They come before the court commissioner by the thousands throughout the course of the year. One defendant after another, having their initial appearance at which the state charges them with a crime. The crimes range from misdemeanors to murder. One defendant after another.

Each case takes about four minutes. One defendant after another. A prosecuting attorney and an attorney, often a public defender, square off. The charges are read, and the court commissioner invariably finds that there is enough grounds for them to stand. Then bond recommendations are heard. One defendant after another.

We're exaggerating some, but in the most serious cases, it seems that the district attorney's office will try to convince the court commissioner that even though the defendant has lived in the same house for 20 years and has had a steady job for 20 years, he/she is at risk of flight, and should be held on a high cash bond. The defense will argue that even though the defendant has lived in the community for only a week and has never held a steady job, he/she is not at risk of flight, and should be released on a signature bond. One defendant after another.

Some defendants are courtroom veterans, while others are appearing for the first time, and are scared. The court commissioner asks each defendant's attorney if his or her client understands what they are being accused of having done, and if they fully understand the conditions of bond.

Kris Delgado's sister, Monica Garcia, center, is comforted by her brother, Michael, and his wife, Lucy Delgado, left, as they watch Kris Delgado's first appearance in Racine County Circuit Court Wednesday June 25, 1997 on a charge of felony child neglect causing death. His son, Jared Lewis, 11 months, died Tuesday after being left in an autombile. In December 1999, the courts changed to a system of videoconferencing for first apperances, so families of defendants and victims will see the defendant only on a video monitor during the first appearance in court. Photo by Mark Hertzberg (c) 1997 Racine Journal Times

Each defendant is only one of some 12,000 who will make their initial appearance a year. However, to the victims and their families, and to each defendant and their families, theirs is the only important case of the year. Sometimes families sit in the courtroom and weep, other times, there is no interruption. One defendant after another.

Public Defender Diane Zitzner, right, represents her client, Sharon Braun, left, during Braun's initial appearance before Court Commissioner James Drummond Wednesday, Dec. 8, 1999 through a video link from the Racine County Jail. Photo by Jim Slosiarek (c) 1999 Racine Journal Times

Many defendants charged with serious crimes show no emotion. They sit through the hearing looking as if it is an inconvenience to them. It doesn't matter that they are charged with murder, with having taken a life in a dispassionate moment of cold-blooded action, they look like they could care less with what's going on, and would just as soon get back to their jail cell. One defendant after another.

Court Commissioner James Drummond conducts one of the first initial appearances in which the defendant appears by video link from the county jail, rather than in person in the courtroom. Photo by Jim Slosiarek (c) 1999 Racine Journal Times

The court commissioner does not have more than a couple of minutes to review the complaint. There is no time to study it in chambers. The paperwork is piled up, and just keeps coming. One defendant's case folder after another. Bond must be high enough to ensure that the defendant will appear in court, but not so high as to simply keep the defendant in jail without reason.

Christian O. Olsen, center, asks court commissioner John Bjelajac for a lower bond on his misdemeanor disorderly conduct charge so that he can get out of the county jail and go back to work, Monday February 15, 1999, as his attorney, Domingo Cruz, listens. Olsen said he could not post the $200 cash bond that had been set. Bjelajac granted his request for a signature bond, with strict admonitions about the consequences if he did not comply with conditions of bond. Photo by Mark Hertzberg (c) 1999 Racine Journal Times

The system is changing slightly in our county for security reasons. A week ago, a system of videoconferencing was introduced. The in-custody defendants, those who are held in the county jail after their arrest, are no longer be allowed in the courtroom. Instead, they sit in a small conference room in the jail, and appear in the courtroom via a video link. Their only contact with the court commissioner and the prosecutor is via the return link. There is a time lag in the system, so it seems surreal, as people on the respective video monitors sometimes move in herky-jerky motions. One observer likens it to watching the old "Max Headroom" television show.

Court commissioner James Drummond listens to arguments from defense counsel, left, and from assistant district attorney Louis Maxey in Intake Court. Photo by Mark Hertzberg (c) 1999 Racine Journal Times

This is the first step in a long process. What follows are a preliminary hearing at which evidence is presented at a sort of mini-trial, to see if there is enough grounds to bind the defendant over for trial. Then a plea is entered, and a pre-trial conference is scheduled to review the status of the case before trial. Then there are trials, and sometimes appeals. Sentencing hearings follow convictions. They are arduous, as each side makes its best emotional appeal to the judge for either a stiff penalty or a lenient one. Some defendants who maintained their innocence at trial can become remarkably contrite at sentencing. Others continue to maintain their innocence

Defense attorney Domingo Cruz sits on a milk crate so he can communicate with prisoners through the low opening in the doors of the holding cells near Intake Court. Photo by Mark Hertzberg (c) 1999 Racine Journal Times

One defendant after another, and it - our criminal justice system, which has evolved over some 210 years - all starts with a four-minute initial appearance.

State public defender Jennifer M. Hansen sorts case files, some on the floor, in Intake Court. Photo by Mark Hertzberg (c) 1999 Racne Journal Times

Justice. It's a powerful word. That first day in court it all boils down to four minutes .

