Prosecutor Misconduct No. 1719265393 - 1933809877

Jose Rodriguez
2610 14th Street
Columbus, Nebraska 68601

Date of Offense

June 29, 2023

Reporting Authority

This complaint has been forwarded to the Nebraska State Bar Association

Statement

The date entered was the date I was sentenced. This case was June 29,2022- June 29, 2023 I also submitted a complaint yesterday (6/5/24) on Jose Rodriguez #22542. I did see where coercive plea bargaining was a type of complaint. This is in regards to my case number in Platte County, Nebraska CR 22-117. I requested my attorney William M Kurtenbach #26821 order a deposition with several people. My attorney and Mr. Rodriguez both spoke together with my employer's new accountant, Jordan Mueller and my employer's Board President, Sylvia Coffey. I also wanted my attorney to meet with the Treasurer of the Board, Kelly McGowan, and I also wanted my attorney to speak with my employers former accountant, Thomas Grubaugh, and ask why he never discovered the errors that the new accountant did. However, Mr. Rodriguez threatened me with new charges- Theft of wages from my employer, and NO plea agreement. This charge was new to me. But, if I was charged with that, I would have been able to prove that I did not do what I was accused of- if I was given the laptop. Shouldn't it have been my constitutional right to speak with any witness that I feel would help my case? I was not given that opportunity. I was rushed into making a decision regarding the plea agreement. My attorney was given my 1st plea agreement around 5:26 pm 5/25/23. I was given the plea agreement at 6:30 am 5/26/23. My attorney THOUGHT he sent it to me earlier. Even if he did, I had 14 hours to make a decision. Not a lot of time. I turned down that plea agreement and wanted to take my case to trial. The 2nd and final plea agreement, my attorney called me at 2:00 pm on Friday May 19, 2023 that I had until 3:00 pm that day to sign it, or all offers were be pulled. It was then I found out that Mr. Rodriguez had found out that my parents had access to funds, and he used that to determine the amount of restitution. If that was is basis, then I needed time to speak with my parents, and 1 hour simply was not enough. I was rushed into making a life alternating decision. Knowing that I was not provided with, nor was I going to be provided with the laptop and other invoices, and that my attorney never spoke with my witnesses, I had no choice in signing the plea agreement, and therefore, pleading guilty. Even though I disagreed with the restitution amount. ** I am attaching some emails between myself and my attorney. I am sure (I hope) that my attorney would have more communication between him and Mr. Rodriguez that will support my claims.** If you are needing more from me, please reach out and let me know how I can help.

Definition of Offense(s)

Coercive plea bargaining refers to the practice of using excessive pressure, threats, or other tactics to force a defendant to accept a plea bargain, even if it is against their best interest.