A Modesto woman was in the middle of her trial on a DUI-murder charge when sheriff’s deputies arrested the man defending her, right there at the courthouse, on suspicion of being under the influence himself.
As of Friday, September 18, Judge Valli Israels has declared a mistrial without prejudice. The case will be tried again, with a new lawyer.
Story Snapshot
- Defense attorney Christopher Loethen was arrested at the Stanislaus County courthouse on Wednesday, September 16, during the murder trial of Kelley Marie Ball.
- Deputies booked him on suspicion of possessing a controlled substance, being under the influence of a controlled substance, and public intoxication.
- He did not return to court on Thursday or Friday and did not answer repeated calls and emails.
- The judge removed him as counsel and declared a mistrial after finding no substitute lawyer could be ready in time.
Courtroom Breakdown After The Defense Lawyer’s Arrest
The six-year-old Modesto case had already been in front of a jury for days. Ball is accused of killing someone while driving under the influence, a charge California prosecutors can file as murder when a driver has been warned about the dangers of drunk driving before. Her appointed attorney, Christopher Loethen, was arrested midday Wednesday at the courthouse. Stanislaus County Sheriff’s Sgt. Michael Carranza said he was booked on suspicion of possession of a controlled substance, being under the influence of a controlled substance, and public intoxication.
Loethen was released, but he did not come back. He missed court on Thursday and again on Friday, and did not respond to calls or emails from the court. The defense table sat empty while a jury waited. On Friday, Judge Valli Israels removed him as counsel, found that a replacement could not realistically prepare for a trial already underway, and declared a mistrial without prejudice.
Why Judges Call Mistrials When Counsel Vanishes
Courts treat a missing or impaired defense lawyer as a fairness problem, not a headline. When counsel becomes unavailable mid-trial, the judge asks whether a short delay or a substitute can fix it. When the answer is no, a mistrial protects the defendant’s right to a real defense and spares the jury from a verdict that would be attacked on appeal. A defendant without a lawyer at a critical stage is presumed to be harmed, which is why courts stop and reset rather than push through.
“Without prejudice” means prosecutors can bring the case back. Ball keeps every protection, including the right to counsel and to confront witnesses. The judge’s order decided nothing about guilt or innocence. It preserved the system’s integrity so that the next jury hears the case with both sides fully present.
What Comes Next
Ball will get a new appointed attorney, and the case will be reset for trial. Loethen’s own case, if charges are filed, will move separately through the same courthouse where he was arrested. Public reporting so far includes no statement from him or from Ball’s defense.
The cost of the breakdown is real. Years of work, a seated jury, and the time of witnesses and the victim’s family were spent on a trial that now has to start over. One lawyer’s arrest reset all of it.
Sources:
nypost.com, fresnobee.com, ground.news
