
Not long after Mesereau quit, Blake hired criminal lawyer M. Gerald Schwartzbach to represent him. One of the first moves Schwartzbach made was to motion the court for an extension of the trial. A June 18, 2004 AP Worldstream article by Linda Deutsch suggested that "it was highly unlikely" that Schwartzbach would be ready in time for the September trial date because he needed more time to review the case. In July 2004, Judge Schempp "reluctantly" granted Blake and his defense attorney a two-month delay so that Schwartzbach could better prepare his case, Deutsch reported in a July 16, 2004 AP Online article. The trial was rescheduled to begin in November.
In August 2004, prosecutors requested that a former private investigator named William Jordan, 78, be allowed to testify months before the trial "because he is more than 70 years old" and "may be unavailable at the time of the trial," AP Online reported in a August 20, 2004 article. Judge Schempp agreed to the motion and allowed
Jordan testified that he and Blake devised a plan that involved convincing Bakely to travel with Rosie from Arkansas to California, a trip that would require her to travel outside her parole jurisdiction, Ryan Pearson reported in an August 21, 2004 AP Online article. According to the article, Blake further tried to persuade Bakely to leave Rosie with him, especially since there was a chance she could get busted for violating parole. Pearson quoted Jordan who said, "I considered the whole thing a gimmick to get her to give him the baby" because Blake feared Rosie would be exposed to a life of drugs and crime if she remained with her mother.

In September 2004, an AP Worldstream article reported that Schwartzbach tried to persuade the judge to allow evidence, which supports "the previous claim that a drifter with ties to Christian Brando" killed Blake's wife. Surprisingly, Judge Schempp who had previously denied the defense from introducing the evidence, agreed to consider admitting it this time. According to a




