dissenting:
I cannot agree with the summary affir-mance of the order denying reconsideration of Martin’s pretrial detention without bond. Now that his conviction has been reversed by this court,1 Martin is once again presumed innocent of the murder charge. He was acquitted of the weapons charge. He has already been incarcerated for nearly four and a half years in this case.
According to my colleagues, the evidence at the trial, standing alone, supports Martin’s preventive detention. To me, this is at best questionable. In the present case, Martin was charged as an aider and abettor; it was concededly codefendant Brandon, not Martin, who shot and killed the decedent. This court’s opinion in Martin I certainly reveals strong evidence that Martin was, at least, an accessory after the fact (an offense with which he was not charged). There was also evidence, credited by the jury, that Martin had a motive to aid and abet Brandon in the killing, and that he did so. As we pointed out in Martin I, however, the jury’s ability to assess this evidence was unfairly skewed because the jury never heard evidence that Brandon had a motive for the shooting which did not involve Martin at all.2
*55In addition, Martin’s criminal history, if not ancient, is at least a bit gray at the temples. In September 1984, nearly eight years ago, he was convicted of introducing contraband into prison. In July 1974, more than eighteen years ago, he was convicted of burglary in the third degree. The remaining offenses, except for a single disorderly conduct case, were committed in the 1960’s. The only crime of violence is a 1966 robbery, now more than a quarter of a century old. Surely the age of Martin’s past misdeeds, not mentioned in the majority opinion, is worthy of some consideration. Considering both the evidence at trial and events that occurred many years ago, it is not at all obvious, at least to me,3 that this record presents “clear and convincing” evidence of dangerousness.
“In our society, liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.” United States v. Salerno, 481 U.S. 739, 755, 107 S.Ct. 2095, 2105, 95 L.Ed.2d 697 (1987). Liberty should especially be treated as the norm where, as here, a defendant has already spent four and a half years under lock and key without the fair trial to which he was entitled.
Moreover, the prosecution has not filed a motion for summary affirmance of the order prolonging his detention without bond.4 Rather, my colleagues are acting summarily on their own initiative. A division of this court recently commented that sua sponte affirmance of a trial court order “is highly unusual and should be reserved for the clearest of situations.” Kleinbart v. United States, 604 A.2d 861, 867 (D.C.1992). By no stretch of the imagination, in my opinion, can the present case fairly be characterized as compelling enough to meet the Kleinbart test.
The issue before us is a difficult one. My quarrel is not with the majority’s denial of Martin’s motion for summary reversal.5 Rather, we should treat that motion as his brief on the merits and the government’s opposition as the answering brief.6 We should then proceed with the appeal and, especially in light of Martin’s lengthy incarceration, set the case for argument on an expedited track. To do less is to trivialize a potentially meritorious claim and to risk perpetuating an injustice.
Liberty interests as potentially meritorious as those here presented by Martin are too precious to be dealt with cavalierly by a summary disposition which the government did not request. If Martin is acquitted at a second trial at which he can present his defense in full, he will never be able to have his time back. The sickening carnage on the streets notwithstanding, an unwarranted restriction on an individual’s liberty always matters, even if that individual may not be very nice.
I respectfully dissent.
. See Martin v. United States, 606 A.2d 120 (D.C.1991) (“Martin I").
. An impartial jury could reasonably have found the motive applicable only to Brandon— avenging a robbery — more plausible, even on the mean streets of our city, than Martin’s alleged motive, namely pique over an obscene insult from the decedent. This is especially true since Martin, a father of four, was in his forties — an age not commonly associated with *55homicides motivated solely by "dissing," i.e., disrespectful words, gestures, or demeanor.
. I note that Judge Cushenberry heard no witnesses in making his determination, and that therefore no assessment of demeanor was involved. The trial court’s decision was thus made on the basis of information equally available to this court. See In re Shillaire, 549 A.2d 336, 342-43 (D.C.1988). Moreover, where preventive detention without bond has been ordered, a basic constitutional liberty interest has been implicated, and more searching appellate review may be warranted. Cf. Ker v. California, 374 U.S. 23, 33-34, 83 S.Ct. 1623, 1629-1630, 10 L.Ed.2d 726 (1963); United States v. McConney, 728 F.2d 1195, 1203 (9th Cir.) (en banc), cert. denied, 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984).
. The government’s filing in this court is entitled an “Opposition to Appellant’s Motion for Summary Reversal of Pretrial Detention Order of June 16, 1992.” In its prayer for relief, the government does ask that the order be affirmed, but does not request that this be done summarily. No motion having been filed, Martin has had no opportunity to present arguments relating to the proper standards for summary affir-mance.
. I agree with the majority that many appeals of orders denying pretrial release may and should be dealt with summarily, and that summary affirmance at the government’s request may often be appropriate. It is summary affirmance in this case which troubles me.
. The parties should be given a brief period of time to supplement their briefs.