LAKEPORT — Two county inmates, including the former co-defendant, took the stand Thursday in the toddler-killing trial, which could move to closing arguments next week.
Paul William Braden and Orlando Joseph Lopez Jr., who are charged with murder and 14 other felonies, have been on trial for most of 2012.
Authorities allege the two Clearlake Oaks men fired shotguns at a group of people having a late-night party in Clearlake nearly one year ago, killing Skyler Rapp, 4, and injuring five others. The prosecution contends tensions rose between the defendants and the family of Ross Sparks, the boyfriend of Rapp”s mother.
Braden, 22, and Lopez, 24, pleaded not guilty to the felonies and denied more than 30 special allegations against them in connection with the June 18 shooting.
Both men are standing trial in the same courtroom with different attorneys and separate juries.
Lopez”s lawyer, Stephen Carter, called one witness Thursday morning at the Lake County Courthouse.
Valentin C. Aguilar, a 47-year-old inmate at the Lake County Hill Road Correctional Facility, testified about interactions he had with Lopez and Kevin Stone, the former co-defendant who reached a plea agreement and became a prosecution witness.
Aguilar, wearing orange and white jail stripes, relied on a Spanish-language interpreter. He initially said he shared a cell with Lopez for about a week but later indicated he didn”t remember the exact timeframe.
Sylvia Pascoe, a jail employee, later testified that records showed Aguilar and Lopez were cellmates for more than three months last fall and winter.
Aguilar said he and Lopez never talked about the pending murder case.
Stone, on the other hand, did speak about the incident while in custody, according to Aguilar.
Aguilar testified Stone said “Paul” fired shots over the fence that resulted in people yelling and screaming, but “Nano” — which is Lopez”s nickname — did not have a gun.
According to Aguilar, Stone also talked about firing his weapon into the air and toward the ground without hitting anybody.
That version of events differed significantly from the one described by Stone on the stand last week.
Stone testified he watched Braden fire shots and saw Lopez hold a shotgun without firing it. Stone denied shooting his rifle while at the scene.
Lake County District Attorney Don Anderson called Stone to the stand again on Thursday.
Stone, also donning jail attire, said he spoke “vaguely” about the situation with Aguilar and denied telling his fellow inmate that Lopez did not have a weapon on June 18.
Stone stuck to his story, reiterating that he saw Lopez with a shotgun but was “very certain” Lopez did not fire it.
Both Aguilar and Stone said they first met several years ago while out of custody, but their testimonies differed about the timeframe and circumstances of those previous interactions.
The trial will not be in session today.
Judge Doris L. Shockley ordered the Lopez jury to return on June 14 and the Braden jury to come back on June 15.
Shockley said on Wednesday the plan was to complete final arguments and jury instructions on those days.
Jury selection started in late January and testimony began on Feb. 29. The proceedings faced a slew of delays to date — mainly because of illnesses, court holidays and furloughs, and procedural issues.
Also next week, the judge is expected to rule on several pending motions, including requests for mistrials filed on behalf of both defendants more than a month ago.
Shockley deferred ruling on the mistrial motions on May 2, saying she wanted to hear testimony from two witnesses and conduct a then-pending Miranda hearing.
The defense requests came in the wake of testimony that a Clearlake Police sergeant made before both juries in late April about a statement Lopez allegedly gave while in custody.
