MODESTO, Calif. — A Stanislaus County murder trial collapsed into a mistrial after the defendant’s attorney was arrested at the courthouse on suspicion of being under the influence, then failed to return for court, the Modesto Bee reported, according to the New York Post.

Attorney Christopher Loethen was arrested September 16, 2026, at the Stanislaus County courthouse during the murder trial of Kelley Marie Ball after his condition raised concerns in court, the Bee reported via the Post. Ball is accused of killing a 12-year-old Modesto girl in a 2020 DUI hit-and-run crash.

Arrest, no-shows, and removal

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, then released the same night, the Post said, citing the Bee.

When Ball’s trial resumed Thursday, Loethen did not appear. The court made “extensive efforts” to reach him by phone and email without success, the Bee reported. Stanislaus County Superior Court Judge Valli Israels scheduled a second hearing for Friday and left messages telling Loethen he needed to appear. He did not.

Israels also addressed Loethen’s demeanor before the arrest. “It just seemed like there was an aggressiveness about Mr. Loethen, not just towards the court, but in general,” the judge said, according to the Bee via the Post.

With Loethen absent, Israels relieved him as Ball’s counsel and appointed attorney Martin Baker. Baker told the court he needed more time to prepare before the jury was due back Tuesday. Prosecutors objected; Israels granted the request and declared a mistrial without prejudice — meaning prosecutors can retry Ball — after about seven days of trial that had begun August 25, the Post reported.

Charges, bail, and what’s next

Ball faces charges including murder, driving under the influence of a drug causing injury, gross vehicular manslaughter while intoxicated, and vandalism. Court documents cited by the Post say she had several prior DUI convictions between 1997 and 2007. She remains jailed on $2.195 million bail and is due back in court September 24.

A person at Loethen’s law office told the Bee she had not spoken with him and had no information about the arrest, the Post reported. Allegations against Loethen are unproven; he has not been convicted of the booking charges described in the reporting.

A murder jury midstream is not supposed to lose its defense lawyer to a courthouse booking. When that happens, the remedy is a mistrial — and another round of cost, delay, and uncertainty for a family that has already waited six years.

Sources