The Lost Years

34

On Tuesday morning at eleven A.M. Wally Gruber was brought before New York Judge Rosemary Gaughan for arraignment on charges of burglary and attempted theft. His round face was devoid of its usual friendly smile. His bulky body was garbed in an orange jail jumpsuit. His hands and legs were shackled.

The assistant district attorney began. “Your Honor, Mr. Gruber is charged with burglary and attempted theft at the residence specified in the complaint. He has a prior conviction for burglary, for which he served a prison sentence. We submit that the evidence here is extremely strong. Mr. Gruber was caught by the police as he broke into the home. We further note that the police are investigating another burglary in New Jersey for which he may be responsible. He is employed as a parking attendant at a city garage and there is evidence that he has been placing GPS trackers on cars so that he may be aware of when people are not home. The recent New Jersey burglary involved a theft of over three million dollars in jewelry while the family was away on vacation. We have been informed that a GPS tracker similar to the one surreptitiously placed on the vehicle of the owner of the New York home has been discovered on the vehicle of the owner of the New Jersey home. We anticipate criminal charges in New Jersey will be filed in the near future. I note further that the defendant is single and lives by himself in a studio apartment that he rents. Under all of these circumstances, we believe he is a high risk of flight and we request a two-hundred-thousand-dollar cash bail.”

The defense attorney standing next to Wally, Joshua Schultz, then spoke. “First, Your Honor, Mr. Gruber is pleading not guilty. With respect to the district attorney’s request for bail, I submit that it is clearly excessive. As of right now, no charges in New Jersey have been filed. Mr. Gruber is a longtime resident of New York City and has every intention of appearing at all court proceedings. He is a man of very limited means. Mr. Gruber has indicated to me that if you allow him to use a bondsman, he can make a fifteen-thousand-dollar bail.”

Judge Gaughan looked down from the bench. “While the defendant is absolutely presumed to be innocent, the district attorney has proffered what appears to be strong evidence in this case. Given his exposure to a long custodial term if convicted, I conclude that there is a substantial risk of flight. I will not allow a bond. Bail is set at two hundred thousand dollars, cash only. Of course, if criminal charges are filed in New Jersey, additional bail will be set by a judge in that jurisdiction.”

Three hours later, unable to post bail, Wally was on his way to Rikers Island. As he was hustled into the van, he breathed in the first hint of fall in the crisp breeze and compared it with the stale smell of the holding cell. I’ve got an ace in the hole, he reassured himself. They’ll have to make a deal with me. When they hear what I know, they’ll have to give me probation.

He smirked. I can sit down with their composite guy and give them every detail of the face of the person who blew away that professor, he thought. But if they don’t want to play ball, I’ll call the old lady’s fancy lawyer and let him know I’m her ticket to go home.