Murder trial ends in mistrial after defense attorney arrested on suspicion of being under the influence

A California murder trial ended in a mistrial after the defendant’s attorney was arrested for allegedly being under the influence — then failed to show up for court.

Attorney Christopher Loethen was arrested Sept. 16 at the Stanislaus County courthouse after his condition raised concerns during the murder trial of Kelley Marie Ball, according to the Modesto Bee.

Ball is accused of killing a 12-year-old Modesto girl in a 2020 DUI hit-and-run crash.

Loethen was booked into the Stanislaus County Public Safety Center on suspicion of public intoxication, being under the influence of a controlled substance and possession of a controlled substance. He was released from jail later that night.

But the legal drama was far from over.

When Ball’s trial resumed Thursday, Loethen was nowhere to be found. The court made “extensive efforts” to reach him by phone and email, but he did not appear, the Bee reported.

A second hearing was scheduled for Friday, with Stanislaus County Superior Court Judge Valli Israels leaving messages telling Loethen he needed to appear.

He didn’t.

Israels also addressed Loethen’s behavior before his arrest, saying there had been an apparent change in his demeanor.

“It just seemed like there was an aggressiveness about Mr. Loethen, not just towards the court, but in general,” Israels said.

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With Loethen absent, the judge removed him as Ball’s attorney and appointed another defender, Martin Baker, to take over the case.

Baker told the court he needed more time to prepare before the jury was scheduled to return Tuesday.

Prosecutors objected, but Israels granted the request.

The trial had begun Aug. 25 and was in its seventh day when Israels declared a mistrial without prejudice, meaning prosecutors can try Ball again.

Ball is accused of murder, driving under the influence of a drug causing injury, gross vehicular manslaughter while intoxicated and vandalism.

She also had several prior DUI convictions between 1997 and 2007, according to court documents.

Ball is due back in court Sept. 24 and remains jailed on $2.195 million bail.

Loethen’s arrest has also left his own law office scrambling for answers. A person at the office told the Bee she had not spoken with Loethen and had no information about his arrest.

The California Post reached out to Loethen’s law office for comment.