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On Monday Judge Andrew Blum set Wednesday, March 28, as the date that the trial will begin for Derik Dion Navarro, 39, of Kelseyville. The trial judge has not yet been assigned.
Navarro is facing 16 charges for allegedly having sex with a young teenage girl numerous times over the course of a year, beginning in May 2005 with she was 14 years old.
At the time when the alleged activities took place, Navarro was a Lake County Sheriff’s deputy. In early 2007, the agency received information about the allegations, which led to an investigation and, ultimately, resulted on Navarro’s termination in April 2007, with his arrest taking place a week later.
Because he had at one time represented Navarro in a matter related to his employment, District Attorney Don Anderson couldn’t prosecute the case due to a conflict of interest, and it was handed over to the California Attorney General’s Office.
In December, Senior Assistant Attorney General Dave Druliner and Navarro's attorney, Mitch Hauptman, reached a plea agreement in which Navarro pleaded guilty to one count of felony unlawful intercourse with a child under age 16, with the 15 other charges to be dismissed.
Navarro was expected to receive three months in jail and three years’ formal probation, with no requirement to register as a sex offender, when he was scheduled to be sentenced Jan. 9.
But despite the requests from the alleged victim and her family to accept the agreement to allow them closure, Judge Blum rejected the agreement, calling it “ridiculously lenient.”
The California Attorney General’s Office did not respond with a comment on the case on Monday.
Hauptman told Lake County News that he is exploring the possibility of a change of venue motion.
He has hired an expert who will conduct a community survey to see if a change of venue motion is warranted. Hauptman, who isn’t yet convinced that a change of venue is necessary, said he expects to see the survey completed within the next four to six weeks.
He said he’s considering the change of venue matter because of some unusual circumstances, not the least of which is the active role Sheriff Frank Rivero has taken in advocating against the plea agreement.
Rivero put out a statement last month denouncing the agreement, and sent Blum a letter – which was waiting on the judge’s desk on the morning of the scheduled sentencing – asking him to turn down the sentence bargain, according to Hauptman, who viewed the document.
Hauptman said he wasn’t saying what Rivero did was right or wrong, but it’s rare for sheriffs to get involved in cases, and Hauptman believes Rivero’s involvement has affected the perception of some community members regarding the case.
There had been an offer pending the case for some time, which Hauptman said Navarro had rejected.
However, he finally agreed to plead guilty to the charge as part of the December agreement. In doing so, Hauptman said Navarro made “the best decision he could to be around to protect his family.”
Hauptman also maintained that just because Navarro pleaded guilty to the charge, it does not mean he is guilty of it, and therefore people should withhold judgment.
Blum initially had to approve the agreement when the plea was entered, said Hauptman.
“There is a reason why there is a time lapse between approval and actual sentencing,” said Hauptman, noting that it gives judges the chance to further reflect and consider the case.
On Jan. 9, before he rejected the agreement, Blum called Hauptman and the parties into chambers to discuss the matter.
“It was pretty clear that he had some serious concerns at that point,” said Hauptman, adding he was “blindsided” by Blum’s decision to reject the agreement.
At the same time, Hauptman said he believes Blum had good motives in making his decision.
Having worked in Lake County for a long time, Hauptman believes he has the home court advantage in the case.
“However, the last six weeks generated an enormous amount of powerful press,” he said. “My perception is it’s a little more widely spoken about than most cases.”
Those issues of perception aren’t easily addressed in the jury selection process, he said, which is the reason that the change of venue is being considered.
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