A California judge declared a mistrial in a high-profile murder case at the Stanislaus County Superior Court, after the defendant’s attorney was arrested at the courthouse and subsequently failed to appear for court proceedings. Judge Valli Israels issued the ruling without prejudice, allowing prosecutors the option to pursue a retrial against defendant Kelley Marie Ball. The trial, which had commenced on August 25, was in its seventh day when the unexpected events unfolded.
"It just seemed like there was an aggressiveness about Mr. Loethen, not just towards the court, but in general." Judge Valli Israels, Stanislaus County Superior Court
The catalyst for the mistrial was the arrest of Ball’s defense attorney, Christopher Loethen, on September 16. Loethen was taken into custody at the Stanislaus County courthouse, as reported by the Modesto Bee. He was booked into the Stanislaus County Public Safety Center on suspicion of public intoxication, being under the influence of a controlled substance, and possession of a controlled substance. Loethen was released from jail later that same night.
Concerns about Loethen's conduct had been noted by the court even before his arrest. Judge Israels observed a noticeable shift in his demeanor during the trial. She stated, "It just seemed like there was an aggressiveness about Mr. Loethen, not just towards the court, but in general." This change preceded the events that led to his arrest and subsequent absence.
Following his arrest, Loethen did not appear when Ball’s trial was scheduled to resume. The court made "extensive efforts" to contact him via phone and email, according to the Bee, but these attempts were unsuccessful. Judge Israels then scheduled a second hearing for the following day, leaving messages for Loethen emphasizing the necessity of his court presence. Despite these efforts, he again failed to appear.
In light of Loethen's continued absence and the inability to contact him, Judge Israels removed him as Ball’s attorney. She then appointed a new public defender, Martin Baker, to assume responsibility for the case. Baker informed the court that he would require additional time to adequately prepare for the trial before the jury was scheduled to reconvene. Prosecutors voiced an objection to this request, arguing against the delay. However, Judge Israels ultimately granted Baker's request for more preparation time, recognizing the complexities of taking over a trial mid-proceeding. It was after these steps that Judge Israels formally declared the mistrial.
The declaration of a mistrial without prejudice is a significant procedural outcome, as it means the case against Ball remains active, and prosecutors are free to present it before a new jury at a later date. Kelley Marie Ball faces serious charges stemming from a 2020 DUI hit-and-run crash in Modesto, which allegedly resulted in the death of a 12-year-old girl. The specific allegations against Ball include murder, driving under the influence of a drug causing injury, gross vehicular manslaughter while intoxicated, and vandalism. Court documents further reveal that Ball has a history of prior DUI convictions, spanning from 1997 through 2007, which adds a layer of context to the current proceedings.
Ball remains incarcerated, held on a substantial bail amount of $2.195 million. She is scheduled to return to court on September 24 for further proceedings. The unexpected turn of events has also left Loethen’s own law office seeking answers, with a representative indicating they had not spoken with him and possessed no information regarding his arrest. The situation underscores the critical role of legal counsel in the judicial process and the potential for individual circumstances to profoundly impact the course of justice. The Stanislaus County Superior Court will now need to reschedule Ball's trial, an undertaking that will involve significant resources and time.
