Greg LaForge said that his prior work in the San Benito County
District Attorney’s Office
– which had prosecuted Rodrigues for an allegation about 20
years ago – precluded him from representing the former deputy.
A judge today excused public defender Greg LaForge from handling the defense of former sheriff’s Sgt. Michael Rodrigues due to a conflict of interest.
LaForge was relieved of the case by San Benito County Superior Court Judge Harry Tobias at a pre-trial hearing.
LaForge said that his prior work in the San Benito County District Attorney’s Office – which had prosecuted Rodrigues for an allegation about 20 years ago – precluded him from representing the former deputy.
The judge agreed and assigned the case to “conflict attorney” Harry Damkar – who worked as San Benito County district attorney and as LaForge’s superior on the case for which the public defender stated a conflict.
Damkar said he would read Rodrigues’ case file and determine if he also had a conflict of interest within the next week.
At the hearing, Rodrigues also waived his right to a speedy trial since, after several hearings, he still did not have a lawyer to take his case to trial. Under California law, a person charged with a crime has a right to have their case heard in court within 60 days of getting charged.
Rodrigues was indicted last December by a grand jury for three counts of forcible rape, two counts of unlawful sexual penetration and one count each of spousal rape, attempted rape and domestic violence.
Rodrigues will be back in court June 17 for another pre-trial conference when Damkar is expected to decide whether he has any ethical precluding him from representing Rodrigues.
Damkar said that if he’s relieved of the case, it would be passed on to a private attorney at the cost of the county.
