A San Benito County Superior Court Judge removed a deputy
district attorney from a controversial case because he could be a
witness for the prosecution.
On Tuesday, Judge Steven Sanders ordered Deputy District
Attorney Stephen Wagner to step down as the prosecutor in the
Albert Solorio case.
A San Benito County Superior Court Judge removed a deputy district attorney from a controversial case because he could be a witness for the prosecution.
On Tuesday, Judge Steven Sanders ordered Deputy District Attorney Stephen Wagner to step down as the prosecutor in the Albert Solorio case.
Solorio is charged with felony assault stemming from a struggle with a Hollister police sergeant that sent both to the hospital.
Because of suspected evidence tampering that Wagner might have knowledge of, he could potentially be a witness in the assault case.
“It was sufficient in the interest of Mr. Solorio getting a fair hearing to have Mr. Wagner removed from the case,” said defense attorney Arthur Cantu.
Cantu asked the court to have members of the district attorney’s office removed from the prosecution.
Cantu said the Hollister Police Department, with the knowledge of the District Attorney’s Office, withheld a videotape that recorded part of an alleged July 1, 2002 struggle between Solorio and HPD Sgt. Greg Thul.
“It’s good to see that the judge is coming to the conclusion that in order to be fair, somebody new has to take over the case,” Cantu said.
District Attorney John Sarsfield said his office has not been involved in any evidence tampering effort.
He said Sanders’ decision to remove Wagner from the case, was not an indictment of the prosecutor.
“It has nothing to do with anything Wagner did,” Sarsfield said. “Steven didn’t do anything wrong. He’s just potentially become a witness, that’s all. Attorneys get recused all the time.”
Cantu said Wagner had access to the missing videotape, because it was reportedly seen on his desk before police admitted to even having it.
“Mr. Solorio is very happy. He has a new opinion about Judge Sanders and believes that he can be fair,” Cantu said.
However, Sarsfield said Cantu’s legal maneuver didn’t succeed in accomplishing what he wanted, which was to remove the District Attorney’s Office from the case.
“He tried to knock us all off, but he didn’t,” Sarsfield said. “So as far as I’m concerned, we won.”
Solorio was arrested on July 1, 2002 following an alleged struggle with Thul that sent both men through a plate glass window. The 2:30 p.m. incident reportedly happened when Thul answered a call for a possible domestic dispute at an apartment near the intersection of Sunnyslope and Valley View roads.
Police said Thul reportedly entered the downstairs apartment and contacted a distraught woman. While Thul was talking to the woman in an attempt to find out what had happened, Solorio allegedly entered from a back room and physically confronted Thul, police said.
The two men reportedly struggled for a few minutes before crashing through a window, police said.
Cantu also said police are trying to use his client as a scapegoat for its lack of diligence by claiming Solorio escaped from custody after he was arrested and taken to Santa Clara Valley Medical Center for treatment.
“My client did not escape. After three days, police removed the guards watching his room, so when he was released from the hospital five days later, he just went home,” Cantu said.
