An attorney has asked the county’s presiding criminal judge to
dismiss himself from the case of a former sheriff’s deputy indicted
on eight felony charges, according to court documents.
An attorney has asked the county’s presiding criminal judge to dismiss himself from the case of a former sheriff’s deputy indicted on eight felony charges, according to court documents.
Mike Rodrigues, 47, of Hollister, was indicted in December on the charges – seven of which are suspected sex crimes.
Those charges include: three counts of forcible rape, two counts of unlawful sexual penetration and one count each of spousal rape, attempted rape and domestic violence.
Rodrigues’ attorney, Christopher R. Miller, filed a request this week that San Benito County Superior Court Judge Steven R. Sanders recuse himself from the case.
“The Honorable Steven R. Sanders is prejudiced against Mr. Rodrigues, or interests of Mr. Rodrigues, such that Mr. Rodrigues cannot have a fair and impartial hearing on any matter in this case before such judge,” the request said.
Miller could not be reached immediately for comment Friday morning.
On Tuesday, Rodrigues will be arraigned and is expected to enter a plea to the suspected crimes.
A judge and attorneys are also expected to discuss release of the transcript from a criminal grand jury that indicted Rodrigues.
A grand jury can be used for a multitude of reasons, including protection of witnesses and victims.
Grand jury sessions are held behind closed doors, and only prosecutors can present evidence. In normal criminal cases, both prosecutors and defense attorneys present or challenge evidence for a judge before heading to trial.
Earlier this month, District Attorney Candice Hooper requested the transcripts be sealed from public view until at least Tuesday when the arraignment is to be held.
The transcripts were to become public on Jan. 7, but Sanders granted Hooper’s request, sealing the documents.
Hooper contended sealing the transcripts was necessary to protect the identities of the suspected victims. But public documents obtained by the Free Lance both before and after Hooper’s request revealed the names of the suspected victims.
