A mistrial was declared during jury selection in the statutory rape case of a convicted sex offender after his defense attorney announced that he had an irreconcilable conflict and could no longer represent his client.
Attorney Tom Deremegio was not required to disclose publicly what the conflict is or how it arose unexpectedly three days into trial but Judge Cliff Cretan heard his explanation in chambers and ultimately declared a mistrial in the case of Joshua Kenneth Bringazi.
Bringazi, 27, will be back in court Aug. 31 to identify a new court-appointed attorney and set a new trial date.
Bringazi, who was previously convicted for repeatedly having sex with an inebriated teenager, is charged with having intercourse with the drunk 15-year-old sister of his roommate’s girlfriend. He is charged with a lewd act against a child more than 10 years younger and unlawful sexual intercourse.
Prosecutors say Bringazi, then 25, had sex with the Oregon teen on Aug. 24, 2010 when she came with her half-sister to visit family. Bringazi was a roommate of the sister’s boyfriend and the girls reportedly stayed with them. On the night in question, Bringazi pressured the girl to have a beer during a drinking game before having sex with her in his room, according to the District Attorney’s Office.
The next day, the girl allegedly refused further advances and Bringazi kicked her and the sister out of the apartment.
Authorities learned of the local accusations when Bringazi’s roommate anonymously reported the incident to his parole agent.
At the time, Bringazi was on parole for multiple Santa Clara County convictions of using a minor to produce obscene material and penetration of a minor using a foreign object.
Bringazi remains in custody in lieu of $100,000 bail.