Lt. Bailey Eludes Bail Try, but Is Booked at the Parker Center

But the circumstances in Commissioner James N. Bianco’s courtroom this morning were far dicier — and wide of Mr. Bailey’s control. Deputy District Attorney Tal Kahana and Mr. Isaacson dueled over whether Mr. Bailey should be allowed to walk straight out of the courtroom or be required to post bail. “That would only enrich the bail bondsmen,” said Mr. Isaacson, who contended that his client’s commendable background of accomplishment and his professional standing as a police officer merited walking away unfettered. The dapper lawyer pointed out that Mr. Bailey was a college graduate with a virtually spotless record during 28 years with the Culver City Police Dept. Mr. Isaacson said his client posed no danger to the community. “There also is no fear he won’t return,” the attorney said, noting that Mr. Bailey showed up on schedule 9 days ago in the same courtroom, on the original arraignment date. In responding to the charges — the LAPD found a Feather Industries AT9 and a Ruger Mini-14 Ranch Rifle allegedly owned by the officer — Mr. Isaacson made several points. Both assault weapons were legal when purchased, he asserted. They were relatively old, and one, he said, was inoperable. “This case cries out for (the defendant) to be released on his own recognizance,” Mr. Isaacson said. To the contrary, contended the prosecuting attorney Ms. Kahana from the D.A.’s office. The very accomplishments that Mr. Isaacson cited, she said, “make this case all the more egregious.” The judge, Mr. Bianco, agreed that police officers should be held to a more stringent standard of conduct than others in the community.

On Two Hands

In pensively weighing the competing options of granting or denying bail, Mr. Bianco said that Mr. Bailey’s status as a police officer was both a plus and a minus in reaching his decision to forgo bail.

Through his attorney, Mr. Bailey, who is 48 years old, submitted to a routine prosecution call to be booked by the LAPD at the walking-distance Parker Center. In making a determination, the judge said he evaluated three factors: the degree of seriousness of the charge, whether the defendant is a flight risk and the risk to the public safety. He admitted “some risk” to community safety existed. Several times, Mr. Bianco suggested that he was looking at a values conundrum. “Mr. Bailey does not deserve special treatment because he is a police officer,” he said. But the fact that he is a police officer, the judge added, also merits consideration as a positive. In declining to grant bail, the youthful Mr. Bianco issued two warnings to the defendant: “Make sure you are on time for your (January) court appearance. Make sure you walk a straight line.” This morning, Mr. Bailey was in the corridor before the bailiff unlocked the courtroom.