Defense hints at motion for mistrial in Sheng Thao corruption trial after witness outburst
OAKLAND, Calif. (KGO) -- Defense attorneys for former Oakland Mayor Sheng Thao indicated they may seek a mistrial in her federal bribery and corruption trial after a courtroom outburst Tuesday from the government's key witness during cross-examination.
Mario Juarez, who was in his fourth day of testimony, drew a rebuke from U.S. District Judge Yvonne Gonzalez Rogers after making unsolicited comments while being questioned about the alleged bribery scheme.
Juarez motioned toward Thao and blurted out, "She's right there, ask her!" The judge criticized what she described as his "gratuitous comments" and reminded the courtroom that "every defendant has a constitutional right not to testify."
During a court recess, Thao's attorney Jeff Tsai told the judge he reserved the right to file a motion for a mistrial, arguing that the judge's admonition in front of jurors was not strong enough.
MORE: Defense attacks credibility of key witness Mario Juarez in trial of former Oakland Mayor Sheng Thao
Former federal corruption prosecutor and legal analyst Wilson Leung said the incident could be significant.
"The 5th amendment right against self-incrimination is sacrosanct and anything that even vaguely hints at a defendant's failure to testify is a big no-no," Leung said.
When proceedings resumed, the judge again addressed Juarez, telling him, "Now I have to clean up your mess," and warning him against any further outbursts.
Juarez has testified that he arranged an agreement in which the Duong family would funnel money to then-Mayor Thao through her romantic partner, Andre Jones.
Juarez described the arrangement as a "$300,000 no-show job" connected to the family's container homes project.
MORE: Corruption trial of former Oakland Mayor Sheng Thao centers on collapse of Evolutionary Homes
However, during cross-examination, Jones' attorney, Shawn Halbert, highlighted text messages and photographs that she argued showed Jones actively participating in the project and attending meetings.
Among the evidence presented were images from a meeting in San Jose involving then-Supervisor Cindy Chavez.
Leung said the defense strategy appears aimed at challenging Juarez's account.
"Of course, it's to try to get some facts on the record so that they can argue in closing that the allegations are totally untrue, that there was an actual job there as manifested by these communications," Leung said.
The defense for Jones also revealed in court that Juarez had sought favors from the government, including help obtaining an expedited visa for his fiancée, who is not a U.S. citizen.
According to testimony in court, that request was unsuccessful. The trial continues in federal court in Oakland.
