A judge today moved the jury trial date in the rape case of
former sheriff’s Sgt. Mike Rodrigues from June 22 to June 1 because
its prior scheduling conflicts with the start of a civil trial
against the same defendant for wrongful death allegations related
to his shooting of an unarmed man while on duty in 2007.
HOLLISTER
A judge today moved the jury trial date in the rape case of former sheriff’s Sgt. Mike Rodrigues from June 22 to June 1 because its prior scheduling conflicts with the start of a civil trial against the same defendant for wrongful death allegations related to his shooting of an unarmed man while on duty in 2007.
Judge Harry Tobias agreed to move the date when informed of the conflict. That came after attorneys informed him a federal judge had requested the criminal trial be moved because the civil proceedings also are scheduled to start June 22. The civil suit and trial relate to Rodrigues’ shooting of Israel Guerrero in June 2007 during a confrontation, which the district attorney later ruled as legally justified.
Regarding the criminal allegations, Rodrigues in December 2007 was indicted by a grand jury alleging three counts of forcible rape, two counts of unlawful sexual penetration and one count each of spousal rape, attempted rape and domestic violence. Authorities in September charged him with an additional rape count, along with felony charges for weapons and ammunition possession and misdemeanor violations of restraining orders.
While the judge today agreed to move back the start date, he also scheduled several other court appearances in the case after a prosecutor and the defense attorney debated over a time frame to disclose witness lists for the trial.
Defense attorney Art Cantu had been pushing for a definitive deadline for disclosure of witness lists – he contended to prevent any surprises shortly before trial – and Deputy District Attorney Patrick Palacios ensured the judge the prosecution would not attempt to pull any surprises while noting he is obligated against doing so.
The judge in the end ruled that he should follow the judicial guidelines in place calling for disclosure of witness lists at least 30 days in advance of a trial.
Cantu, meanwhile, noted how his concern about witnesses surrounded comments from Palacios asserting that he is “compiling a list of every female who’s ever made any accusations against (Rodrigues).”
Palacios then told the judge the prosecution had not even interviewed witnesses to which Cantu had been referring.
“It’s probably more of a threat than anything else,” Tobias responded, regarding Palacios’ line of communication with Cantu.
Replied Palacios, “I guess you could characterize it that way.”
Attorneys also had some difficulty finding a new trial date. The judge first asked about delaying it into July or August, but Palacios noted he has a family vacation in August, and one of the witnesses, Rodrigues’ father, has a pre-paid trip to Hawaii scheduled for July.
