Court denies motion for mistrial in Mario Alexander's case, reserves final ruling on two other defense motions

The defense filed three motions. One was for a mistrial, one to exclude testimony regarding alleged veterans records, one to exclude testimony by other witnesses.

Judge Wilson denied the motion for mistrial.

I don't have access to these pleadings. Some of this discussion took place when I wasn't there. The courtroom is closed sometimes, it was open and these are brief statements before the ruling

Whether Mario Alexander will testify is a decision the defense has not made, yet.

The defense wants to exclude testimony of D2 and sister. Judge Wilson said it was admissible under Evidence Code 1108 . Same thing for Isiah McElroy's testimony.

"Based on facts set forth in motion, I would be inclined under 352 to accept hearsay testimony.

"After testimony is received, the veteran's record, whole nature of discharge is relevant."

"We have three different people saying something and we don't have a victim."

Ms. Eads cited People v Harris in response to the defense motion for trial.

Mr. Clanton reason for mistrial was Julianna Alexander referring to Alexander being in jail.

Judge Wilson had already instructed the jury to disregard that and not consider it during deliberations.

"The statement of Ms. Alexander is struck from the record. It can be cured by jury instructions. The prejudice is very minimal. It is analogous to an arrest. I think the Court acted properly."

Mr. Clanton said the jury would speculate the jail reference to other sexual offenses.

Judge Wilson said "the jury can speculate on a number of things.  It was compounded by Sgt. Musson's testimony about arresting the defendant. The jury can speculate the arrest was for this case."

"I can't say I am happy about it, " said Judge Wilson. "The Court has discretion. I do think it was unintentional. " Ms. Eads had no idea about that response. would be given.

"As far as speculation, we can assume the jury will follow the Court's instructions.  It was dealt with quickly."



From Findlaw:

(a) In a criminal action in which the defendant is accused of a sexual offense, evidence of the defendant's commission of another sexual offense or offenses is not made inadmissible by Section 1101 , if the evidence is not inadmissible pursuant to Section 352 .