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NEWS : Porterville Recorder Article : 12-30-06

      12-30-06 : Calderon pleads not guilty in Fox murder

By Aaron Burgin, The Porterville Recorder
A Porterville man who allegedly stabbed and killed another man near the Tule River in August pleaded not guilty to murder in court Friday.

Miguel Cervantes Calderon, who entered his plea to Judge Gerald Sevier, is accused of killing Joseph Roderick “Rod” Fox on Aug. 13.

A trial date will be set 8:30 a.m. Jan. 9 in Tulare County Superior Court, Dept. 3. Calderon's attorney expects the trial to begin in March.

Police found Fox's body lying face down in a field in the 400 block of South E Street the afternoon of Aug. 13, with a single stab wound to the left side.

Calderon, 26, and another woman told police that he stabbed Fox in self defense. While prosecutors think the case is first-degree murder, Calderon's Public Defender Andy Rubinger reiterated his belief that the incident amounted to manslaughter at worst.

“This is not a murder case,” Rubinger said. “I expected there to be a deal for manslaughter, but there has not been, so we will take this to trial.”

This story was published in The Porterville Recorder on Dec. 30, 2006

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