Samantha Yale/Staff Writer | Posted: Wednesday, January 23, 2008 12:00 am
A mistrial has been called for all 13 counts alleged against an attorney formerly based in Santa Ynez accused of defrauding senior citizen clients.
Santa Barbara County Superior Court Judge James Herman reportedly determined Tuesday afternoon that the Santa Maria jury was hopelessly deadlocked in their deliberations of the accusations against Alan Courtney, 53.
The mistrial was called after the jury spent more than five days deliberating the evidence.
Courtney?s trial began last month, and closing arguments were held Jan. 11.
He has been charged by the Santa Barbara County District Attorney?s Office with four felony counts of filing false tax returns, four felony perjury counts, two felony embezzlement counts, two felony elder abuse counts and one felony forgery count.
In addition, he is charged with special allegations in connection with the embezzlement counts that more than ,100,000 was taken.
Senior Deputy District Attorney Jerry Lulejian, the case prosecutor, said the District Attorney?s Office will try the case again with a new jury. The case will not need to be refiled, he said.
A court appearance has been scheduled for Feb. 13 in the case.
Prosecutors have alleged that Courtney stole about ,113,000 from Rex Phillips of Solvang.
Courtney represented Phillips, in his late 70s, and his wife during a home sale, according to court records. The crimes are alleged to have taken place between March 24 and Sept. 28, 2004.
Courtney?s law practice was based in Santa Ynez at the time the crimes allegedly happened, but he has since moved his practice to Creston in northeastern San Luis Obispo County.
The attorney for Courtney, Michael Scott, has argued that his client handled the Phillips? money the way the Phillipses requested.
The defendant is also accused of embezzling about ,205,000 from Frank Cox, in his late 70s, and Betty Moran, in her late 90s, on July 23, 2003. Moran is Courtney?s great-aunt and Cox is his cousin. Both live in Simi Valley.
Scott has alleged that Cox?s daughter, Ineta Kohler, looted her father?s and Moran?s bank accounts.
Scott said following the mistrial announcement that the defense had hoped to get acquittals on all counts.
BIt?s disappointing,C he said.
The jury was split fairly evenly on each count, Scott said, and were not close on any count to reaching a verdict either way.
Scott acknowledged that the case was complicated and involved a lot of civil law, so he said he was not surprised that the jury took numerous days to go through the evidence.
He said he hoped that the prosecution would dismiss the case and allow whatever civil actions would be pursued by the alleged victims in the case to happen.
Lulejian declined to comment on the mistrial decision.
BIt?s still a pending case,C he said.
Samantha Yale can be reached at 739-2159 or syale@santamariatimes.com.