Judge rules a minimum of 60 years in prison with consecutive
terms
Former sheriff’s Sgt. Michael Rodrigues last week was sentenced
to a prison term of 60 years to life for raping three women between
1999 and 2006.
Judge rules a minimum of 60 years in prison with consecutive terms
Former sheriff’s Sgt. Michael Rodrigues last week was sentenced to a prison term of 60 years to life for raping three women between 1999 and 2006.
Rodrigues, a 25-year veteran of the San Benito County Sheriff’s Office, was convicted on Sept. 24 and faced a sentence for each of the four counts of 15 years to life in prison.
Visiting Judge Alan Hedegard ruled that a provision in the law required him to run the sentences consecutively. If he had allowed for concurrent sentencing, for which the defense argued, Rodrigues could have been eligible for parole after 15 years.
Prosecutor Patrick Palacios, who had sought the 60 years to life sentence, alleged during the hearing that Rodrigues had attempted to devise an escape plan and that he enlisted other inmates and family members to help him. Palacios also indicated that the county would seek public defender costs from Rodrigues, while claiming the defendant had the ability to sell an array of items to fund his defense.
The most poignant discussion of the sentence hearing, meanwhile, revolved around arguments over the law and whether it allows for concurrent sentencing, which means the sentences for each rape conviction would run simultaneously. It also was the reason for a 30-minute delay to the sentence hearing, as the judge had called the prosecutor and defense attorney into his chambers to discuss the sentencing guidelines.
It is common for judges to administer concurrent sentences for multiple convictions, but Hedegard ruled that the law mandates consecutive sentencing for multiple offenses, with enhancements, of such a violent sex crime.
With the decision, Rodrigues would be well over the age of 100 at first glance of parole eligibility. His defense attorney, Art Cantu, on Tuesday filed a notice of appeal in the case at the San Benito County Courthouse. From here, local court officials will notify the 6th Appellate District, which has a panel of public defenders it uses to assign convicts such as Rodrigues, Cantu said.
In the meantime, Rodrigues has been transported to Delano State Prison, which is a reception point from which he will be assigned to a permanent prison. Cantu noted how the process generally takes 45 to 90 days.
With a public defender assigned to Rodrigues throughout his local proceedings, San Benito County taxpayers will have to take on that additional burden. County Management Analyst Catherine Shaw noted how a final estimate of the cost should be available next week.
