LAKEPORT — A county inmate continued his testimony in the toddler-killing trial Thursday about alleged boastful confessions made by one co-defendant — the same accused man whose parents briefly took the stand later in the morning.
Witness Daniel Ray Loyd, wearing a green- and white-striped jail uniform, testified for the second straight day about comments he said Paul William Braden made while the two were in custody last fall.
Braden, 22, is one of two Clearlake Oaks men standing trial for murder and 14 other felonies in connection with a fatal nighttime shooting in Clearlake last June. Both men pleaded not guilty to the counts and denied more than 30 special allegations.
Each defendant has his own attorney and separate jury. Only jurors for Braden heard Loyd”s testimony.
In the afternoon, Judge Doris L. Shockley ruled that the jury for defendant Orlando Joseph Lopez Jr., 24, could consider some of the statements Lopez made to law enforcement.
The prosecution alleges Braden and Lopez drove with a third man – Kevin Ray Stone – to a Clearlake neighborhood where the two defendants then fired shotguns through a fence at a group of people on June 18, killing Skyler Rapp, 4, and injuring five others.
Stone, who was a third co-defendant before reaching a plea agreement last fall, is expected to testify as a prosecution witness.
None of the shooting victims who took the stand could positively identify who pulled the trigger.
Loyd, who is in custody at the Lake County Hill Road Correctional Facility on a murder charge in an unrelated case, reiterated Thursday morning at the Lake County Courthouse that Braden bragged about participating in the fatal shooting.
Under cross-examination by defense counsel Doug Rhoades, Loyd said he expected no favorable treatment in his murder case for sharing information about Braden.
The witness also said he knew Rapp”s biological father because of interactions while they were incarcerated together in the past. The toddler lived with his mother and her boyfriend at the Clearlake home where the shooting occurred.
Braden didn”t react noticeably during the 40 minutes Loyd testified Thursday. The defendant”s mood changed slightly during the 10-plus minutes his parents were in front of jurors.
Braden, sitting at the defense table, exchanged words with his parents when each walked by him after stepping down from the stand.
His mother, Sandra Harden, was clearly heard saying, “I love you too Paul,” as she passed Braden before exiting the courtroom.
Harden, red-eyed, testified for about two minutes as a prosecution witness and said she did not pick up her son the night of June 18.
The defendant was reportedly living with his father at the time.
Richard Braden took the stand next and said he couldn”t remember if he picked up his son that evening. He testified he has short-term memory problems and typically does not drive at night after taking his medications.
The defendant told Clearlake Police Department (CPD) officers his father picked him up from the party he attended in Clearlake the night of June 18, according to audio recordings played during the trial.
The prosecution alleges Braden instead left the party with Lopez and Stone.
Richard Braden also testified he might have told law enforcement his son returned home at around 10:30 or 11 p.m. that night. Police units reportedly responded to the shooting scene at about 10:50 p.m.
The judge excused the Braden jury for the week after testimony ended late Thursday morning.
Lopez and defense counsel Stephen Carter — both of whom were not present earlier in the day — appeared in the courtroom Thursday afternoon for Shockley”s ruling on the defense motion to exclude statements Lopez made to law enforcement.
Shockley ruled the prosecution failed to show that Lopez was correctly advised of his Miranda rights on June 20 after being taken into custody by the CPD.
As a result, evidence of statements Lopez made to police on June 20 cannot be presented to jurors.
Lopez was released and then taken back into custody on June 28.
Shockley ruled the prosecution could present statements Lopez made subsequent to his June 28 arrest by CPD because he was properly advised of his Miranda rights at that time.
The Lopez jury is set to hear that evidence Friday.