LAKEPORT — The lawyer representing Orlando Joseph Lopez Jr. in the toddler-killing trial Thursday asked the court to declare a mistrial, alleging prosecutorial misconduct on the part of Lake County District Attorney Don Anderson.
Attorney Stephen Carter made the oral motion during a hearing held outside the presence of jurors late Thursday morning at the Lake County Courthouse.
Lopez, 24, and Paul William Braden, 22, have pleaded not guilty to 15 felonies, including murder, and denied more than 30 special allegations in connection with a June 18 shooting in Clearlake.
Authorities allege the two men fired shotguns into a group of people gathered for a barbecue, killing Skyler Rapp, 4, and injuring five others. Lopez and Braden have different attorneys and separate juries.
The issue of alleged misconduct was raised after Anderson objected to a question Carter posed to witness Amanda Gamble, who was reportedly present when the shooting occurred.
The 20-year-old witness stated she found out after the shooting that Matthew Klaes was a member of a group called the “Avenue Boys,” or “Ave Boyz.”
Carter then asked, “As to any current knowledge you have that Matt Klaes was a member of the Ave Boyz, without telling me what the information was you may have received from someone else, at what time did you come to the knowledge that Matt Klaes had been an Ave Boyz,” according to a copy of the court transcript.
Anderson interjected, saying, “Objection, your honor, it”s an artful way of getting around a hearsay objection, it”s still hearsay.”
Carter objected to Anderson”s comment, saying “that calling me ”artful” is abusing a defense attorney in front of a jury. I believe it”s prosecutorial misconduct and I want to have a hearing outside the presence (of the jury).”
Judge Doris L. Shockley immediately excused both juries and the witness from the courtroom at about 11:40 a.m.
Once the jurors exited, Carter asked the court for a mistrial on Lopez”s behalf.
Carter claimed the DA”s statement constituted prosecutorial misconduct, in part, because it “impugned” his integrity.
Shockley did not rule on the request Thursday morning, and instead ordered both attorneys to submit written briefs on the matter next week.
A formal hearing is set for April 12 at 4 p.m. in Department 1.
“Defense attorneys have a duty to object whenever they feel prosecutorial misconduct has been committed before a jury,” Carter said after the proceedings.
Anderson also commented Thursday afternoon, saying, “All I can say is sometimes attorneys do their legal maneuvering and sometimes they do games. I”m not gonna play games.”
Doug Rhoades, who represents Braden, offered no comment. The mistrial motion does not apply to Braden.
Testimony will continue while the hearing is pending.
The jurors returned after lunch Thursday, and Carter completed his cross-examination of Amanda Gamble.
She stated she attended the June 18 gathering at the home of her cousin, Ross Sparks — the boyfriend of Rapp”s mother.
Amanda Gamble testified her finger was “grazed” after the first shot was fired but said she never reported the injury.
She also described seeing a confrontation at Walmart between Desiree Kirby (the toddler”s mother), and Dennis Fry (an “Avenue Boy”) and Leonardo Lopez (the co-defendant”s brother) several days before the shooting.
There was a “lot of yelling back and forth,” Amanda Gamble said of the encounter.
The prosecution claims the Walmart incident was connected to a fight several days earlier involving the “Ave Boyz,” Leonardo Lopez and Josh Gamble, Amanda”s younger brother.
Josh Gamble was the second witness called by Anderson Thursday.
He said he was involved in an altercation with some “Ave Boyz” and Leonardo Lopez after a graduation ceremony at Lower Lake High School about a week before the shooting.
Josh Gamble testified he didn”t see Braden or Lopez at the graduation.
Previous witnesses stated that both defendants were not members of the “Ave Boyz.”
Josh Gamble said he too was at Sparks” home the night of June 18. He stated he observed muzzle flashes coming from two separate areas of the fence.
Anderson had not completed his direct examination when Shockley adjourned the trial for the week Thursday afternoon.
The proceedings are set to reconvene Wednesday at 9 a.m. in Department 1. This Friday is a court furlough day.
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37. Follow trial coverage live on Twitter @JeremyDWalsh or by searching #BradenLopez.
