California Murder Trial Ends in Mistrial After Defense Attorney Is Arrested Inside Courthouse
A California judge declared a mistrial in the six-year-old murder case of a fatal DUI hit-and-run after the suspect’s attorney was arrested in court for suspicion of being under the influence. Law Office of Christopher Loethen
A six-year-old California murder case took an unexpected turn when the defendant’s own attorney was arrested during the trial — and then failed to return to court, ultimately forcing the judge to declare a mistrial.
Christopher Loethen had been representing Kelley Marie Ball, who is accused of killing a 12-year-old Modesto girl in a 2020 DUI hit-and-run crash. But on Sept. 16, Loethen was taken into custody at the Stanislaus County courthouse after concerns were raised about his condition during proceedings.
He was booked on suspicion of public intoxication, being under the influence of a controlled substance and possession of a controlled substance. Loethen was released from jail later that night.
Attorney Fails to Return to Court
Attorney Christopher Loethen was arrested at the Stanislaus County courthouse on September 16 following concerns about his condition in court during the murder trial of Kelley Marie Ball. Law Office of Christopher Loethen
The disruption did not end with his arrest.
When Ball’s trial resumed Thursday, Loethen was absent. According to the report, the court made extensive attempts to contact him by both phone and email, but he did not appear.
Judge Valli Israels scheduled another hearing for Friday and left messages informing Loethen that he needed to attend.
Again, he did not show up.
Israels also described an apparent change in the attorney’s behavior before his arrest, saying there had seemed to be an unusual “aggressiveness” toward both the court and others.
Judge Removes Loethen From the Case
Attorney Christopher Loethen is taken into custody during a trial. Merced City Limits
With Loethen still missing from court, Israels removed him as Ball’s attorney and appointed Martin Baker as replacement counsel.
That created another problem: Baker had inherited a murder case already well underway and told the judge he needed additional time to prepare before jurors were scheduled to return.
Prosecutors objected to the delay, but the judge granted the request.
The trial had begun Aug. 25 and reached its seventh day before Israels ultimately declared a mistrial without prejudice. That means prosecutors retain the ability to put Ball on trial again.
Defendant Remains Jailed
Kelley Ball, who was arrested following a fatal 2020 DUI hit-and-run crash, is pictured in Modesto, California. MODESTO PD
Ball faces charges including murder, driving under the influence of a drug causing injury, gross vehicular manslaughter while intoxicated and vandalism.
Court documents cited in the report also indicate that Ball had several previous DUI convictions dating from 1997 through 2007.
She remains jailed on $2.195 million bail and is scheduled to return to court on Sept. 24.
Meanwhile, Loethen’s arrest has created uncertainty beyond the courtroom. A person at his law office reportedly said she had not spoken with him and had no information about what had happened.
What was supposed to be the continuation of a long-awaited murder trial instead ended with the defense attorney under arrest, a new lawyer suddenly taking over and the entire proceeding being reset — leaving the six-year-old case facing yet another delay.