Racine County sheriff's deputies shackle prisoners ankles after taking them from their holding cells, before they appear in intake court. They wait on a metal bench in a secure hallway, outside the courtroom in February, 1999. New security procedures have replaced in-person appearances with videoconferencing for inmates like these. Photo by Mark Hertzberg (c) 1999 Racine Journal Times

 

Christian O. Olsen, left, Scott Mohr, center, Andrei (cq) Buntyn, and Derek W. Lee (hidden) by Mohr's face, sit on a bench in a secure hallway outside Intake Court before making their first appearances before court commissioner John Bjelajac, Monday February 15, 1999. New security procedures have replaced in-person appearances with videoconferencing for inmates like these. Photo by Mark Hertzberg (c) 1999 Racine Journal Times
Mark Hertzberg
< hertz@wi.net >
Director of Photography
Journal Times
Racine, Wisconsin
Other journals by Mark Hertzberg
363 May 2000 Three short topics
361 April 27, 2000 It's a moment frozen forever
359 April 18, 2000 I'm glad I wasn't working
346 February 18, 2000 Fatal Fire
343 January 28, 2000 Suicide By Cop
340 December 28, 1999 Four Minute Justice
338 December 11, 1999 In 1/125th of a second
336 December 4, 1999 Day in Court
332 Is Photojournalism Dead?Mark Hertzberg On the flip side, though, many newspapers that have made a 180-degree change have changed for the better rather than for the worse
325 October 10, 1999 Oh, the people you meet
324 September 29, 1999 It was an innocent question from a high school clerk
309 July 23, 1999 I didn't mind Jerome Vine spit at me twice
307 July 21, 1999 "What have you done? What have you dragged us into?"
303 July 17, 1999 If your mother says she loves you, check it out
292 June 23, 1999 You Never Know
283 May 17, 1999 Epilogue to May 4, 1999
276 May 4, 1999 David Raymond Segura, Sr. walked out of the Racine County Jail to the cheers and hugs of his family
272 April 25, 1999 Littleton. Burlington.
265 April 18, 1999 "I can't believe I'm being paid to have fun. "
261 April 15, 1999 It was the first time...
257 March 26, 1999 The Supreme Court isn't sure I should have been able to shoot one of the most dramatic pictures I've ever taken.
248 March 13, 1999 I got nauseous on the job today...
247 March 12, 1999 The prosecution's case
246 March 12, 1999

Sidebar: One of the most difficult issues for us to consider

239 March 1, 1999 That's your guy.
222 February 11, 1999 It's a lie to say that pictures never lie, as our readers and viewers know all too well.
215 February 4, 1999 Remember report cards?
213 February 1, 1999 I saw something horrifying and shocking this week
198 January 8, 1999 Damn, it's hard to cover news stories when you know the people involved in them, and when you have to put aside personal feelings to get the story.
192 December, 1998 This journal is a tribute to you, the reader
180 November 29, 1998 Abortion. That's the only word you have to mention in any conversation, and emotions are aroused , so imagine what it's like trying to make newsroom decisions about how to cover the issue. That's where we found ourselves Thursday morning at the Racine Journal Times.
178 November 22, 1998 We Interrupt This Broadcast
176 November 18, 1998 Our big story last week, indeed perhaps our biggest of the year, was a story about something that DIDN'T happen.
175 November 16, 1998 Did We Overact?
174 November 8, 1998 Wednesday was the day the yellow smiley face from that big chain of stores from Arkansas frowned at me.
171 November 3, 1998 Monday Morning, Post Gore
170 November 2, 1998 I'm so excited, I won't be able to sleep tonight
158 October 12, 1998 It was one of those days when an assignment was as much fun as opening birthday presents.
157 October 10, 1998 He's a cop...
150 September 21, 1998 A friend of mine calls it the ultimate form of channel surfing. .
146 September 11, 1998 ...sometimes we can have a positive effect on people's lives even when some readers think we are raking them over the coals. .
138 August 28, 1998 Sometimes the last thing a photographer wants to see is a camera.
120 July 25, 1998 They say that in England you are innocent until proven guilty; in France you are guilty until proven innocent; and in America you are innocent until the next edition of the newspaper flies off the presses or the evening news comes on.
111 July 12, 1998 We joke that today's newspaper is tomorrow's fish wrap. But for many people, our work lives on beyond just that day's paper.
109 July 7, 1998 Delgado, who sat in his orange county jail jumpsuit, had tears streaming down his face as he listened to the charges being read the day after his nine-month old son died on a hot summer day, strapped in his car seat, in the backseat of Delgado's broiling Dodge Omni
101 June 23, 1998 We've never shown the readers this sunset view of the city before...if all goes well, it'll stretch across Wednesday morning's front page. Today is Monday, though, and they first have to get through Tuesday's newspaper.
100 June 22, 1998 Last week I had the tables turned on me
87 June 4, 1998 ..none of those pictures would have been published without his help.
82 May 29, 1998 Today was one of those days in which you hit the lows and the highs.
78 May 26, 1998 You never know where a pair of dirty socks will take you
73 May 17, 1998 I no longer have to hide under semi-trailer trucks to shoot news pictures of major industries..
67 April 24, 1998 Stop the Presses
63 April 19, 1998 Sign of Discontent
43 March 24, 1998 Humphrey Bogart, move over.
42 March 23, 1998 In the end, only one photo was important...
32 February 27, 1998 My work has now been published in a new media...on a picket sign
28 February 24, 1998

Journalists usually love a good juicy story. I'm in the middle of covering one I hate. Part 3

February 23, 1998 Journalists usually love a good juicy story. I'm in the middle of covering one I hate. Part 2

 

22 February 20, 1998 Journalists usually love a good juicy story. I'm in the middle of covering one I hate. Part 1
13 February 4, 1998 (9:24 AM) It was a situation where one has to shoot pictures first, and ask questions later Update: To Mark's February 4 posting
7 January 27, 1998 The viewfinder in our cameras is dark for the split second we shoot our photos...
5 January 23, 1998 Just what is news?
3 January 19, 1998 An 83-year-old reader called me this morning, in tears. .
 
Contributor since 1998
 
   


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