Actor Blake’s Murder Trial Is Again Delayed

At the request of the defense, a judge postponed Robert Blake’s murder trial Monday after last week’s theft of a computer containing documents crucial to the actor’s defense.

Los Angeles County Superior Court Judge Darlene E. Schempp delayed opening statements, which were set for Monday, until Dec. 20.

The nearly 4-year-old murder case has been plagued by delays. Police took almost a year after the killing to arrest Blake, then a bail appeal and a shuffling of defense lawyers led to several postponements.

Despite the most recent delay, lawyers in the case are expected to return to court Dec. 15 for key pretrial rulings on potential evidence.

Los Angeles County Deputy Dist. Atty. Shellie Samuels has asked Schempp to exclude allegations of illegal drug use by stuntman Gary McLarty, one of the prosecution’s star witnesses.

And Blake’s lawyer, M. Gerald Schwartzbach, doesn’t want jurors to see a television clip from Blake’s February 2003 jailhouse interview with ABC’s Barbara Walters.

Schwartzbach had been trying to discredit McLarty, telling the judge that the stuntman was admitted to a psychiatric ward for alleged illegal-drug-induced psychosis. The lawyer said that McLarty’s son told a tabloid that his father crawled for a mile in a drug-induced paranoia, fearful of aliens and police.

The discussion of McLarty’s medical history drew a strong rebuke from Samuels, who said the defense was trying to “dirty up the witness.”

Schwartzbach said he would prove McLarty was under the influence of illegal drugs when Blake allegedly solicited him to kill his wife, Bonny Lee Bakley.

On Monday, Schempp was cryptic in announcing the delay to the 12 jurors and four alternates.

“A development did occur that has necessitated a short continuance,” she said. “I know it’s an inconvenience, but it is necessary.”

She did not mention the Wednesday burglary of Schwartzbach’s Sherman Oaks apartment, in which the computer and backup memory devices were taken.

Schempp asked jurors whether any of them were aware that “something has occurred in relation with this case” since they were sworn in Wednesday. Five jurors and three alternates raised their hands and were questioned individually in chambers.

In front of the jury, Schempp asked: “Mr. Schwartzbach, are you presently ready for trial?” He responded: “No, your honor.”

The burglary occurred while Schwartzbach, Blake’s fourth criminal defense lawyer, was in court for jury selection last week. There are no suspects.

Schempp ordered authorities to fingerprint the stolen items if they are found, but not access data from the laptop computer or the separate backup memory sticks, until the court-appointed special master, attorney James E. Blatt, is present.

Schwartzbach said last week that he was determined to put on a vigorous defense, even without the computer, which Blatt says contained reports, analysis and other items essential for the defense.

Blake, 71, faces life in prison if convicted of the May 2001 killing of Bakley, 44, as she sat alone in his parked car near a Studio City restaurant where the couple had dined. Prosecutors say the former “Baretta” television star asked two stuntmen to kill her, and when they refused, he pulled the trigger himself.

Blake spent 11 months in jail after his April 2002 arrest before a judge set bail at $1.5 million. He has pleaded not guilty to murder and two counts of soliciting murder with a “lying in wait” special allegation.

Before court Monday, Blake, who has been unusually quiet since Schwartzbach took control in March, said the most recent delay did not bother him: “My whole life -- the good times, the bad times, family, no family -- I’ve always believed in people.”