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BLAKE'S LAWYERS MAKE THEIR CASE FOR NEW CIVIL TRIAL ACTOR CLAIMS JURY WANTED TO MAKE EXAMPLE OF HIM.


Byline: Brad A. Greenberg Staff Writer

BURBANK - An attorney for Robert Blake Robert Blake may be:
  • Robert Blake (admiral) (1599–1657), English naval commander
  • Robert Blake (dentist) (1772–1822), pioneering Irish dentist
  • Robert Blake (Medal of Honor recipient), the first African-American to receive the Medal of Honor
 argued Friday that the award-winning actor - acquitted of his wife's murder - should receive a new trial in a wrongful-death suit because jurors ignored the judge's instructions.

Blake is fighting the $30 million judgment he was ordered to pay to the adult children of Bonny Bonny (bŏn`ē), town, SE Nigeria, in the Niger River delta, on the Bight of Biafra. In the 18th and 19th cent., Bonny was the center of a powerful trading state, and in the 19th cent. it became the leading site for slave exportation in W Africa.  Lee Bakley, whom Blake married after she became pregnant with his daughter.

"We ended up with a verdict that size because the jurors decided when they left this courthouse they were going to make an example of Mr. Blake. They were tired of the Michael Jacksons Noun 1. Michael Jackson - United States singer who began singing with his four brothers and later became a highly successful star during the 1980s (born in 1958)
Michael Joe Jackson, Jackson
, the Phil Spectors, the O.J. Simpsons," said Blake's attorney, Peter Ezzell.

Judge David M. Schacter has until 5 p.m. Monday to rule on whether Blake deserves a new civil trial.

Eric J. Dubin, who represents Bakley's family, dismissed the motion for a new trial motion for a new trial n. a request made by the loser for the case to be tried again on the basis that there were significant legal errors in the way the trial was conducted and/or the jury or the judge sitting without a jury obviously came to an incorrect result.  as unwarranted.

"Not every infraction Violation or infringement; breach of a statute, contract, or obligation.

The term infraction is frequently used in reference to the violation of a particular statute for which the penalty is minor, such as a parking infraction.


INFRACTION.
 by a juror juror n. any person who actually serves on a jury. Lists of potential jurors are chosen from various sources such as registered voters, automobile registration or telephone directories.  calls for a new trial or a mistrial A courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial. It differs from a "new trial," which recognizes that a trial was completed but was set aside so that the issues could be ," Dubin said. "We come back to the question of whether there was anything here that wipes out three months of work."

Blake was found not guilty in March 2005 of first-degree murder and conspiracy charges stemming from the 2001 shooting death of Bakley, his wife of six months.

Eight months later, a civil jury ruled 10-2 that the former star of "Baretta" had "intentionally caused the death" of Bakley.

Blake said Bakley was murdered when he left her in the car while running back into Vitello's restaurant, where they'd just dined, to retrieve a handgun he carried for protection. But prosecutors alleged Blake killed Bakley because she was a con woman of dubious character and he wanted to raise their daughter himself.

In the civil trial, Blake's attorneys claimed jurors ignored the judge's instructions by discussing the case before deliberations and prejudging the facts.

Another juror failed to disclose that her daughter was in prison on a murder conviction, and a hearing-impaired panelist was unable to hear testimony, they said.

brad.greenberg@dailynews.com

(818)713-3634
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Publication:Daily News (Los Angeles, CA)
Date:Apr 8, 2006
Words:340
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