During a spirited exchange in Superior Court on Wednesday,
prosecutors asked the judge in the Robert Orbuena murder trial to
remove his defense attorney from the case because of a possible
conflict of interest.
During a spirited exchange in Superior Court on Wednesday, prosecutors asked the judge in the Robert Orbuena murder trial to remove his defense attorney from the case because of a possible conflict of interest.
The exchange occurred during a hastily arranged hearing at 1:15 p.m. after the District Attorney’s Office called into question defense attorney Greg LaForge’s ability to adequately defend Orbuena because, during the early 1990s, when LaForge was a prosecutor in the county, he may have been involved in a criminal prosecution case against Orbuena.
“It’s our belief that Mr. LaForge should conflict out on this case given his connection to the defendant,” Deputy District Attorney Denny Wei said in court.
Orbuena, 41, of Gilroy, was charged Tuesday with second-degree murder for his involvement in a fatal accident on July 4 that killed Joseph Judnick of Salinas.
LaForge, who denied any conflict of interest, said that the district attorney’s attempt to have him removed was flattering.
“I take that as an honor that they have worked so hard to try and get me off of the case,” LaForge said.
Referring to the accusations as “garbage,” LaForge said anything he might have had to do with one of Orbuena’s prior cases was purely a peripheral involvement that amounted to little more than shuffling paper around.
“The prosecution knows that Deputy District Attorney Candice Hooper prosecuted that case,” LaForge said. “Your honor, this is nothing more than a smoke screen.”
LaForge said that if there was any conflict of interest he would take the appropriate steps.
“If I determine that there is any conflict of interest that might harm or damage his case in any way, I will recuse myself,” he said.
LaForge said he will send copies of the information to the state bar for an opinion.
Superior Court Judge Steve Sanders said he would take the prosecution’s request under advisement on July 24 during a 10 a.m. hearing where Orbuena will enter a plea to the murder charge.
