Former San Benito County Sheriff's officer Mike Rodrigues, left, sits with his attorney at a previous hearing. Rodrigues was indicted on eight felony charges. Grand jury testimony in his case has been sealed until March 4 to allow attorneys to challenge e

Former Sgt. Mike Rodgrigues pleaded not guilty
Three months after a grand jury indicted former sheriff’s Sgt. Mike Rodrigues, a judge Wednesday is set to release a transcript of the testimony.

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. Rodrigues was a 25-year veteran of the San Benito County Sheriff’s Office until he was fired in the wake of these felony charges.

Rodrigues has pleaded not guilty to all charges and his attorney Christopher Miller has vowed to seek a dismissal.

Normally grand jury transcripts are made available 10 days after the defendant or his or her attorney is served the indictment. San Benito Superior Court Judge Harry Tobias ruled on Jan. 22 to keep the documents sealed while prosecutors and defense attorneys ironed out details.

Grand jury testimony can remain sealed until trial if the information is deemed a danger to witnesses or a threat to jury objectivity. Judge Tobias ruled it was neither.

Many of the witnesses names were previously revealed in the original criminal complaint and Tobias said any objectivity issues could be solved by a change of venue. Miller had contended the testimony is “riddled with inadmissible evidence” and releasing it will deny his client the ability to defend himself should the case go to trial.

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A staff member wrote, edited or posted this article, which may include information provided by one or more third parties.

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