By Dan Horn
The Cincinnati Enquirer

An escaped convict who was captured this week after 26 years nearly walked out of jail again Thursday, this time with the approval of a Hamilton County court.

Fontaine

Magistrate Richard Bernat set a $100,000 bond for the fugitive, David Alden Fontaine, and ordered him to surrender to authorities within two weeks.

Shocked prosecutors immediately appealed the magistrate's decision, arguing that Mr. Fontaine's 26 years on the run prove he is a significant risk to resume his life as a fugitive.

Judge Ann Marie Tracey agreed with prosecutors and revoked Mr. Fontaine's bond before he was able to win his release.

"I would think the flight risk would be rather obvious," said Prosecutor Mike Allen. "The man was on the lam for 26 years."

Mr. Fontaine, who had lived for years as Alden Irish, walked away from a Pennsylvania prison and a four-year rape sentence in 1976. He was arrested Monday at his Delhi Township home.

U.S. Marshals have said Mr. Fontaine admitted he was a fugitive and had been living in the Cincinnati area for many years.

He founded Irish Heating and Air Conditioning in Price Hill, married at least three times and had a son.

Prosecutors said he could easily have posted the $100,000 bond by putting up his home or business assets as collateral.

Mr. Allen said records show that Mr. Fontaine was released on bond in 1974 after he was charged in Pennsylvania on rape and drug charges. He fled the state while on bond, Mr. Allen said, but was captured a year later.

In 1976, Mr. Fontaine ran off again, this time from a prison work furlough. He remained on the run until his capture this week. Prosecutors expect to turn Mr. Fontaine over to Pennsylvania authorities within a few weeks.

E-mail dhorn@enquirer.com