Fresno judge declares mistrial in double homicide case, amid coronavirus concerns
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Concern over coronavirus (COVID-19) has caused a Fresno County judge to declare a mistrial in the death penalty case of a defendant accused of committing a double homicide.
Judge John Vogt issued his ruling Tuesday regarding the trial of Leroy Johnson, after initially denying a motion for a mistrial by prosecutor Bill Lacy.
The District Attorney’s Office was worried jurors would be reluctant to come to court — or would be preoccupied about catching COVID-19, a highly contagious disease that has spread worldwide.
To help reduce exposure to the virus, Fresno County Superior Court officials plan to drastically reduce the number of courtrooms it uses from about 50 to no more than seven.
Lawyers for Johnson and the prosecution were in the final stages of selecting a jury after going through a jury pool of 2,500 people.
But the judge reconsidered declaring a mistrial after defense attorney David Mugridge explained his situation.
Mugridge, 70, is part of a high risk group that health officials say should take extra precautions, including staying at home as much as possible to reduce his potential exposure. Mugridge said he as a permanent lung condition and is a survivor of a seven-way heart bypass.
Two of his doctors also urged him to stay out of the courthouse. They said if he were to get sick, his chances of surviving are lower than for the rest of the population. To protect himself on Tuesday, Mugridge wore a surgical mask and gloves.
A longtime defense attorney, Mugridge has fought many battles in the courtroom, but he doesn’t think he could win against coronavirus.
“I can’t risk my own health,” he said. “If I got it, it would probably kill me.”
The judge asked defendant Johnson if he was OK with starting his trial over in early May with an entirely new pool of jurors. Johnson replied yes.
Mugridge’s co-counsel in the case, Mark King, said what happened next surprised everyone.
“He (Johnson) told the judge, ‘David is more than an attorney to me, he is like a father figure to me and I don’t want anything to happen to him,” King said.
Mugridge has been Johnson’s attorney since 2009 when he, along with five others, were arrested and charged in the deaths of Sandra and Gary De Bartolo. The Kerman couple were slain on the morning of July 22, 2009 in a robbery.
Johnson’s trial has been delayed due to changes several legal challenges and motions by his defense team. If convicted, he faces the death penalty.
This story was originally published March 18, 2020 at 2:54 PM.
