, will appear in court this morning for a preliminary examination.
The hearing in Department 23 of the San Jose Hall of Justice will include a couple of witnesses put on by the prosecution to determine if there's sufficient evidence to hold the defendant to answer for trial, said Santa Clara County Deputy District Attorney Luis Ramos.
The well-known San Jose nightclub operator is accused of having committed the crime between Jan. 7th and 8th this year, having sexual intercourse with the victim, who was not his spouse, and who claims the act was performed by means of force, violence, duress, menace and fear of immediate and unlawful bodily injury.
If presiding Santa Clara County Superior Court Judge Jerome Nadler decides there's enough evidence, another hearing will be set for an arraignment on the information being given to the court today, Ramos explained.
Shafazand, 50, was arraigned Jan. 24 on the criminal complaint, which has been sealed to the public due to the nature of the crime, Ramos explained. The alleged victim is not a minor, Ramos said.
Once that arraignment hearing takes place, the judge will set a trial date, Ramos said.
The case has a request for trial priority, according to the felony complaint that lists the one count of rape Shafazand is being charged with, and which is attached to this article as a PDF.
His attorney, Anthony Pagkas has not returned several calls seeking comment.
The crime is said to have occurred following an evening at San Jose's nightclub Myth Taverna & Lounge, which Shafazand owns, along with the Sabor Tapas Bar & Lounge nightclub, also in San Jose.
Free after posting $100,000 bail, he was arrested by Los Gatos-Monte Sereno police at his residence on Jan. 8. If found guilty, he faces a maximum sentence of eight years in state prison.
Shafazand had been vying to operate Dasha's Restaurant and Lounge in the Gaslighter Theater, but the Campbell City Council denied a conditional-use permit on Jan. 3 that would have allowed the business to serve alcohol past midnight.
He had previously been denied the permit on Oct. 25 by the Campbell Planning Commission due to an alcohol ordinance that prohibits downtown businesses from serving alcohol past midnight.
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