The judge turned and studied a calendar hanging on the far wall, above one of the clerk's desks. He chose the date ten court days away and ordered a preliminary hearing in Division 110. Krasner opened an appointment book and wrote it down. Gladden saw the prosecutor doing the same.
She was young but unattractive. So far, she had said nothing during the three-minute hearing.
"Okay," the judge said. "Anything on bail?"
"Yes, Your Honor," Feinstock said, standing for the first time. "The people urge the court to depart from the bail schedule and set an amount of two hundred and fifty thousand dollars."
Judge Nyberg looked up from his papers at Feinstock and then over at Gladden for the first time. It was as if he was trying to determine upon physical inspection of the defendant why he was worth such a high bail for what seemed like so lowly a set of charges.
"Why is that, Ms. Feinstock?" he asked. "I don't have anything before me that suggests a deviation."
"We believe the defendant is a flight risk, Your Honor.
He refused to provide the arresting officers with a local address or even a license plate number of a car. His driver's license was issued in Alabama and we have not verified it as a legitimate issuance. So, basically, we don't know if Harold Brisbane is even his real name. We don't know who he is or where he lives, if he has a job or family, and until we do, he is considered a flight risk."
"Your Honor," Krasner jumped in. "Ms. Feinstock is misstating the facts. My client's name is known to police.
He provided a legitimate Alabama driver's license of which there was no mention of a problem. Mr. Brisbane has just arrived in the area from Mobile seeking work and does not yet have a permanent address. When he does, he will be glad to provide it to authorities. In the meantime, he can be contacted if needed through my office and has agreed to check in twice daily with me or any representative of the court Your Honor chooses. As Your Honor knows, a deviation from the bail schedule should be based on a defendant I s propensity for flight. Not having a permanent address is in no way an acknowledgment of flight. To the contrary, Mr. Brisbane has entered a plea and waived any delays in this case. He clearly wishes to attack these charges and clear his name as soon as possible."
"Calling your office is fine, but what about the address?"
the judge asked. "Where's he going to be? You seem to have left out of your dissertation any mention of the apparent fact that this man already fled from police prior to his arrest."
"Your Honor, we challenge that charge. These officers were in plain-clothes and at no time identified themselves as police officers. My client was carrying a rather expensive piece of camera equipment-with which, by the way, he earns his living-and feared he was about to become the victim of a robbery. That is why he ran from those people."