MORGAN HILL (CBS SF) — Former 49er Dana Stubblefield appeared in a South Bay court Friday morning as his attorneys requested the judge recuse himself from his trial for allegedly sexually assaulting a developmentally disabled woman in his home.
Stubblefield had been scheduled to be arraigned at 9 a.m. Friday on five felony charges related to the alleged incident at his Morgan Hill home last year.
Instead, Stubblefield’s attorneys asked the judge to recuse himself because they want him to get a fair trial in front of a jury of his peers.
“We think people, when they hear the evidence, they’ll make the right decision,” said Gary Winuk, one Stubblefield’s attorneys.
The Santa Clara County District Attorney’s office confirmed attorneys for Stubblefield were granted their request for a new judge Friday.
Stubblefield did not enter a plea.
Stubblefield’s legal team previously requested early last month that Santa Clara County District Attorney Jeff Rosen recuse himself from the case.
“We feel the case needs to be handled by an impartial body, so we’re asking for the Attorney General’s office to be named the prosecutor in this case so Mr. Stubblefield can get a fair deal,” said Winuk at a May 6 press conference.
According to the Santa Clara County District Attorney’s office, the rape victim was assaulted at Stubblefield’s home in Morgan Hill on the afternoon of April 9, 2015.
The victim – a developmentally disabled woman who was age 31 at the time – traveled to Stubblefield’s home after he contacted her through a babysitter website to interview for a job. After the assault, the victim immediately went to the Morgan Hill Police Department to report the crime.
Stubblefield was arrested and charged with rape in connection with the 2015 incident on May 2, over a year after the alleged assault.
The next day, Stubblefield appeared with his attorneys Winuk and Ken Rosenfeld at a press conference to vehemently deny the rape charges.
Maintaining that the the sexual encounter was consensual, Stubblefield and his legal team also claimed that the alleged victim wasn’t developmentally disabled and is targeting the former NFL player for financial gain.
The 45-year-old Stubblefield was a defensive tackle in the NFL for 11 seasons. He played for the San Francisco 49ers in the 1990s and ended his career with the Oakland Raiders in 2003.
Stubblefield is scheduled to return to the Morgan Hill courtroom next Friday for another hearing.