- Elizabeth Larson
- Posted On
Mistrial motions denied, closing arguments to begin Thursday in Braden and Lopez trial
LAKEPORT, Calif. – On Wednesday a judge denied mistrial motions in the trial of two Clearlake Oaks men accused of a June 2011 shooting that killed a child and wounded five others, clearing the way for closing arguments to begin Thursday morning.
After three and a half months of testimony, the trial of Paul William Braden, 22, and Orlando Joseph Lopez, 24, is entering its final phases.
On Wednesday afternoon, visiting Yolo County Judge Doris Shockley turned down defense motions for mistrial, according to District Attorney Don Anderson.
With the motions now addressed, closing arguments will begin on Thursday, Anderson said.
Because Lopez and Braden have separate juries, Lopez's closing arguments will be held first on Thursday, with his jury to expected to get the case on Friday, Anderson said.
Braden's closing arguments are scheduled for Friday, and Anderson said Braden's jury should begin deliberations early next week.
Anderson said Shockley wants the closing arguments to last no more than a day for each of the defendants.
Next Monday marks the one-year anniversary of the shooting for which Braden and Lopez are on trial, which took place on the night of Saturday, June 18, 2011, on Lakeshore Drive in Clearlake.
Shortly before 11 p.m. on that date shotgun fire was aimed into a crowd of friends and family members at the home of Desiree Kirby and her boyfriend, Ross Sparks.
Kirby's young son, 4-year-old Skyler Rapp, was killed, and Kirby herself was wounded and left with permanent, life-changing injuries.
Sparks and his brother, Andrew, also were wounded, as were Joseph Armijo and Ian Griffith.
The shooting claimed the most victims of any shooting incident in Clearlake's history, according to the Clearlake Police Department.
Braden and Lopez each are facing 15 counts – with charges ranging from murder to mayhem, attempted murder and assault with a deadly weapon – and numerous special allegations including use of firearms and great bodily injury.
If convicted of all charges, Braden and Lopez would receive lifelong prison terms.
On Wednesday Shockley denied a motion to dismiss one of the mayhem counts, Anderson said.
Additionally, Shockley, Anderson and the defense attorneys – Stephen Carter on behalf of Lopez and Doug Rhoades on behalf of Braden – worked on jury instructions on Wednesday, Anderson said.
Shockley also denied a defense motion to strike the testimony given late last month by Kevin Ray Stone, 30, a former codefendant in the case, Anderson said.
Last fall – just after the preliminary hearing in which Stone was ordered to stand trial on the same charges with Lopez and Braden – Stone reached an agreement with the District Attorney's Office to plead no contest to lesser charges of conspiracy to commit robbery, accessory to murder and possession of a .22-caliber rifle by a prohibited person. He's facing just over 10 years in prison.
Carter and Rhoades have worked to punch holes in Anderson's case, with Carter emphasizing that the testimony – including that of Stone – did not have Lopez actually shooting a gun at the crowd.
Stone said on the stand in May that he and Lopez had watched as Braden did the shooting, using a shotgun that other witnesses claimed he sawed the handle off of earlier that night.
Rhoades has maintained in his defense of Braden that no one – other than Lopez and Stone – can put Braden at the scene of the crime.
Rhoades also has questioned the testimony of key prosecution witnesses such as Ashli Athas – the former girlfriend of Lopez's younger brother, Leonardo – who claimed she saw Braden at her home that night with the shotgun.
Athas admitted on the stand that initially she had lied to police and told them she hadn't seen Braden because she was afraid for her safety.
The trial has been a long, slow process, made more complicated by each defendant having his own jury.
The proceedings have encountered numerous delays due to issues including complex legal procedures, court furlough days and holidays, and juror absences arising from illness or family matters.
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