Mistrial: Jo Lobato first-degree murder trial halted during defendant's testimony

The judge in the Jo Samuel Lobato first-degree murder trial declared a mistrial Monday over an evidentiary issue while the defendant was on the witness stand.

When reached for comment, defense attorney Cory Chastang declined to get into specifics of what happened in the courtroom. He did say it was over an "evidentiary" matter before he suggested a call to the State Attorney's Office.

Chief Assistant State Attorney Jacob Orr said via email, "The Judge ordered a mistrial during the testimony of the defendant. The Judge will reschedule a new trial date soon."

Defense attorney Robert A. Norgard could not be reached for comment.

Lobato and his brother, Angel Lobato, are accused of luring Danne Frazier, 21, to a remote site for a romantic meet-up, then killing him and dumping his body in a citrus grove near Lake Wales.

If convicted, the State Attorney’s Office has filed paperwork saying it intends to seek the death penalty in the cases against both of the Lobato brothers. Among the aggravating factors in court records was that the brothers were part of a criminal gang.

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Jo Lobato was charged with first-degree murder, robbery with a deadly weapon, conspiracy to commit first-degree murder, accessory after the fact to a capital felony, burglary of an occupied conveyance, grand theft of a motor vehicle, tampering with physical evidence and criminal use of personal identification information, records show.

Jury selection had started on April 1 and the prosecution had called their first witnesses five days later.

The trial of Jo Lobato, 22, started April 5 at the Bartow Courthouse. The prosecution had finished presenting its case against the defendant on Friday and Lobato's attorneys were offering his defense prior to the mistrial being declared by Circuit Judge J. Kevin Abdoney.

A status conference has been set for the case at 8:30 a.m. on Friday.

This article originally appeared on The Ledger: Judge declares mistrial in Jo Lobato first-degree murder trial