HOLLISTER
– In an unexpected move, accused murderer Robert Orabuena had
the judge presiding over his prosecution removed from the case
Thursday.
HOLLISTER – In an unexpected move, accused murderer Robert Orabuena had the judge presiding over his prosecution removed from the case Thursday.
Exercising an infrequently used legal measure, Section 170.6 of the state’s Civil Code of Procedure, Orabuena had Superior Court Judge Steven Sanders disqualified from hearing the case.
Orabuena, of Gilroy, was reportedly still upset by Sanders’ previous ruling to remove his previous attorney Greg LaForge.
LaForge was originally appointed by the court to represent Orabuena because he couldn’t get an attorney on his own.
The court disqualified LaForge out of concern of a possible conflict of interest.
Hollister defense attorney Arthur Cantu was appointed by the court to represent Orabuena following LaForge’s dismissal.
“My client was so upset with the previous ruling that he did not feel that Judge Sanders could be fair in this case,” Cantu said.
Cantu, however, did not share his client’s concerns about Sander’s ability to fairly adjudicate the case.
“In all my dealings with the court, Judge Sanders has been nothing but fair with both sides,” Cantu said.
State law allows defendants at least one challenge of a judge they feel cannot be fair.
The case is being sent to Judge Harry Tobias who will hear the matter on Aug. 6.
