The high court also directed Superior Court Associate Judge Joseph N. Camacho to vacate his previous order for discovery at a preliminary hearing of Rudolph Rudolph.
Rudolph was charged on Aug. 5, 2020 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.
In their ruling, the justices said some disclosure is permissible at the preliminary hearing, but it must be “narrowly tailored to the probable cause inquiry and not exceed the scope of direct examination.”
Chief Justice Alexandro C. Castro, Justice John A. Manglona, and Justice Perry B. Inos found that Judge Camacho’s order exceeded this narrow scope.
According to the justices, the trial court’s “overbroad order compelling production of ‘all notes, statements, police reports, videos, etc. relevant to the determination of probable cause at the preliminary hearing’ is vacated and the preliminary hearing should be conducted without further delay.”
Judge Camacho, in his order on Sept. 28, 2020, said Rudolph had the right to cross-examine adverse witnesses at a preliminary examination hearing “to weed out groundless claims.”
The judge said the defendant was also entitled to “the tangible materials in possession of the Commonwealth that relate to the government’s determination of probable cause so that the defendant can fully and properly cross-examine the government’s witness.”
The AG’s office, however, said that in a preliminary hearing, the trial court lacks jurisdiction to compel discovery.
The AG’s office also asserted that the Superior Court: 1) lost its jurisdiction by delaying the hearing beyond the 10 days specified in Rule 5.1; 2) lacked jurisdiction to issue a discovery order at a preliminary hearing; and 3) created its own procedural rules, usurping the constitutional functions of the chief justice and the Legislature.
The justices agreed.
“This strong ruling by the Supreme Court restores the proper rule of law,” chief prosecutor John Bradley said in an email. “We are grateful that the Supreme Court gave speedy consideration to the arguments of Chief Solicitor Robby Glass.”
Rudolph is represented by attorney Anthony Aguon.
