A judge today ordered to unseal grand jury testimony that led to
former sheriff’s Sgt. Mike Rodrigues’ indictment on rape charges,
and the longtime deputy pleaded not guilty to all eight counts
against him.
A judge today ordered to unseal grand jury testimony that led to former sheriff’s Sgt. Mike Rodrigues’ indictment on rape charges, and the longtime deputy pleaded not guilty to all eight counts against him.
San Benito County Superior Court Judge Harry Tobias’ ruled to release the grand jury transcript to the public on March 19 – allowing time for prosecutors and a court reporter to redact suspected victims’ names and other testimony that could identify witnesses.
Rodrigues, 47, of Hollister, was indicted in December 2007 on three counts of forcible rape, two counts of unlawful sexual penetration and one count each of spousal rape, attempted rape and domestic violence. He was a 25-year veteran of the San Benito County Sheriff’s Office before being fired while under investigation by the department for the allegations.
District Attorney Candice Hooper in initially pushing for its sealing reasoned it would protect anonymity of suspected victims. Those names were, however, unveiled in a criminal complaint released after the indictment, and an open records expert had contended to the Free Lance it should have been made a public document because the names simply could be redacted.
Rodrigues’ attorney, Christopher R. Miller, more recently argued that the testimony is “riddled with inadmissible evidence” and he asserted it would prejudice Rodrigues’ ability to defend himself if unsealed. Tobias on Feb. 14 allowed Miller more time to challenge evidence in the transcript.
Tobias today noted that a grand jury transcript traditionally is released unless it does prejudice a defendant’s right to vindicate himself, and he ruled in this case it doesn’t. A more typical action, Tobias pointed out, would be requesting for a change of venue.
Miller in the deliberations indicated he would at some point motion for a change of court venue.
Rodrigues appeared at the hearing with Miller, and all sides agreed to schedule a pre-trial conference for April 16.
