LAKEPORT — The parties resolved the mistrial motion made on behalf of a co-defendant in the toddler-killing case by way of a stipulated admonition Thursday.
As a result, Judge Doris L. Shockley will direct a statement to jurors the next day the trial is in session.
The admonition states, “It is always inappropriate for attorneys to address each other in the courtroom during objections and testimony. Please disregard any extraneous comments made by an attorney while objecting to another attorney”s questioning.”
Attorney Stephen Carter, who made the mistrial motion last week on behalf of defendant Orlando Joseph Lopez Jr., read the statement aloud Thursday at the Lake County Courthouse.
Lopez, 24, and Paul William Braden, 22, 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 crowd of people gathered for a late-night barbecue, killing Skyler Rapp, 4, and injuring five others.
Lopez and Braden are standing trial in the same courtroom but have different attorneys and separate juries.
The impetus for the mistrial motion dated back to an incident April 5 during Carter”s cross-examination of witness Amanda Gamble, who reported being present at the shooting.
Lake County District Attorney Don Anderson objected to a question posed by Carter, saying, “Objection, your honor, it”s an artful way of getting around a hearsay objection, it”s still hearsay.”
Carter immediately objected to the DA”s comment and in a subsequent hearing held outside the presence of the juries that morning, asked for a mistrial on behalf of his client, alleging prosecutorial misconduct.
The judge ordered the two attorneys to submit written memos on the matter prior to a formal hearing set for Thursday.
However, Carter announced Thursday afternoon that the issue was disposed of through a stipulated admonition. “I think that satisfies the purpose of the motion,” the defense counsel said in open court.
Shockley indicated she would read the statement to the juries on Wednesday, the next time they”re scheduled to return to court.
Testimony was previously canceled for the week because of an ill juror.
The parties handled other matters without the juries Thursday afternoon.
Shockley conducted a hearing regarding the custodial status of Leonardo Lopez, the defendant”s younger brother and a prosecution witness.
Leonardo Lopez, 20, was arrested and booked into the Lake County Hill Road Correctional Facility on April 2 after a warrant was issued because he failed to appear in court on March 23 as ordered by the judge.
He said Thursday he could not get a ride from Clearlake to the Lakeport courthouse and did not check in with the DA”s office or court staff.
Shockley agreed to release Leonardo Lopez from custody after learning he had a finalized immunity agreement, an arrangement to stay with his mother in Lakeport until the completion of his testimony and a ride to court from a DA investigator.
He is expected to testify next week.
There was also a hearing on the admissibility of potential cellphone evidence in the case, but the matter was not resolved.
The hearing is set to continue on Wednesday at 8:30 a.m. in Department 1. The jurors will return to court an hour and a half later.
No matters are scheduled for today.
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.
