The Office of the Attorney General\u2019s criminal division has asked the court to reassign to a different judge the preliminary hearing for a sexual abuse of a minor case.<\/p>\n
Assistant attorney general Samantha Vickery entered a motion before Superior Court Presiding Judge Roberto C. Naraja to reassign the preliminary hearing of Rudolph Rudolph rather than to reset the date for a third time.<\/p>\n
Rudolph was charged on Aug. 5 with three counts of sexual abuse of a minor in the first degree and four counts of sexual abuse of a minor in the second degree.<\/p>\n
A preliminary hearing was originally set for the same day, but the Public Defender\u2019s Office requested to withdraw representation because of conflict. A private counsel was appointed and the case came before the court again for a preliminary hearing on Aug. 12. <\/p>\n
Vickery said the defense made a verbal motion on Aug. 12 to compel all tangible materials in order to cross-examine the detective in the case but the OAG objected to the request and the court continued the preliminary hearing to Sept. 2. <\/p>\n
On Aug. 12 Associate Judge Joseph N. Camacho issued an order to the defense to file a written motion and request for intangible materials.<\/p>\n
On Aug. 17, the defense attorney filed a motion for all tangible materials used by law enforcement to establish probable cause to fully and properly cross-examine the government witness.<\/p>\n
The OAG filed an opposition on Aug. 24, citing the preliminary hearing\u2019s lack of jurisdiction to entertain motions to compel discovery as well as several other reasons.<\/p>\n
On Aug. 26, Camacho issued a sua sponte order resetting the preliminary hearing for a third time to Sept. 23. Sua sponte is an act of authority taken without formal prompting from another party.<\/p>\n
\u201cThis sua sponte order also vacated the arraignment for a second time, a function reserved for the presiding judge and moved it from Sept. 14 to Sept. 23,\u201d Vickery said.<\/p>\n","protected":false},"excerpt":{"rendered":"
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