Attorney asks judge to recuse himself from case of accused sheriff's deputy
Hollister Free Lance, CA
By Michael Van Cassell
Jan 18, 2008
An attorney has asked the county's presiding criminal judge to dismiss himself from the case of a former sheriff's deputy indicted on eight felony charges, according to court documents. Mike Rodrigues, 47, of Hollister, was indicted in December on the charges - seven of which are suspected sex crimes. Those charges include: three counts of forcible rape, two counts of unlawful sexual penetration and one count each of spousal rape, attempted rape and domestic violence. Rodrigues' attorney, Christopher R. Miller, filed a request this week that San Benito County Superior Court Judge Steven R. Sanders recuse himself from the case. "The Honorable Steven R. Sanders is prejudiced against Mr. Rodrigues, or interests of Mr. Rodrigues, such that Mr. Rodrigues cannot have a fair and impartial hearing on any matter in this case before such judge," the request said... On Tuesday, Rodrigues will be arraigned and is expected to enter a plea to the suspected crimes. A judge and attorneys are also expected to discuss release of the transcript from a criminal grand jury that indicted Rodrigues...
[Full article here]
Police Officer Involved Domestic Violence. Lighting a candle of remembrance for those who've lost their lives to domestic violence behind the blue wall, for strength and wisdom to those still there, and a non-ending prayer for those who thought they had escaped but can't stop being afraid.
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Monday, January 21, 2008
[CA] Hard for Sgt. Rodrigues to get a fair trial (with so many victims)
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Family of killed man files lawsuit against embattled former sheriff's sergeantReplyDelete
Jan 21, 2008
By Michael Van Cassell
The family of a unarmed man shot by a deputy in June filed a wrongful death suit Wednesday in a U.S. District Court alleging his civil rights were violated.
Israel Guerrero, 29, of Hollister, was shot June 10, 2007, after what the sheriff's office claimed were failed attempts to subdue the man with a Taser gun and a baton strike.
An autopsy report stated Guerrero died of "excited delirium" from hours of cocaine and methamphetamine intoxication, with the gunshot, baton strike, Taser gun shocks and struggle with law enforcement contributing to the death.
The suit, filed by Guerrero's wife and family, contended the death "was caused by unprovoked, malicious, and excessive force used by sheriff Michael Rodrigues."
"Mr. Guerrero was tasered, struck with a baton, sprayed with pepper spray and shot with a gun by defendant sheriff Michael Rodrigues while Guerrero was unarmed and turning away from the sheriff," the suit said.
The sheriff's office reported at the time that Guerrero was advancing toward Rodrigues, and other means of force failed to subdue him.
Sheriff Curtis Hill, who is also named in the civil suit, said Rodrigues followed office use of force policy in shooting Guerrero.
The suit contended Hill "did not adequately or properly supervise, investigate, of discipline Deputy Defendant Michael Rodrigues in response to the unjustified killing of decedent."
Embattled former sheriff's deputy delays plea; transcripts of grand jury will remain sealed
Michael Van Cassell mailto:email@example.com
January 22, 2008
Transcripts from a criminal grand jury that indicted a former sheriff's deputy will remained sealed until at least Feb. 12, and his plea to eight felony charges was delayed six weeks, a judge ruled today.
Mike 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.
A neatly shaven Rodrigues appeared in court this morning for the first time on the charges.
Rodrigues' attorney, Christopher Miller, told the court he filed a request to keep the grand jury transcripts sealed, and plans to ask the case be dismissed.
San Benito County Superior Court Judge Harry Tobias delayed Rodrigues' arraignment on the charges until Mar. 4 to give attorneys time to file and answer requests.
On Jan. 2, District Attorney Candice Hooper requested the transcripts remain sealed until at least today to protect the names of suspected victims in the case. Those names, however, were made public in a criminal complaint filed in the Rodrigues case held by the San Benito County Superior Court.
"I think there are very strict boundaries to the public's right to know about these things," Tobias told the court.
Tobias said the sealed transcripts have "been a visible issue for the public."
The judge added that it seems both attorneys want the documents to remain sealed.
on feb 14th mike got another delay.ReplyDelete
this is how he has responded to all previous charges,, delay delay delay,, lets hope he gets his day in court... if he is innocent let him prove it.. also what about the newer rape charges and threats against one of his new girlfriends and her son.. what's going on with those charges... can the local paper find out about that case, and report something????