Rodrigues in December 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.
HOLLISTER
Involved parties in the rape case against former sheriff’s Sgt. Mike Rodrigues today discussed the possibility of merging three prior counts with the most recent one for which the 25-year office veteran was arrested two weeks ago.
Rodrigues in December 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 last week charged him with an additional rape count, along with felony charges for weapons and ammunition possession and misdemeanor violations of restraining orders.
Rodrigues’ attorney Art Cantu waived his client’s rights today to a speedy trial on the fresh charges for which he was arrested last week and for which a visiting judge from Napa County released him on his own recognizance.
Deputy District Attorney Patrick Palacios agreed to the waiving of a speedy trial, and the hearing turned its attention to the possibility of joining some or all of the new charges with the underlying case of the three rape charges.
“I have a case in front of me that is nine months old,” said Judge Harry Tobias, who oversaw the case and went on to express concern that if every time new charges are alleged, the case would be delayed and never get to trial.
Attorneys didn’t reach agreement about joining the cases, but Cantu and Palacios restated their intention to request more time so that they could investigate the new charges.
The court also addressed a discovery motion filed by Cantu in which he requested evidence from an arrest of one of the case’s complainants.
Tobias then ordered that there be an “in camera” session where he and Palacios sit down in front of a video camera. Tobias said the deputy DA will present the investigative report to the judge, who will determine whether the evidence is admissible and should be turned over to the defense.
The in-camera session is set for Oct. 22 and constitutes the next phase of the pre-trial proceedings.
