked in the same area as the crime scene. Schwartzbach asks the waiter if he can identify Blake. The waiter nods. He points at the actor and says, hey, Mr. B, how you doing? Even Blake laughs. But as far as the testimony, it'll be up to the jury to determine whose memory is most believable.
- [25:41]
Gerald Schwartzbach
On February 22, Schwartzbach gives the jury a crash course in the science of gunshot residue. Blake's hands had been tested for residue, but it wasn't until two and a half hours after Bonnie's murder. Police found five particles consistent with gsr. The prosecution still claimed Blake had fired the gun, threw it away, then wiped and washed his hands. Schwartzbach needs to prove that it was impossible for Blake to have fired that particular gun and only have five particles of residue on his hands when he first took the case. He was surprised to find that none of Blake's previous lawyers had the murder weapon test test fired. So he sent the gun to a ballistics lab for analysis and hired forensic scientist Celia Hartnett to conduct the tests. Now he calls her to the stand. During five hours of testimony, Hartnett gets key points across. The murder weapon was a Walther P38, an antique that produces a lot of residue. When they test fired the gun, it left two things. 2,440 particles on the shooter's hand. Her calculations showed that when Blake's hands were tested, he should have had nearly 100 gunshot residue particles remaining. More than 20 times what the police detected. Even if Blake washed his hands, it's unlikely so little residue would remain, she says. Schwartzbach turns to the jury and hammers home his this point. There is nothing physical that connects Blake to the murder. Nothing. The prosecution's case is based on speculation, not on science. The next day, the defense rests.
- [27:34]
Narrator
On March 3, 2005, after three months of testimony, the lawyers get their final shot at convincing the jury they each have the strongest case. Bonnie's oldest daughter, Holly, sits in the front row of the gallery waiting to hear the final remarks about the mother she loved. At the end of the same row is Blake's oldest daughter, Delena. She sits directly behind her father. Both women are pregnant. In an odd turn in the tragic events, both of their children will call Blake and Bonnie's four year old daughter, their aunt. The prosecution is up first. Shelly Samuel's closing statement hinges on three motive, opportunity and means. She tells the jury the case is all about the defendant getting what he wanted. And if he couldn't get someone else to do it, he'd do it himself. He was tricked by Bonnie Lee and he hated her for it. The defendant fancied himself street savvy and he was taken by a small time grifter. Then she brings up the phone records detailing over 50 calls between Blake and the stuntmen leading up to the murder. She reminds the jury that Blake tried to hire three different hitmen to kill his wife. But when none of them would do it, Blake took matters into his own hands. She admits her key witnesses have credibility issues. But she says Blake was trying to hire a hitman, not a minister. You're not going to go to anybody upstanding. Just keep in mind that's why they were picked. Samuels tells the jury to use their common sense. Robert Blake murdered Bonnie Lee Bakley. The state has proven it beyond a reasonable doubt.
- [29:33]
Gerald Schwartzbach
Gerald Schwarzbach's outline for his closing argument is 160 pages. But his first point is simple. There is nothing to indicate Robert Blake shot Bonnie Lee Bakley. There is no direct evidence, he tells the jury. None. Zero. Zippo. Maybe you think he might have done it. Maybe he probably did it, but it hasn't been proven to you beyond a reasonable doubt. Schwartzbach then plays a clip from the Barbara Walters 2020 interview. The same clip Shelly Samuels played, but this time he lets it run longer. Blake talks about his life before he met Bonnie Lee Bakeley. Blake said he was pathetic, that his career had stalled. He was a lonely man. Then Rosie was born. He says, God gave me the gift of the century. I always thought my life was a home run. Now at the end of the trail, I was going to get to hit the ball out of the universe. It's all about Rosie. It's always been about Rosie. The greatest gift in the world, and I'm gonna try and mess it up by being selfish. Shelly Samuels had used the Barbara Walters interview to try and prove Blake was a phony, that he was a cold blooded killer. Schwartzbach is banking on the jury seeing a loving father, A man who deserves another chance. Schwartzbach turns to the jury. He's emotional. All I ask you to do is to do justice. End this nightmare for Mr. Blake and you will give him his life back. On March 16, 2005, the Van Nuys courtroom is packed with press. But there's not a sound in the room. After nine days of deliberation, the jury has reached a verdict. Robert Blake sits at the defense table with a stoic look on his face. He's 71 years old. @ his age, any sentence is a life sentence. It's been a long journey for Blake. He went through multiple postponements and several lawyers. But Gerald Schwartz. Schwartzbach has stuck by his side and poured his heart into this case. Blake leans over and whispers, jerry, it's okay. The courtroom goes silent as the jury files in, the foreman hands the verdict to the bailiff, who walks to the judge. She reads silently. Then she hands it back to the bailiff to be read.
