Another lawyer was excused from representing former sheriff's deputy Michael Rodrigues today after a judge ruled there was a conflict of interest between that attorney and Rodrigues.
Harry Damkar was the second lawyer to be relieved from the case after June 10 when a judge excused public defender Greg LaForge for the same reason.
Superior Court Judge Harry Tobias met privately with Damkar and Rodrigues for 40 minutes today before emerging from his chambers and issuing his ruling.
"It's my opinion that (Damkar) should not accept the appointment as legal counsel," Tobias said at the hearing.
After relieving Damkar, Tobias assigned Rodrigues' case to attorney Arthur Cantu. Cantu said after the hearing today that he did not foresee any similar conflicts but that he would have to read over the case thoroughly before making a final decision.
Rodrigues has been charged with three counts of forcible rape, two counts of unlawful sexual penetration and one count each of spousal rape, attempted rape and domestic violence.
Both Damkar and LaForge previously have said their work in the San Benito County District Attorney's Office 20 years ago - in which they pursued previous criminal allegations against Rodrigues - precludes them from representing him fairly.
On June 4, California Department of Justice agents searched Rodrigues' house and car, along with the home of his father Ron Rodrigues, and found two handguns and 700 rounds of ammunition belonging to Rodrigues. A restraining order filed by his estranged wife and approved by a San Benito County judge prohibits the former deputy from owning any firearms.
San Benito County District Attorney Candice Hooper said after today's hearing that she had not read the report regarding the DOJ search and could not comment on whether she would seek additional weapons charges against Rodrigues.
"The report may very well be in my office," she said. "But I haven't seen it yet."
Rodrigues will be back in court at 3 p.m. June 25 for another pre-trial conference.
Curtis Cartier Curtis Cartier covers the City of Hollister and public safety for the Free Lance. Reach him at (831) 637-5566 or email him.
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