Mistrial in Modesto murder case as defence lawyer arrested in court

A Stanislaus County judge declared a mistrial in a six-year-old murder case after the defendant's attorney was arrested at the courthouse on drug-related charges.

Modesto murder trial collapses after defence attorney arrested on drug charges at courthouse

A Stanislaus County judge declared a mistrial Friday in a six-year-old murder case, according to modbee.com, after the defendant's appointed attorney was arrested at the Modesto courthouse on suspicion of drug possession and intoxication — and then failed to return to court or respond to repeated contacts for two days.

Superior Court Judge Valli Israels relieved attorney Christopher Loethen as counsel for defendant Kelley Marie Ball and appointed attorney Martin Baker to take over the defence. Baker immediately requested a mistrial, telling Israels he could not adequately prepare to handle the complex case in the few days before jurors were due to return Tuesday. Ball told the judge she agreed with the request.

Deputy District Attorneys Harshan Samra and Zynal Aziz opposed the mistrial and said the prosecution was ready to continue. Israels ultimately found there was no realistic way for Baker to be adequately prepared in time and declared a mistrial without prejudice, meaning prosecutors may retry Ball.

The ruling brought an abrupt end to a jury trial that had been under way since 25 August and was in its seventh day before the jury when Loethen was arrested Wednesday.

Defendant accused of killing 12-year-old in 2020 crash

Ball is accused of killing 12-year-old Yarely Jasso-Gomez in a crash on 19 July 2020 in west Modesto. Police said Ball was driving a 2006 Jeep Laredo north on Sisk Road when she ran a red light at Plaza Parkway and struck a Nissan Altima carrying Yarely, her parents and her older brother. Yarely died at the scene. Her brother was airlifted to a Bay Area hospital with major injuries, while her father also suffered serious injuries and her mother was injured, according to prior Bee reporting.

Ball faces four felony charges: murder, gross vehicular manslaughter while intoxicated, driving under the influence of a drug causing injury, and vandalism. Prosecutors are pursuing the murder charge under what is commonly known as a Watson murder theory, which allows an impaired-driving death to be prosecuted as second-degree murder when the driver is alleged to have known the dangers of impaired driving and acted with conscious disregard for human life. Court filings allege Ball had five prior DUI convictions dating from 1997 to 2007.

The case had also involved years of litigation over toxicology evidence, with both sides seeking additional testing and records before trial. As recently as April, Loethen had asked for more time to prepare after receiving a toxicology report and laboratory notes he said required further investigation.

Attorney arrested at noon, failed to return for two days

The disruption began Wednesday while the jury was outside the courtroom. Court records show supervising Deputy District Attorney Wendell Emerson alerted Israels to concerns about Loethen's condition. A sheriff's sergeant then described his observations of the attorney's behaviour in court. At the prosecution's request, Israels advised Loethen of his Miranda rights and ended the hearing so law enforcement could act.

Loethen, 50, was arrested at the courthouse around noon by the Stanislaus County Sheriff's Office, Sgt. Michael Carranza told The Bee. He was booked into the Stanislaus County Public Safety Center on suspicion of possession of a controlled substance, being under the influence of a controlled substance and public intoxication. Carranza said investigators had not yet determined what substance Loethen may have possessed. Loethen could not be reached for comment. A paralegal at his office told The Bee on Wednesday she had not spoken with him and had no information about the arrest.

The trial did not resume after the arrest. Israels said Friday that the court understood Loethen had been released from custody around 11 p.m. Wednesday. He did not appear for an 8:30 a.m. hearing Thursday and made no contact with the court.

Court staff undertook extensive efforts to locate him: emailing multiple addresses, calling numbers linked to his office and cellphone, and leaving messages stating he was required to appear. Israels emailed Loethen again Thursday morning and later that afternoon, informing him that Ball remained in trial, that he was still her attorney of record and that the court needed to know when he could appear. She issued an order to show cause requiring him to appear at 8:30 a.m. Friday. He again did not appear.

Judge describes 'unusual aggressiveness' before arrest

By around 9:20 Friday morning, Israels confirmed the court had received no phone call, email or other response from Loethen. The judge then placed on the record what she and prosecutors had observed before his arrest.

Israels said Loethen had made sarcastic and rude comments and displayed what she described as unusual aggressiveness toward the court. At one point Wednesday, she said, she asked a sheriff's deputy to accompany the attorneys into chambers because she did not feel completely safe. "It just seemed like there was an aggressiveness about Mr. Loethen, not just towards the court, but in general," Israels said.

Samra told the judge that Loethen's behaviour earlier in the week was unlike anything he had experienced with the attorney in previous court appearances, and that his concerns had grown during proceedings Tuesday and Wednesday, prompting him to alert a supervisor. Aziz said he also observed concerning behaviour but did not independently conclude Loethen was unable to represent Ball.

Israels had initially planned to hold what is known as a Marsden hearing — a closed proceeding in which a defendant represented by appointed counsel may ask a judge to replace the attorney. With Loethen absent for a second consecutive day, the judge instead asked Ball directly whether she wanted him removed. Israels declared Loethen unavailable and relieved him as counsel before appointing Baker and granting the mistrial request.

Source: Google News MT — Crime (en)