- [32:28]
Jury Foreman
We the jury, in the above entitled action, find the defendant Robert Blake not guilty of the crime of first degree murder of Bonnie Lee Bakeley in violation of penal cold section 187.
- [32:40]
Gerald Schwartzbach
Blake heaves a sigh and looks down at the table. Then he turns and wraps Schwarzbach in a hug. His shoulders shake with sobs. The verdict continues.
- [32:52]
Jury Foreman
We the jury, in the above entitled action, find the defendant Robert Blake not guilty of the crime of solicitation of murder in violation of penal code section 653F, subsection B, to solicit Gary McLarty to commit and join in the commission of the murder of Bonnie Lee Bakley as charged in count three of the information.
- [33:14]
Gerald Schwartzbach
Three years after the murder of Bonnie Lee Bakley, Robert Blake is a free man. As Blake leaves the courthouse, he borrows a pair of bolt cutters from a cameraman and cuts off his ankle bracelet. Schwartzbach grabs it and waves it over his head. Blake tells the crowd he wants to thank God for the private investigators who dug up dirt on the driver. Drug addicted stuntmen. If you live to be a million, you will never ever in your life meet anyone more blessed than me. A reporter asked Blake who he thinks killed Bonnie. Blake's response is short. He tells the reporter to shut up.
- [34:08]
Narrator
When the jurors are interviewed later. Later, several mention the lack of physical evidence. And they say they had trouble believing the prosecution's key witnesses. Jury foreman Thomas Nicholson says the case was flimsy and disjointed. You couldn't put the gun in his hand, he says. There was no gunshot residue, no blood on the clothing. There was nothing. Some didn't believe the theory that Blake killed Bonnie himself after failing to get someone else to do it. Others say there were links missing from the chain. One panelist gives his thoughts to a CNN reporter.
- [34:47]
Gerald Schwartzbach
I felt Robert Blake was an innocent guy.
- [34:51]
Narrator
I think the prosecution did the best job that they could do with what they had. They didn't really have a lot to go on.
- [34:59]
Gerald Schwartzbach
I mean, that's one reason why we.
- [35:00]
Narrator
Had a circumstantial case. For Detective Ito, the verdict is a huge disappointment. But after almost four years, it's over. Downtown, outside LAPD headquarters, District Attorney Steve Cooley is angry. He tells the press Blake is guilty as sin and a miserable human being. Then he blasts the jury, calling them incredibly stupid. The jury foreman claps back. It appears to me he has no faith in the jury selection. I'm disgusted. After all, it was his people who helped choose us. When Bonnie's sister Marjorie hears the verdict, she's devastated. She tells Court TV it's open season in Los Angeles for anyone's wife or girlfriend to be killed if you have enough money. He said he was going to kill her. And he said he was would get away with it because I'm Robert Blake. He was right. But Bonnie's family isn't done with Robert Blake yet. They want justice.
