Free Losing Faith by Adam Mitzner Page B

scans the courtroom, as if trying to come up with another way out. But if the prosecution and Garkov aren’t going to give it to her, she has no choice but to sign the order.
    “Given that Mr. Garkov is willing to proceed on the same schedule as previously established,” she says, “and noting the prosecution’s acquiescence, as well as Mr. Garkov’s constitutional right to proceed with counsel of his choosing, with the reservations I’ve already stated on the record, I’m going to permit the substitution.”
    “Thank you, Your Honor,” Aaron says, but his groveling doesn’t seem to register with Faith in the least. She doesn’t even make eye contact as she signs the document officially making him counsel of record.
    When Faith does look up again, it’s in the direction of the prosecution table.
    “Mr. Sanyour,” she says, “are there any matters that you would like to raise with the court at this time?”
    Sanyour stands again and again buttons his jacket. “No, Your Honor,” is all he says, and then he sits down.
    Faith next turns her attention to Aaron. “Mr. Littman, I’m assuming that you are still too new to have an opinion about anything in this matter. But I’m going to raise an issue of my own. Although Judge Mendelsohn saw fit to permit Mr. Garkov to be in home confinement pending trial, it is my order that Mr. Garkov be held without bail, pending trial. Effective immediately.”
    There’s a loud rumble in the gallery, reflecting the utter shock at Faith’s ruling. Garkov has been out on bail for months, and there hasn’t been any change in circumstances to justify incarcerating him now.
    “Your Honor,” Aaron says, quickly coming to his feet, “given that this is a departure from Judge Mendelsohn’s ruling, and because the court has ruled without notice or the benefit of briefing, the defense requests that you hold your decision in abeyance until we can be heard on the matter.”
    “You can be heard now, Mr. Littman. In fact, I’m all ears. Please explain to me why your client should continue to be able to live in the lap of luxury. This is a man who has been indicted for crimes that, if he were to be convicted, would likely result in life imprisonment. He is probably one of the most egregious flight risks imaginable, given the seriousness of the crimes for which he stands accused, coupled with the fact that he is a man of considerable means who is not a citizen of this country.”
    Prior to making an argument before a court, Aaron is usually provided extensive legal memos outlining the state of the law and bullet points of the best arguments and sound bites to make. He takes that work and uses it as the basis for crafting his own presentation. As a general matter, every five minutes Aaron speaks in court are preceded by one hundred hours of other people’s toiling. But that doesn’t mean he hasn’t had to wing it from time to time. Indeed, some of Aaron’s best arguments have come in such circumstances.
    “Thank you, Your Honor,” he says, and then pauses for a moment as he mentally sorts through the points he intends to make. “First, as the court is aware, bail has nothing to do with punishment, but is a device to ensure the defendant’s appearance at trial. Mr. Garkov has been out on bail for months without incident. Accordingly, there’s no reason to believe that he is a flight risk now. If anything, the risk of flight was much greater back when Judge Mendelsohn initially ruled that Mr. Garkov should be placed in supervised home confinement. Second, Mr. Garkov is under extremely tight protection. I can attest firsthand that it would be virtually impossible for him to flee the jurisdiction. He is guarded by no fewer than six people at all times. Third, at the present time, Mr. Garkov’s home incarceration is at no cost to the government. By contrast, time in the prison system imposes a cost, not only in terms of the dollars required to clothe and feed inmates, but also in