Roseville man's trial on hold despite ruling

Despite a ruling from a visiting judge, the case against a Roseville man accused of killing a California Highway Patrol officer also of Roseville remains on hold because of questions surrounding a possible conflict of interest involving the judge assigned to oversee the trial.Brendt Anthony Volarvich, 21, remains in custody in Yolo County, along with co-defendant Gregory Fred Zielesch, 48, on charges related to the shooting death of CHP Offi-cer Andrew Ste-vens in November 2005.Investigators say Volarvich was the triggerman and that Zielesch supplied him the gun, but with the intent Volarvich would shoot another man.Yolo County Superior Court Judge Stephen L. Mock is the presiding judge, but attorneys for Volarvich and Zielesch have argued that his marriage to a Yolo County prosecutor poses a conflict."An appearance of impropriety is created by the close nature of the marriage," defense attorneys Fred Dawson and Clyde M. Blackmon argued in their motion. Though an out-of-county judge - who was appointed to hear the claim - ruled in favor of Mock hearing the case, the defense attorneys have taken the issue to the 3rd District Court of Appeals. Last week, that court issued an order that halts the criminal cases against Volarvich and Zielesch until there's a ruling on the potential conflict of interests.The court, based in Sacramento, will hear arguments until Jan. 19 and issue a ruling sometime after that.In court papers filed for the original hearing, Mock argued that he's heard criminal cases for more than a decade. He said he and his wife have been married since 1993, and noted the marriage is known throughout the county's legal community.Mock wrote in his argument he finds it hard to believe "a person aware of these facts might reasonably entertain a doubt that I can be impartial in handling this case."None of the principals involved in the case could comment, since a gag order has been placed on the murder trial.Several court dates have been set and rescheduled for Volarvich and Zielesch since their arrest shortly after the shooting. Volarvich was found in a Rocklin motel room with his girlfriend, Lindsey Jane Montgomery, the morning after the Nov. 17, 2005, shooting.Court records and police reports show Stevens pulled over Volarvich in Woodland for a routine traffic stop.Though it's still unknown why Stevens ordered Volarvich to stop, grand jury documents state Volarvich shot Stevens in the face.Montgomery, a former co-defendant in the case, has agreed to testify in the murder trial in exchange for charges against her being dropped. Before the Yolo County grand jury, Montgomery testified Volarvich confessed the crime to her.Reportedly, just days before the shooting, Volarvich had agreed to kill the boyfriend of Zielesch's ex-wife in exchange for bail money. Zielesch allegedly supplied Volarvich with a gun, which he then placed in the glove box of his vehicle.When he was stopped by Stevens, Volarvich's paranoia about his recent arrest and the gun in his glove box led him to shoot the 37-year-old officer when he was asked to step out of the vehicle, Montgomery testified.If convicted, Volarvich and Zielesch could face the death penalty.- Sherri L. Shaulis can be reached at sherris@goldcountrymedia.com.