- [36:14]
Jury Foreman
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- [37:26]
Narrator
Attorney Eric Dubin is in for the fight of his career. It's September 5, 2005 at the Los Angeles Superior Courthouse in Burbank. Dubin is in his 30s, but he looks younger. He was a personal injury lawyer from Orange county until he got a call from Marjorie Bakley, Bonnie's sister. Her Marjorie told him she wanted him to represent her in a wrongful death suit against Robert Blake. She liked how aggressive and eager he sounded. Marjorie was right. Dubin is eager. He's also in over his head. He's never tried a case like this and he's massively outgunned. Blake's attorney for the civil trial is Peter Ezell. Ezell has tried over 150 cases and only lost three. He's the managing partner of a huge firm with deep pockets. Dubin is a one man band with an office in Irvine. But what Dubin lacks in chops, he makes up for with dedication. He attended nearly every day of Blake's criminal trial taking copious notes. He's been getting by on two hours of sleep a night for A year. He wants Blake held responsible for Bonnie's murder and wants justice for Bonnie's kids. The kind of justice that comes with a big check. Dubin already convinced the family to turn down a $250,000 settlement. He's gambling he can get them a lot more if he wins. A civil trial uses a lower burden of proof than a criminal trial. So even if a jury is not completely convinced, they can still find Blake guilty. The judge tells Dubin to proceed with his opening statement. He turns to the jury and tells them, yes, Bonnie made some mistakes in her past, but he'll prove that it was Blake's actions that led to Bonnie's death. Then he goes into the case in detail. A lot of detail. He speaks for almost four hours. Finally, the judge pulls the plug. The attorney is floored. You mean my whole opening statement is over? The judge replies with a terse yes. Dubin's next move is one he's been waiting for ever since he took the case. He's going to put Blake on the standard. Blake didn't have to testify at the criminal trial, but in a civil trial, he does. Dubin's strategy is simple. He's going to lure Blake into a cage match, jab at him till he makes a wild swing. Then the jury will see the real Robert Blake with their own eyes. Or they might see an arrogant, inexperienced lawyer bullying a frail old man. It's a risk. Round one begins on September 30th. Dubin comes at Blake with the gloves off.
- [40:30]
Gerald Schwartzbach
Good morning, Mr. Blake. How many times would you estimate you have lied under oath since your wife was killed in May 2001?
- [40:40]
Narrator
Blake doesn't hold back.
- [40:41]
Gerald Schwartzbach
I couldn't make an estimate because I haven't lied under oath.
- [40:45]
Narrator
Dubin knows he touched a nerve, so that's where he keeps hitting. Making Blake out to be a liar and a fraud. An entitled celebrity who thinks the rules don't apply to him. The kind of guy who hires someone to kill his wife. And it works.
- [41:04]
Robert Blake
Don't get cute with me now. I'm not gonna tell you again. I never instructed anybody to harm Bonnie in any way.
- [41:15]
Gerald Schwartzbach
Okay, we'll get to that.
- [41:17]
Robert Blake
No, we got to it right now. I never instructed anybody to harm Bonnie in any way.
- [41:25]
Gerald Schwartzbach
Wasn't it? Sure. You hated Bonnie at the time of her murder.
- [41:28]
Robert Blake
That's a lie.
- [41:29]
Gerald Schwartzbach
I'm asking you, did you hate.
- [41:30]
Robert Blake
It's a lie.
- [41:32]
Narrator
At one point, Blake gets so indignant, he turns to the judge and yells, I want him admonished. Instead, the judge admonishes Blake to control himself, but he can't. As the week of questioning stretches on, Blake gets more and more combative. His Jersey accent gets thicker. At times it feels like Dubin is doing battle with Beretta. Then, on the seventh day, Blake turns it into a street fight. During a heated exchange, Blake yells, he's lying. He's lying. He tells Dubin, don't get cute with.
- [42:11]
Gerald Schwartzbach
Me, Chief, or we're going to start talking about your personal life. I know a lot about you, and what I don't know, I can lie about.
- [42:20]
Narrator
Dubin asks if Blake is threatening him. Blake growls that it's not a threat, it's a promise.
- [42:34]
Gerald Schwartzbach
After a week of Mortal Kombat, Blake's lawyer has his turn. Peter Ezell uses the defense's playbook from Blake's criminal trial. Dismantle the evidence and discredit the witness. He starts by telling the jury there is no real evidence against his client. That's why he was acquitted of murder charges. He argues that one of the men Bonnie scammed could have killed her. But then he tells the court there is critical evidence that wasn't presented at the criminal trial. Evidence that shows there is another strong suspect. Christian Brando. He had killed before. He could do it again. On October 25th, Peter Ezell calls Christian Brando to the stand. Brando walks across across the courtroom. He wears a dark suit and looks anxious. His lawyer follows him to the witness box and stands off to one side. Ezel plays the tape Bonnie made of the phone conversation with Brando. It was a call after he learned that the baby Bonnie told him was his was actually Blake's. Well, you better really, really get a.
- [43:44]
Robert Blake
Handle on that and really think about.
