Murder trial collapses after defence attorney arrested in Stanislaus County court

A California judge declared a mistrial in a six-year-old Modesto murder case after the defendant's attorney was arrested on suspicion of drug offences mid-trial.

Modesto murder trial declared mistrial after defence lawyer arrested on drug suspicion in courtroom

A Stanislaus County judge declared a mistrial on Friday in a murder case dating back six years after the defendant's attorney was arrested on suspicion of being under the influence inside the courthouse, then failed to appear or respond to the court for two consecutive days, ktla.com reports.

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 asked for a mistrial, telling the judge he could not adequately prepare to take on a complex murder case in the few days before jurors were scheduled to return on Tuesday.

Ball told the court she agreed with the request. Deputy District Attorneys Harshan Samra and Zynal Aziz opposed the mistrial and indicated the prosecution was prepared to continue. Israels ultimately found there was no realistic prospect of Baker being ready in time and declared a mistrial without prejudice, leaving prosecutors free to retry Ball.

Trial in its seventh jury day when arrest took place

The decision brought an abrupt end to a jury trial that had been under way since 25 August. Loethen, a private attorney based in Merced, was arrested at the courthouse on Wednesday around noon by the Stanislaus County Sheriff's Office — the seventh day the case had been before the jury.

Sgt. Michael Carranza told The Bee that Loethen, 50, 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. Investigators had not yet determined what substance Loethen may have possessed, Carranza added.

The arrest followed a notification from supervising Deputy District Attorney Wendell Emerson to Judge Israels that there were concerns about Loethen's condition. A sheriff's sergeant then described observations of Loethen's behaviour in court. At the prosecution's request, Israels advised Loethen of his Miranda rights and ended the hearing so law enforcement could address the matter. The jury was not present in the courtroom at the time.

Two days of silence from arrested attorney

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

Israels detailed the court's extensive efforts to locate him: staff emailed multiple addresses, called numbers linked to his office and mobile phone, and left messages instructing him to appear. The judge also emailed Loethen directly on Thursday morning and again later that day, 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.

Israels issued an order to show cause requiring Loethen to appear at 8:30 a.m. Friday. He again did not appear. By approximately 9:20 a.m. Friday, the court had received no phone call, email or any other response.

Judge describes unusual aggressiveness before arrest

Before declaring the mistrial, Israels placed a more extensive record on the conduct she and prosecutors had observed prior to Loethen's arrest. She said he had made sarcastic and rude comments and displayed what she described as unusual aggressiveness toward the court.

"It just seemed like there was an aggressiveness about Mr Loethen, not just towards the court, but in general," Israels said.

At one point on Wednesday, the judge said, she asked a sheriff's deputy to accompany the attorneys into chambers because she did not feel entirely safe. Samra told the judge that Loethen's behaviour earlier in the week was unlike anything he had observed from the attorney in previous court appearances, and that his concerns had grown during proceedings on Tuesday and Wednesday, prompting him to alert a supervisor. Aziz said he had also observed concerning behaviour but had not independently concluded Loethen was unable to represent Ball.

Defendant accused of 2020 crash that killed 12-year-old

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 northbound 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 previous reporting by The Bee.

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.

Years of litigation over toxicology evidence preceded mistrial

The case had already involved years of litigation over toxicology evidence. Both sides sought additional testing and records before trial. In April, Loethen had asked for more time to prepare after receiving a toxicology report and laboratory notes that he said required further investigation.

With Loethen absent for a second straight day on Friday, Israels declared him unavailable, formally relieved him as counsel and appointed Baker to continue Ball's defence — a sequence of events that ultimately made a mistrial unavoidable.

Source: Google News MT — Crime (en)