is, after all, merely a presumption. Mr. Jackson has no prior
criminal record and is the single father of three young children who
require his care.'
So far, so routine. And so hopeless. It was the next part of Slip's
request that must have reflected the forty-minute recess.
'Regardless of defendant's custody status pending trial, Mr. Jackson
does not waive his right to a prompt hearing of probable cause. We
request that a preliminary hearing be scheduled at the earliest
possible date so that my client can contest the charges immediately. He
sees no need to await a trial date.'
Levinson was neither impressed nor amused. He took off his glasses,
scratched his bald head, and said, 'You're kidding me, right?'
Most people have heard of prelims from the high-profile California
cases. They're mini-trials to determine whether there's sufficient
evidence to hold the defendant over for trial. The federal system and
just about every state uses the less burdensome, more secretive grand
jury process instead. Oregon, as usual, had forged a third way: a
theoretical procedure for conducting preliminary hearings that never
actually took place. As a result of confusing court decisions and
years of local practice, indictment by grand jury was the routine.
Jackson did not, however, want to do this the routine way.
'I would never kid, your honor.' Slip was good at handling
cantankerous judges.
'You've explained to your client that the State's burden at a
preliminary hearing is considerably lower than at trial?' Levin-son
asked. The question was more for Jackson's sake than Slip's. 'That
all the State has to do is show probable cause? And that the Court is
required to draw every possible inference in favor of the State?'
'I've explained that all to him, your honor. Mr. Jackson's highest
priority is to be with his children. He is afraid he'll lose his kids
if he doesn't nip these charges in the bud. He knows it's an uphill
battle, but he wants at least to have that chance. As your honor well
knows, the grand jury process is even more lopsided.'
The prosecutor runs the show with the grand jury. No judge, no defense
counsel, no defendant.
'Your honor,' I said, 'I already have this case scheduled for grand
jury. He has no right to a preliminary hearing.'
'But he's not indicted yet, is he? And now he's asking for a
prelim.'
I tried to explain that wasn't how it worked, but Levinson wanted to
keep his docket moving.
'I don't see the harm, Ms. Kincaid, and I don't want to leave all
these people waiting here while the two of you argue about it. Friday,
JC-Three, at nine o'clock. I assume you can make it, Ms. Kincaid?'
'Of course,' I said, since that was the only acceptable answer to a
question that had used you in the collective sense. Judges assume
prosecutors are fungible. If I had open-heart surgery scheduled for
that morning, I'd have to find someone else. Fortunately, I did not.
Neither did Slip. 'I can clear my calendar, your honor.'
'Very good. As for bail, nice try, Mr. Szlipkowsky, but, unh-unh, I
don't think so. Remanded.'
I told myself there was nothing to worry about. Beating charges at a
prelim is unheard of.
I passed Russ on the way back to my office. I was beginning to think
the man lived in the hallway.
He looked at his watch when he saw me. 'You spent an hour and a half
over there to do one arraignment. I need to find you some more work,
Kincaid.'
I told him about Jackson's request for a prelim and the Friday hearing
date.
'You've got to be fucking kidding me. We don't do prelims.'
'Try telling that to Levinson while he's behind on his docket.'
'Well, we can't be ready to put on evidence by Friday morning. Did you
ask for more time?'
'No.'
He looked frustrated.
'It would've been pointless, Russ, and it's just a prelim. Weapon,
threats, paint, statements. Done. It'll take two hours.'
'Let's see,' he said, ticking my points off on his fingers. 'Hammer:
no blood tests yet; threat: every judge gets them, including whoever
you draw for the prelim on Friday; paint: you need an expert or else
Jackson's just a laborer with a can of beige paint; and statements: you