- [43:45]
Gerald Schwartzbach
What you're telling you, you know, you're doing. You're lucky, you know, I mean, not on my behalf, but you're lucky somebody ain't out there to pull a bullet in your head. Ezel asks Brando if it's his voice on the tape. Brando says it is. When Ezel asks his next question, it's Brando's lawyer who answers. My client invokes the fifth Amendment to protect him from possible self incrimination. And he gives the same answer to every other question Eel poses, including, did you kill Bonnie lee Bakley? After 30 questions and 30 invocations of the fifth, Brando exits the witness stand. He walks past the jury, points towards Blake, and mouths the words, the asshole did it. At least one juror would later say Brando also whispered the word guilty. Ezel didn't get any answers from Brando, but he got what he needed. Brando looks guilty now, and that deflects attention away from Blake.
- [45:05]
Narrator
In his closing argument, Eric Dubin goes straight for the heart. He screwed up his opening remarks, and he needs to nail this one. The lead homicide detectives are in court today, watching the proceedings. This is the last chance for justice. Dubin begins with an apology, admitting he's new at this. If the questions he asked were confusing, if he was too theatrical at times, he asked the jury to please not hold it against his clients. Bonnie's children lost their mother, and Blake should be found guilty and forced to pay. In defense attorney Peter Ezell's closing remarks, he said there wasn't enough evidence connecting Blake to his wife's killing. He also said the Bakley children's loss of their mother's love and guidance held no monetary value. To make his point, he pulled out a chart and scribbled zeros next to categories of damage. Dubin makes an emotional counterpoint. He writes the name of Bonnie's children on a flip chart. Then he puts a zero next to each one and writes the word love inside. He tells the jury nobody is a. A mother who loves her kids is priceless, and there is no dispute. Bonnie loved these kids, and these kids loved Bonnie. Then he makes a final plea and points to Robert Blake. He killed their mom. There has to be justice now. It's in the hands of the jury.
- [46:51]
Gerald Schwartzbach
On November 18, 2005, at 1:30pm the jury sends word to the bailiff that they've reached a verdict. They've been out for eight days. The mood in the courtroom is a combination of excitement and tension. Extra security is posted both inside and outside the courthouse. There are no empty seats. Robert Blake sits silently next to his team, waiting to hear his fate. For the second time in a year, attorney Eric Duman is a bundle of nerves. As the jury files in, the court is quiet. There are a few murmurs and whispers from the back. Then the court clerk reads the verdict. To the question, did Robert Blake intentionally caused the death of Bonnie Lee Bakley on May 4, 2001? The answer is yes, he has. The jury is divided 10 to 2. Next comes the decision on how much to award Bonnie's family. How much is Bonnie Lee Bakley's life worth? The jury's answer is $30 million. There is no breakdown at the defense table, no histrionics from Blake. He listens, his head down, and then he and his lawyers leave the courtroom without saying a word. There are tears, though. Attorney Eric Dubin can't help himself. He thanks each juror personally for their decision. None of Bonnie's children are present. But later, Bonnie's daughter Holly tells report quarters the family is grateful. She says it was a nightmare, but now it's time to repair their lives and move on. She knows there isn't any money left to recover from him. It's the verdict that's important. Outside the courtroom and in the coming days, the jury speaks out. Most say it was Robert Blake's own testimony that informed their verdict. One tells reporters, we expected Mr. Blake to conduct himself in a professional manner. He was always very angry back and forth with Mr. Dubin. Another juror says of the $30 million settlement, the majority of us feel Mr. Blake was guilty, and there's no price that can be put on the love of a parent. But Blake doesn't give up the fight. His lawyers file an appeal and challenge the amount of damages. They get the judgment reduced to $15 million. Then he files for bankruptcy. A tabloid story later claims the final settlement was $2 million to be divided among Bonnie's four children. Even though Eric Dubin thinks it isn't enough, the cost of the trial and the settlement will leave Robert Blake broke.
- [50:12]
Narrator
It's been more than two decades since Bonnie Lee Bakley was murdered, but the question of who killed her remains unsolved. The investigation is technically still open, but Detective Ron Edo still believes Blake did it. He retired in 2009 after three decades with the LAPD, but four years ago, he sat down with Marcia Clark for an interview on her hit TV series, Marcia Clark Investigates. Clark tried the O.C. o.J. Case and knows a lot about celebrity trials. She asked Ito point blank what he thought. Do you think Robert Blake got away with murder? I do.
