HOLLISTER
– A decision on whether to move for a mistrial in the Robert
Orabuena case has been put on hold for additional
investigation.
HOLLISTER – A decision on whether to move for a mistrial in the Robert Orabuena case has been put on hold for additional investigation.
Defense attorney Arthur Cantu said he wants to be absolutely sure there is enough evidence of juror misconduct to convince a judge before he files a motion with the court asking for a mistrial.
“It’s extremely premature to make a decision right now,” Cantu said. “Before we file, we have to be certain that there is sufficient proof in order to go before a judge.”
The proof Cantu is looking for is something that would definitively establish if Michael McIntyre acted improperly while he was a juror hearing Orabuena’s misdemeanor vehicular manslaughter trial.
On Nov. 7, Orabuena, 41, of Gilroy was convicted of misdemeanor manslaughter when he was found to be partially at fault for the July 4 accident on Fairview Road that ended with the death of Joseph Judnick, 48, of Salinas.
Cantu’s concern was caused by McIntyre who was removed from the jury during Orabuena’s manslaughter trial because of his reported ties to the San Benito County District Attorney’s Office and questionable conduct during the two-and- a half-day trial.
“It gave everyone pause as to whether or not this juror was trying to trade a verdict for political favors,” Cantu said.
However, McIntyre said nothing happened at Sarsfield’s office and that he was not trading his vote for any favors, political or otherwise.
If a judge declares Orabuena’s conviction was the result of a mistrial, Orabuena would have to be retried.
