A Philadelphia judge today refused to reduce the bail for Nicholas Hasselback, the Temple senior charged in the April 11 hit-and-run that critically injured Temple law student Tony Foltz as he walked on the Benjamin Franklin Parkway.
"I can't help you today," said Common Pleas Court Judge Frank Palumbo, denying the defense motion to roll back Hasselback's $500,000 bail to the original $150,000.
Palumbo said he believed the bail was justified for a defendant accused of leaving the scene of an accident.
Foltz, 25, a third-year law student, was walking north on 22d Street at about 2 a.m. on April 11 when he was struck by a white Subaru traveling west on the parkway and then sped away.
Police located the car outside an apartment that Hasselback, 22, shared with several roommates on Ridge Avenue and Ferry Road in East Falls. Hasselback had left and gone home to his family in Ephrata, Lancaster County.
Assistant District Attorney Lynne O'Brien said Foltz remains in Hahnemann University Hospital in grave condition.
O'Brien said Foltz opened his eyes Wednesday but doctors are still not certain about the extent of his brain injuries. Foltz, who sustained a skull fracture and severe bone breaks in a leg and arm, has undergone three surgeries and is set for two more, O'Brien added.
Defense attorney Andrew Gay Jr. told Palumbo that Hasselback's leaving the scene was the "knee-jerk reaction" of a 22-year-old student.
"He traveled from Philadelphia to Ephrata . . . not to flee the jurisdiction but to be comforted by his family when he surrendered himself," Gay said.
Gay turned and faced some of Foltz's family and friends and said Hasselback and his family "have a tremendous amount of concern for [Foltz's] well-being and they truly pray for his well-being."
But O'Brien opposed any bail reduction, telling Palumbo that Hasselback "has show himself to be a person who will run when his back is up against a wall."
"He didn't pull over, he didn't call 911, he didn't call police. He was looking out for number one," O'Brien said. "He got out of Philadelphia County, he got out of Dodge."