Ruling: Judge not biased against Griesa defense
Trial start delayed to June 15
A retired Nevada County judge is not biased against former Marysville towing company manager Joseph Griesa's attorney and can continue presiding over the sexual assault case against Griesa, a judge appointed by the California Supreme Court ruled Monday.
After failing earlier to have the entire Yuba County District Attorney's Office removed from the case, Griesa attorney Kenneth Rosenfeld sought to recuse Judge Ersel Edwards in a motion filed May 21.
That motion and others delayed the start of Griesa's second jury trial, which was scheduled to begin Tuesday. Edwards agreed to postpone it until June 15 because of what Deputy District Attorney John Vacek called "a flurry" of last-minute motions, including one by Rosenfeld to exclude evidence.
Rosenfeld did not rule out a plea by Griesa before the start of the trial.
"Anything could happen," the Sacramento attorney said.
A jury last year convicted Griesa of misdemeanor offenses involving a 17-year-old girl who worked as a dispatcher for the towing company but failed to reach a verdict on felony charges. Griesa is facing a retrial on the felony charges.
San Joaquin County Judge Bernard J. Garber, appointed by the Supreme Court, ruled Edwards has strong opinions about how the case should proceed but is not biased against the defense.
Edwards has criticized Rosenfeld in court for failing to follow through on promises to file motions. He responded May 28 to Rosenfeld's motion:
"An independent review of this case will reveal that there is no basis for the motion to recuse, that the defendant and his attorney have been treated fairly and the actions of this court that (Rosenfeld) cites as bias are nothing more than the common, ordinary interaction of the parties," Edwards wrote.
"The only apparent affirmative preparation the defense has made in this case is to prepare motions to recuse the district attorney and the judge. Each of these motions have come on the eve of scheduled jury trials," the judge wrote.
In motions Edwards has not yet ruled on, Rosenfeld contends that Griesa was "duped" into cooperating with the Yuba County District Attorney's Office; that the case cannot proceed until a different judge rules on motions in the case of two attorneys charged with trying to bribe the girl; and that that trial must be postponed to protect Griesa's constitutional rights.
"I want this case to proceed," Edwards said Tuesday, adding that he is prepared to rule Tuesday on the motions.
