On Friday, February 27, 2026, The Mercury News reported that attorneys for one of the five pro-Palestinian activists, accused of felony vandalism during a 2024 Stanford University protest, are seeking to remove the Santa Clara County District Attorney’s Office from retrying the case. The defense argues that District Attorney Jeff Rosen has a conflict of interest, undermining the defendant’s right to a fair trial.
Deputy Public Defender Avi Singh, representing defendant German Gonzalez, filed the motion on February 25, citing Rosen’s fundraising campaign, which highlighted the case, and the prosecution’s conduct during the first trial. The request follows a mistrial declared on February 13 after jurors split 8-4 in favor of guilt on the conspiracy charge and 9-3 on the felony vandalism count, which was short of the unanimous verdict required for conviction.
According to Singh’s motion, Rosen publicly announced his intent to retry the case less than 30 minutes after the mistrial. Singh cited that swift declaration as evidence of bias, quoting Rosen as saying the case involved “a group of people who destroyed someone else’s property and caused hundreds of thousands of dollars in damage.” A Santa Clara County judge is set to hear the motion on March 18, with the retrial scheduled for March 23.
The attorney general’s office typically represents the prosecution when a motion seeks to recuse a district attorney because the district attorney’s office is a party to the case. While the office has occasionally stepped aside after determining a conflict of interest, court-ordered removals are rare.
At the center of the recusal motion is Rosen’s alleged use of the high-profile case in campaign fundraising. Singh argues that Rosen highlighted the prosecution of the “Stanford 5” on his campaign website “directly alongside ‘Donate to Jeff’ buttons,” and on a page titled “DA Rosen Fighting Anti-Semitism,” among other accusations.
Rosen’s office declined to comment on the motion, deferring to the attorney general, who did not respond to requests for comment.
Source: The Mercury News
