By Patrick Tepoorten

A request by Craig Flemingís defense to have bail reduced from the current $1 million to a figure between $25,000 and $50,000 was denied by 10th District Court Judge Doug Swenson at an Aug. 31 hearing. Likewise, a motion by Chisago County prosecutor Susan Drabek to have bail increased to $1.5 million was also denied.

Fleming, 46, of Lindstrom, is indicted for first degree murder in the July 22 shooting death of Martin Roy Carlson, 25, of Center City. He is also charged with two counts of second degree assault for threatening two eyewitnesses to the shooting.

Drabek argued that Flemingís history, including two past warrants for failure to appear in court, made Fleming a flight risk. As well, the potential for Fleming to be sentenced to life in prison ìups the ante and increases the likelihood of flight,î she said. Lastly, she argued that a higher bail would be more likely to keep Fleming in jail, thus eliminating the chance he might jeopardize public safety.

Attorney for the defense Stephen Grigsby countered that, under Minnesota law, Fleming is entitled to a reasonable bail and that bail is not intended to insure the public safety, only to provide incentive for a person to return to court. ìThe public cannot be protected by a certain amount of bail,î he said.

He also argued that Fleming did not pose a flight risk and that Drabekís example of failures to appear showed the opposite of what was intended. ìEach time Mr. Fleming showed up voluntarily, plead, and served a jail sentence,î he explained. Grigsby described Fleming as a ìlife-long community member,î with family in the area. Fleming is also a veteran of the armed services who relies on access to U.S. Department of Veteranís Affairs medical centers for various medications, and his only income is a disability check. Therefore, he lacks the means to flee.

Grigsby concluded by accusing the prosecution of setting a high bail ìonly to keep him here,î which he argued is contrary to the purpose of bail.

Swenson denied both motions on bail, leaving Flemingís bail at the current $1 million.

The motion to dismiss all charges against Fleming based on prosecutorial misconduct in regards to providing evidence to the defense was withdrawn by Grigsby.

Drabek requested a swab sample from Flemingís cheek on behalf of the Bureau of Criminal Apprehension (BCA), to be used to compare Flemingís DNA to blood both at the scene and found on Flemingís t-shirt. Despite objections from Grigsby, Swenson granted the request.

The next hearing on the matter is not scheduled until Nov. 7 at 1:30 p.m., in order to give the BCA time to complete tests. Hearings already scheduled and a previous trial date were stricken.