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NEWS > CRIME AND FIRE


Rodrigues faces minimum of 60 years in state prison
Nov 20, 2009
 By Kollin Kosmicki

Michael Rodrigues looks toward the courtroom gallery during his sentence hearing today at the San Benito County Courthouse.
Photo by: Nick Lovejoy, Staff Photographer
Michael Rodrigues likely will not be eligible for parole until he is 108 years old after officially receiving his sentence today for raping three women.

Judge Alan Hedegard administered the required sentence of 60 years to life in prison due to a provision in the law that disallows concurrent sentencing because Rodrigues was convicted on multiple offenses with special enhancements. Concurrent sentencing would allow for a penalty of 15 years to life, the sentence for each of the four rape counts.

"There is a requirement that those terms run consecutive," said Hedegard, a visiting judge from Monterey County.

There was just one victim who spoke during the sentence hearing and she said Rodrigues remains "in denial" about the crimes. She said he has "caused a great deal of suffering in my house."

"You will have a lot of time to think about all the women you hurt," said the trial witness, whom the Free Lance is not naming because she's the victim of a sex crime.

Rodrigues stood during the hearing next to the jury box, facing the attorneys' table where the victim sat as she spoke. Rodrigues also had the right to speak but he declined to do so.

The story continues below, but watch in this video as Michael Rodrigues is sentenced to prison:



The sentence hearing scheduled for 1:15 p.m. started about 30 minutes late after the judge had called prosecutor Patrick Palacios and defense attorney Art Cantu into his chambers.

When it began, Hedegard clarified that he interpreted the law to require the sentences to run consecutively. That ruling was the difference between a possibility of parole eligibility in 15 years versus the administered sentence calling for a 60-year minimum.

Cantu had requested that the judge still consider concurrent sentences "based on no criminal history" and to allow Rodrigues at some point to rehabilitate and return to the community.

Certain cases do allow for convicts to be eligible for parole after serving 85 percent of their minimum sentences, but Palacios said he believes it does not apply in Rodrigues' case.

Aside from the victim who spoke, Palacios also talked during the hearing and reiterated his statement from the trial that Rodrigues is a "serial rapist."

"Mike Rodrigues has continued to think he can operate outside of the law," Palacios said.

Palacios alleged during his address that Rodrigues had tried to develop a plan to escape from jail while trying to "enlist" other inmates and family members - from whom the prosecutor contended Rodrigues requested the appropriate "supplies" - to help him.

Palacios finished by alleging that Rodrigues had the financial ability to pay for his defense but still claimed he did not and retained a public defender. The prosecutor said Rodrigues had claimed all he owned was a pickup truck, but asserted he also has a Jeep, a motorcycle, a home, pension, an unknown amount of cash and certificates of deposit. Palacios claimed Rodrigues had requested the family sell the mortgage to pay for an appeals attorney.

"The people will be seeking a determination," Palacios said, "respecting his ability to repay an estimated hundreds of thousands of dollars the county spent on his behalf."

Look back for video and see the Free Lance on Tuesday for the full story.


Kollin Kosmicki
Kollin Kosmicki is editor of the Free Lance and Pinnacle. Reach him at 831-637-5566 ext. 337 or editor@freelancenews.com.

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