A judge today denied an attorney’s request to move former
sheriff’s Sgt. Michael Rodrigues’ rape trial out of San Benito
County and agreed to appoint him a public defender.
A judge today denied an attorney’s request to move former sheriff’s Sgt. Michael Rodrigues’ rape trial out of San Benito County and agreed to appoint him a public defender.
Rodrigues’ attorney Christopher Miller argued that because of “prejudicial publicity, the prominence of the defendant and negative media saturation,” an unbiased jury could not be found in the county and his client would not be given a fair trial.
Miller described “unbelievably nasty comments” left on Internet blogs regarding the case and “biased” articles printed in the Hollister Free Lance.
Superior Court Judge Harry Tobias disagreed and said he was confident that during jury selection, attorneys could find an impartial jury here. He noted that if they can’t find an unbiased jury, he would reconsider the request.
Tobias also defended the Free Lance, saying he found “no evidence that the newspaper has reported anything other than public documents.”
“There is a group in the community with a strong opinion and they obviously can’t serve (on the jury),” Tobias said in his ruling. “But there is not sufficient evidence to convince me that the jury pool has been affected.”
Rodrigues also requested a public defender because he no longer can afford Miller’s services – a request the judge granted.
“I tried to gain employment but couldn’t,” Rodrigues said in court. “I really have no other options.”
Tobias said he would refer the case to attorney Greg LaForge and that Miller should check in with the court while details of the switch are completed.
Rodrigues will be back in court 10 a.m. June 10 for another pre-trial conference and to confirm his new attorney’s appointment.*
