COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            No. 73072
STATE EX REL. ADLE RASHID     :      Original Action
                              :       JOURNAL ENTRY
          RELATOR             :
                              :           AND
     vs.                      :
                              :         OPINION
GERALD T. McFAUL, SHERIFF     :
                              :
          RESPONDENT          :
                              :
                              :        AUGUST 29, 1997
DATE OF ANNOUNCEMENT          :
 OF DECISION                  :
                              :
CHARACTER OF PROCEEDING:      :    WRIT OF HABEAS CORPUS
                              :
JUDGMENT                      :    WRIT GRANTED
DATE OF JOURNALIZATION        :
APPEARANCES:
For Relator:                       For Respondent:
LARRY ZUKERMAN, ESQ.               STEPHANIE TUBBS JONES, ESQ.
Zukerman & Associates              Cuyahoga County Prosecutor
2000 East 9th Street               PATRICK McCARTHY, ESQ.
Cleveland, OH 44115                Assistant County Prosecutor
                                   The Justice Center, 8th Floor
                                   1200 Ontario Street
                                   Cleveland, OH 44113
PATTON, P.J.
     On August 26, 1997,  the Petitioner, Adle Rashid,  commenced
this habeas corpus action against the respondent, Gerald T. McFaul,
                                2
Sheriff of Cuyahoga  County, claiming that he is being  illegally
incarcerated without bail  in violation of  his rights under  the
United States  and Ohio Constitutions.   The writ issued, and  on
August 29, 1997, this Court conducted a hearing and heard arguments
of counsel.  The  representations of counsel and a transcript  of
proceedings below showed  that Mr. Rashid  had been indicted  for
aggravated arson in State of Ohio v. Adle Rashid, Cuyahoga County
Common Pleas  Court Case  No. CR-353269  and that  bond had  been
reduced from $150,000  to $25,000 upon condition that Mr.  Rashid
surrender his passport.  Upon fulfilling the condition, Mr. Rashid
made bail. However, at a pre-trial conference, the state reported
that an important witness had been threatened that if Mr.  Rashid
went to prison, the witness would receive six bullets in the face.
The trial court then revoked bond and remanded Mr. Rashid to jail.
     It has come to  this Court's attention that the trial  court
will address this matter again on September 4, 1997.  As relief on
the merits of this  habeas corpus case, this Court instructs  the
trial  court to  set a  reasonable  bond for  Mr. Rashid  in  the
underlying case,  pursuant to  the relevant  rules, statutes  and
constitutional provisions, on or before September 4, 1997.
     Petitioner to pay costs.
BLACKMON, J.
                                3
KARPINSKI, J.,     CONCUR.
                                          Presiding Judge
                                          JOHN T. PATTON
.