A visiting judge will oversee the scheduled rape trial, set for
Aug. 24, of former sheriff’s deputy Mike Rodrigues. Judge Harry
Tobias in today’s pre-trial hearing for the case noted how visiting
Judge Alan Hedegard will oversee the proceedings, which attorneys
expect will last for two weeks.
HOLLISTER
A visiting judge will oversee the scheduled rape trial, set for Aug. 24, of former sheriff’s deputy Mike Rodrigues.
Judge Harry Tobias in today’s pre-trial hearing for the case noted how visiting Judge Alan Hedegard will oversee the proceedings, which attorneys expect will last for two weeks.
He is the same judge who had overseen the civil trial against former Supervisor Richard Scagliotti, before it was halted last year when Hedegard recused himself while admitting he had a conflict. Hedegard at the time admitted he had presided over the wedding for the son of the attorney, Michael Pekin, pursuing the suit against the county and the ex-supervisor.
Hedegard now is set to oversee one of the biggest San Benito County trials in recent history. Rodrigues, no longer with the sheriff’s office, has been charged on suspicion of raping four women, with additional counts for unlawful sexual penetration and domestic violence, according to court documents. A grand jury in December 2007 indicted Rodrigues alleging he raped three women, while prosecutors added another suspected victim in September 2008.
Hedegard is being brought in because Judge Steven Sanders was disqualified from the case and also due to workload issues for the two county-assigned judges. Court Executive Gil Solorio said the Administrative Office of the Court has rated San Benito County in need of more than two judges and for any jury trial, they “are run by visiting judges.”
“The normal process for any jury trial would be to bring in a judge,” he said.
After the county puts in a request for a visiting judge, the office sends one from any part of the state. In the past, judges have come from as far as Napa County and Los Angeles County for trials.
Aside from announcing the visiting judge, much of today’s hearing centered around the witness list.
Rodrigues’ attorney Art Cantu said he is “confident in the state of the case.”
“Our investigators have worked hard and we are looking forward to having this case being brought before a fair jury, and we believe that at the end of the case, Mike (Rodrigues) will be acquitted of all charges.”
Deputy District Attorney Patrick Palacios said his list was complete, even though he “doubts” that all the witnesses will get on the stand. Cantu shared a similar sentiment that the defense’s use of witnesses “is going to be much less than that (shown on the list).”
Once the hearing began again at 10 a.m., both Cantu and Palacios exchanged new witness lists and each met with Tobias shortly after. Twenty minutes later, Tobias re-entered the courtroom and concluded other business including discussing jury trial motions and the scheduling of arguments on jury trial motions, along with clarifying the trial date.
The trial is scheduled to begin at 9 a.m. on Aug. 24 in courtroom 201 at the San Benito County Courthouse. This will be preceded by a motion hearing at 9 a.m. on Aug. 19, also in courtroom 201.
