TUCSON, Ariz. — An apparent lack of communication between prosecutors and a key witness about what she could testify about in the murder trial of Dr. Bradley Schwartz led defense attorneys to call for a mistrial Tuesday.

Judge Nanette Warner told lawyers she would take the issue under advisement and issue a ruling Wednesday.

Prosecution witness Lourdes Lopez, Schwartz's ex-fiancé, testified that she quit her job as a prosecutor because of a drug case federal authorities were preparing against her.

"I knew I was going to be indicted," Lopez told jurors, under direct examination from prosecutor Richard Platt.

Story continues

advertisement

Before Schwartz's trial began three weeks ago, Judge Warner ruled that jurors would not be allowed to hear about how Schwartz was indicted on federal drug charges for illegally writing prescriptions.

Lopez was also named in the indictment because Schwartz allegedly prescribed drugs such as Vicodin and Ritalin in her name and then took them himself.

Her statement was enough for Schwartz's attorney Brick Storts to ask for a mistrial.

Lopez told Storts that prosecutors never told her she could not testify about the federal indictments.

"This is something we have worked diligently to avoid," Storts later told Warner. "Clearly, we are entitled to a mistrial."

Prosecutors did not challenge Lopez's statements, but instead told Warner that she never specifically testified in front of jurors that Schwartz was in any way connected with her indictment.

Schwartz, a 41-year-old children's eye specialist, is accused of hiring Ronald "Bruce" Bigger to kill Dr. Brian Stidham, his former business partner.

Stidham was killed on Oct. 5, 2004, in the parking lot outside of his practice.

Two other prosecution witnesses testified Tuesday that they saw Bigger flashing a wad of cash the size of a "softball" in October 2004.

Prosecutors allege that Schwartz paid Bigger at least $10,000 to kill Stidham.

Robert Wetzel, another witness, told jurors about a road trip he took with Bigger to Las Vegas around the same time. Bigger paid for everything on the five-day trip, hotels, money for gambling, drugs, and even a nice pair of shoes.

"The money flowed like wine," he said.

Barring a mistrial, Lopez is expected to resume her testimony Wednesday afternoon and jurors are scheduled to visit the crime scene that evening.

Court TV Extra is streaming the trial live on the Web.