A California judge has thrown out a murder trial on its seventh day after the defendant’s own attorney was arrested at the courthouse and then stopped appearing in court.
Stanislaus County Superior Court Judge Valli Israels declared the mistrial in the case against Kelley Marie Ball. She issued the ruling without prejudice, which allows prosecutors to try Ball again.
The trial began Aug. 25. Ball’s attorney, Christopher Loethen, was arrested Sept. 16 at the Stanislaus County courthouse, the Modesto Bee reported.
His condition had raised concerns while the trial was underway.
Loethen was booked into the Stanislaus County Public Safety Center.
The suspected offenses were public intoxication, being under the influence of a controlled substance and possession of a controlled substance. He was released from jail later that night.
Loethen was absent when Ball’s trial resumed Thursday. According to the Bee, the court made “extensive efforts” to reach him by phone and email. He did not appear.
Israels scheduled a second hearing for Friday. She left messages telling Loethen he needed to be in court. He did not appear that day, either.
The judge also addressed Loethen’s conduct before his arrest. Israels said there had been an apparent change in his demeanor.
“It just seemed like there was an aggressiveness about Mr. Loethen, not just towards the court, but in general,” Israels said.
With Loethen still absent, Israels removed him as Ball’s attorney. She appointed another defender, Martin Baker, to take over the case.
Baker told the court he needed more time to prepare before the jury was scheduled to return Tuesday. Prosecutors objected to the request. Israels granted it.
Israels handled each step from the bench. She set Friday’s hearing, left the messages for Loethen, removed him from the case, appointed Baker, approved Baker’s request and declared the mistrial.
The trial was in its seventh day when the mistrial came. Loethen’s Sept. 16 arrest, his missed appearance Thursday and his missed appearance Friday all preceded it.
A mistrial without prejudice keeps the case alive and leaves prosecutors free to bring Ball before a new jury.
Prosecutors accuse Ball of killing a 12-year-old Modesto girl in a 2020 DUI hit-and-run crash. That allegation forms the core of the case jurors had been hearing.
Ball is accused of murder, driving under the influence of a drug causing injury, gross vehicular manslaughter while intoxicated and vandalism.
Court documents also show several prior DUI convictions for Ball. Those convictions span 1997 through 2007.
Ball is due back in court Sept. 24. She remains jailed on $2.195 million bail.
Loethen’s arrest has also left his own law office looking for answers. A person at the office told the Bee she had not spoken with Loethen and had no information about his arrest.
