LAKEPORT — Testimony in the toddler-killing trial was canceled Wednesday because of a sick juror, marking the second time such a delay has occurred.
Paul William Braden, 22, and Orlando Joseph Lopez Jr., 24, have pleaded not guilty to 15 felonies — including one murder count and five counts of attempted murder — and have denied more than 30 special allegations in connection with a June 18 shooting in Clearlake.
Authorities allege the two Clearlake Oaks residents fired shotguns at a group of people gathered for a late-night barbecue, killing Skyler Rapp, 4, and injuring five others.
Braden and Lopez are standing trial in the same courtroom but have different lawyers and separate juries.
Testimony was scheduled to continue Wednesday morning at the Lake County Courthouse, but the parties learned Tuesday that one of the Braden jurors was ill and unable to serve this week.
Braden”s attorney, Doug Rhoades, said he preferred to postpone the proceedings rather than replace the sick regular juror with one of the three remaining alternates, which he called a “prescription for disaster” with at least a month left in the trial.
The Braden jury has lost four alternates since jurors were selected in February. The Lopez jury has five of its original seven alternates.
Neither jury appeared in the courtroom Wednesday.
Braden jurors will not return until April 18, Judge Doris L. Shockley said.
The proceedings met with a variety of delays in March, with trial days being missed because of a sick juror, an attorney”s illness and a judicial seminar.
Shockley said a “realistic” ending date is now May 23, several weeks later than originally estimated. Testimony began Feb. 29.
The parties are expected to conduct hearings without jurors Thursday afternoon. There has also been discussion of having the Lopez jury report back to court Friday to consider evidence that may not be permissible for Braden jurors, according to Shockley.
One hearing set to occur after court reconvenes at 1:30 p.m. Thursday will address a mistrial motion made last week by Lopez”s lawyer, Stephen Carter.
Carter claims Lake County District Attorney Don Anderson committed prosecutorial error on April 5 while objecting to a question the defense lawyer asked to witness Amanda Gamble, who was reportedly present when the shooting occurred.
Anderson said, “Objection, your honor, it”s an artful way of getting around a hearsay objection, it”s still hearsay.”
Carter immediately objected to the prosecutor”s comment, requested a hearing outside the presence of jurors and later asked for a mistrial on Lopez”s behalf.
“A fair trial cannot be had when the prohibition against attacking the integrity of defense counsel is violated in the presence of the jury,” Carter wrote in a subsequent memorandum to the court.
Anderson opposed the mistrial motion in a written filing.
“The objection made by the prosecution was not misconduct and was not ”abusing a defense attorney in front of a jury.” The objection could not reasonably have prejudiced the jury against the defendant or his counsel,” the DA argued.
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.
