A judge Thursday ordered that the transcript from a grand jury
indicting a former sheriff’s deputy on multiple felonies remain
sealed until March so an attorney can challenge evidence contained
within.
A judge Thursday ordered that the transcript from a grand jury indicting a former sheriff’s deputy on multiple felonies remain sealed until March so an attorney can challenge evidence contained within.
Former San Benito County sheriff’s Sgt. Mike Rodrigues, who was not present in court Thursday, was indicted in December on eight felony charges, including seven suspected sex crimes.
The transcript from the grand jury that indicted Rodrigues, a 25-year veteran, was due to be released in early January. That transcript will remain sealed until Mar. 4, San Benito County Superior Court Judge Harry Tobias ruled.
The district attorney, in originally pushing for its sealing, reasoned it would protect the anonymity of suspected victims. An open records attorney, however, has contended that the transcript should be released because the suspected victims’ names previously had been released in a criminal complaint. He also said the court could simply redact names from the transcript.
Felony charges against Rodrigues include three counts of forcible rape, two counts of unlawful sexual penetration and one count each of spousal rape, attempted rape and domestic violence. According to a complaint, the suspected crimes took place between 1999 and Nov. 2007.
Rodrigues’ attorney, Christopher Miller, contended the “transcripts are riddled with inadmissible evidence.”
At a criminal grand jury hearing, prosecutors can show evidence without defense attorneys present.
Miller argued that releasing the transcript would subject his client to prejudicial pretrial publicity and he called local media coverage of the case “unusual.”
The attorney had filed a request to dismiss the indictment for lack of evidence and he asked Tobias to keep the transcript sealed until that request can be heard.
Tobias was reluctant at first to order the transcript be sealed.
The judge ordered the transcript remain sealed after hearing Miller’s argument that releasing the document would create a “soap opera” and that evidence could be inadmissible.
“There’s no way of knowing that evidence is appropriate or properly admitted,” Tobias said, adding, “I guess I’m receptive to your argument.”
In November, San Benito County Sheriff Curtis Hill announced Rodrigues was “no longer employed by the County of San Benito.”
