The prosecution of accused murderer Robert Orbuena moved back to
square one as a judge dismissed his defense attorney Thursday.
Citing concerns of a possible conflict of interest, Superior
Court Judge Steven Sanders removed Greg LaForge as Orbuena’s
attorney.
The prosecution of accused murderer Robert Orbuena moved back to square one as a judge dismissed his defense attorney Thursday.
Citing concerns of a possible conflict of interest, Superior Court Judge Steven Sanders removed Greg LaForge as Orbuena’s attorney.
“I feel disappointed because I believe we could have done something, but I hope the new attorney appointed to the case will be able to continue where we left off,” LaForge said.
Orbuena, 41, of Gilroy, was charged with the second-degree murder of Joseph Judnick stemming from a July 4 accident at Fairview and Spring Grove roads.
Judnick, 48, of Salinas, was driving a 2002 Harley-Davidson motorcycle southbound on Fairview Road, and Orbuena, driving a van, made a left turn in front of Judnick, the CHP said. Judnick suffered severe head and body injuries.
Deputy District Attorney Denny Wei told Sanders that the prosecution was concerned that with LaForge as the attorney it could result in problems later on in the adjudication of the case because “as a deputy district attorney, LaForge was a prosecutor in one of the strike allegations and in the dismissal of another case,” Wei said in court.
LaForge said the prosecution’s concern about a conflict of interest was a way to cover up its concern that Orbuena would be acquitted on the second-degree murder charge.
“The DA didn’t want me on this case because I was going to vigorously attack the murder charge,” LaForge said. “Because the evidence of murder is not there.
“This was a tragic accident and our hearts go out to the family, but this was not murder.”
Preliminary results of a blood test on Orbuena indicated there was no alcohol in his blood stream at the time of the accident, LaForge said.
“He has no prior convictions for driving under the influence and no prior convictions for vehicular manslaughter,” LaForge said.
LaForge was originally appointed by the court to represent Orbuena because the Gilroy man could not get an attorney on his own.
Orbuena is scheduled to return to court on July 31 to complete his arraignment hearing and to enter a plea.
LaForge said the district attorney’s office appears to be trying to pin the murder charge on Orbuena based on Orbuena being arrested and tried on suspicion of vehicular manslaughter back in the 1990s.
LaForge, however, said the problem with prosecutors using that strategy “is that he was found not guilty. If there is no conviction, then there is no prior on his record that prosecutors could use to prove that charge.”
Orbuena did not enter a plea to the charges because his newly appointed defense attorney Arthur Cantu will need time to review the charges. Cantu could not be reached for comment on the case.