- [50:53]
Carl
I think he did get away with it.
- [50:55]
Robert Blake
I think Mr. Blake got away with murder, and he knows it.
- [50:59]
Narrator
Christian Brando never spoke publicly about Bonnie's murder, but he made headlines again when he pleaded guilty to domestic abuse. After a brief, messy marriage, he died of pneumonia in October 2008. He was 49. Six years later, retired stuntman Gary McLarty died in a fiery crash on a freeway outside of Sacramento. He was 73. Both Earl Caldwell, Blake's bodyguard, and stuntman Duffy Hambleton disappeared from public view. Gerald Schwartzbach continues to practice law, as does Eric Dubin. Both have earned numerous accolades. Shelly Samuels became a judge. Robert Blake is almost 90 and lives in a small apartment in the San Fernando Valley. He occasionally makes YouTube videos and posts on Twitter. After his acquaintance he never acted again. Two years ago, he sat down with ABC to give them an update on his life.
- [52:08]
Robert Blake
I'm not giving up. I didn't stick a gun in my mouth. I'm not juicing. I ain't taking dope. You say, well, why don't you work? Cause I'm half dead. If you live to be a thousand, you'll never beat anybody with more miracles in their life than me.
- [52:30]
Narrator
For his 88th birthday, Blake posted a long thread about his past struggles with drugs, alcohol and depression. He ended it with a postscript. You only go around once, so enjoy every minute of it. Despite having lost everything to gain custody of his daughter, Blake wasn't part of Rose's life. As she grew up, Blake's eldest daughter, Delena, legally adopted her and raised her away from the Limelight. She's now 22 years old. In 2019, she told a People magazine reporter she recently reconnected with her father. She said they talked about everything except what happened on that dark, quiet street on May 4, 2001. She's not sure they ever will. Bonnie Lee Bakley only went around once, but she was a Category 5 hurricane of Big dreams, dashed hopes and endless optimism. No matter how many times she got knocked down, Bonnie picked herself up and reached once more for that brass ring until two lead slugs cut her dreams short. Bonnie didn't get the fame she craved in life, but she got it in death. True crime aficionados visit her grave. Others go to Vitello's, the restaurant where Bonnie had her last meal. Fusilli a la Robert Blake is still on the this is our final episode of the execution of Bonnie Lee Bakley. A quick note about our scenes Some scripted dialogue has been added for narrative cohesiveness. We used many sources when researching this story, but sources we found exceptionally helpful are the Los Angeles Times, CNN Today.com, the blog Eye on the Sparrow and the ABC 2020 documentary the Robert Blake Murder Case. We also recommend the books Leaning on the A Personal History of Criminal Defense by M. Gerald Schwartzbach and the Star Chamber How Celebrities Go Free and Their Lawyers Become Famous by Eric Dubin. Our show was produced by Rebecca Reynolds, Jim Carpenter and me for Hollywood and Crime. Our writers are Steve Chivers and Elizabeth Cosin. Our senior producer and editor is Lordana Palovoda. Additional reporting by Alyssa J. Perry. Additional story editing and reporting by Rachel B. Doyle. Sound design is by Kyle Randall. Audio assistance from Sergio Enriquez. Executive producers are Stephanie Jens and Marshall Louie. For Wondry.
- [55:48]
You'Ve just finished episode one of Death of a Starlet, and the stage is set for a gripping tale of ambition, deception and the dark side of fame. In the next episode, Dorothy's dreams come true as she becomes a Playboy centerfold and starts a new life in Los Angeles. But her meteoric rise attracts the attention of a dangerous predator lurking in the shadows of Hollywood. As Dorothy's star continues to rise, her obsessive boyfriend, Paul Snyder grows increasingly desperate to maintain control. His jealousy and rage threaten to destroy everything Dorothy has worked for, leading to a chilling confrontation that will leave you breathless. With a deadly dance of power and manipulation unfolding, Dorothy finds herself caught between her dreams of stardom and the terrifying reality of a man who will stop at nothing to possess her. Episodes two through seven are available exclusively on Wondery ad free. Subscribe now to binge the rest of the season and dive into other gripping true crime and history podcasts. Download the Wondery app and subscribe to Wondery Today so you don't miss a moment of this thrilling story as it unfolds.