Defense attorney Art Cantu continued on an earlier theme in the
day at the Michael Rodrigues rape trial this afternoon by claiming
prosecutor Patrick Palacios might be related to one of the
suspected victims
– an accusation that prompted a hearing in which the deputy
district attorney took the stand before his counterpart decided to
go no further with the query.
HOLLISTER
Defense attorney Art Cantu continued on an earlier theme in the day at the Michael Rodrigues rape trial this afternoon by claiming prosecutor Patrick Palacios might be related to one of the suspected victims – an accusation that prompted a hearing in which the deputy district attorney took the stand before his counterpart decided to go no further with the query.
Cantu’s questioning over Palacios and whether he has an undisclosed legal conflict – which he does not – came after visiting Judge Alan Hedegard ruled on the defense’s other major motion for the day, to call for a mistrial while alleging the presiding official has shown bias against the defendant.
Cantu eventually dropped his inquiry about Palacios after the prosecutor, on the stand, confirmed no direct, knowing relationship with the woman.
The two separate motions ultimately have resulted in a delay to the open proceedings before jurors, who have been in and out of the courtroom all day when those and other procedural question marks have prompted Hedegard to excuse them. It leaves a higher chance, meanwhile, that the trial could last until early next week, with closing arguments expected at some point Friday.
Rodrigues is the former San Benito County Sheriff’s Office deputy accused of raping four women between 1999 and 2007, when a grand jury indicted him alleging three of the cases. Prosecutors added a fourth suspected victim in the fall of 2008. Rodrigues also is charged on suspicion of unlawful sexual penetration and domestic violence and could face life in prison if convicted.
Hedegard started the afternoon session by citing a penal code section allowing the trial to continue, even with such a motion to dismiss. Cantu in the motion filed this morning for a mistrial alleged Hedegard has shown prejudice against Rodrigues in the way he treats the defense and what he allows as admissible in court.
Once the judge denied his motion, Cantu moved on to his next maneuver and requested a hearing because he said the defense had information that one of the witnesses alleging rape “may be related to the prosecutor.”
“To who?” Palacios responded.
“To you,” Cantu said.
Cantu called two members of the defense team, one of whom testified he had spoken to a woman outside the courthouse early last week who claimed to be Palacios’ cousin and also the sister-in-law of a suspected victim.
Palacios then took the stand and answered a few questions – including denying he has ever known the now-deceased husband of the witness and denying knowledge of the sister-in-law as a cousin.
Cantu followed Palacios’ testimony by telling the judge he did not wish to seek a finding on the conflict matter.
Below is video of opening statements from the trial.
