$1 Million Ordered Returned to Blake

A Los Angeles judge Monday ordered the return of the $1 million that Robert Blake posted as bail for handyman Earle S. Caldwell, who had been charged along with the actor in the slaying of Blake’s wife.

Prosecutors also announced they would not appeal an earlier decision to drop the conspiracy charge against Blake and Caldwell.

Los Angeles County Superior Court Judge Darlene E. Schempp, who will preside over the Blake trial next year, ordered Caldwell’s bail released during a brief court hearing in Van Nuys.

Deputy Dist. Atty. Shellie L. Samuels told the judge that her office had decided against challenging Schempp’s Oct. 31 decision to dismiss one count against Blake and the only criminal charge pending against Caldwell.

The 70-year-old actor still faces life in prison without parole on charges that he killed his wife and solicited others to kill her.

Outside of court, Samuels said the matter was not pursued “because we didn’t think we would be successful on appeal.”

She said prosecutors could refile the conspiracy to commit murder charge against Caldwell at any time because there is no statute of limitations for murder.

Prosecutors had accused Caldwell of helping Blake plot the slaying of Bonny Lee Bakley, 44, whom the actor married after a paternity test proved that he had fathered Bakley’s youngest child, a daughter named Rosie.

But Schempp ruled last month that the evidence presented by prosecutors “carries very little weight” toward proving that Blake and Caldwell conspired to kill Bakley, and dismissed the count.

The ruling has led to widespread speculation among court observers that Caldwell could now become a key witness in the upcoming murder trial.

But Caldwell deflected questions about his possible trial testimony after Monday’s hearing. “It’s up to the powers that be,” said the 47-year-old Burbank resident.

“Right now, we’re not aware of any role that he would play, but I believe he would be placed on Robert Blake’s witness list,” said Caldwell’s lawyer, Dana M. Cole. “The main thing is that he’s free to go and resume his life.

“I think he knows there’s always that potential sword hanging over his head in terms of refiling,” Cole said.

Caldwell, who said he was trying to get a job, said that he planned to attend the trial to show his continued support for the man who posted his bail in April 2002. Blake also paid for Caldwell’s lawyers.

At the time, Blake said through a lawyer that he believed he should pay Caldwell’s legal bills because he “is falsely accused of a crime arising out of his employment.”