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Blake attorneys seek bail hearing

Robert Blake at his arraignment.

LOS ANGELES, California (CNN) -- Attorneys for actor Robert Blake filed an appeal Thursday of a lower court decision not to hold a bail hearing until after a preliminary hearing, which could be months away.

Blake, charged with murder in the shooting death of his wife, Bonny Bakley, has been held without bond since his arrest April 18. He has not been eligible for bail because the special circumstance of "lying in wait" is included in the charges.

In their petition, defense attorneys allege the prosecution "abused its discretion in charging a special circumstance solely for the purpose of denying bail."

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Bakley, 44, Blake's wife of six months, was shot in the head May 4, 2001, as she sat in Blake's car outside a Studio City restaurant where they had just eaten.

Prosecutors have said they can prove that Blake long planned to set up an ambush of his wife, unsuccessfully trying to find a hit man to kill her before finally deciding to shoot her himself. Blake has denied killing Bakley.

Earle Caldwell, Blake's one-time bodyguard, is charged with conspiracy to commit murder and has been released on $1 million bail, posted by Blake

Blake, 68, was the star of the 1970s television series "Baretta." The district attorney's office is not seeking the death penalty in the case.