Ill Juror, Lack of Alternates Prompt Mistrial in Murder Case

REDWOOD CITY, Calif. — A San Mateo County Superior Court judge who refused to select alternate jurors for a high-profile murder case had to declare a mistrial when a juror fell ill.

Prosecutors said they were outraged that they would have to retry Gloria Doheny, charged with killing boyfriend Elvis Felders. There were about 12 days left in the trial by Wednesday, when Judge Clarence Knight called the mistrial.

Doheny is accused of shooting Felders on May 11, 1993, and paying a San Jose man to get rid of the corpse. Felders’ body was found a month after the slaying in the trunk of his car in a San Francisco International Airport parking lot.

Dist. Atty. Jim Fox said his office had urged Knight to select two alternate jurors. But Knight refused, saying it had taken too long to get 12 jurors.

It could have taken another day to pick two alternates, Knight said.

“The resources here are not infinite,” he said. “Enough is enough.”

County Manager John Maltbie estimated that the aborted trial cost county taxpayers about $55,000.

“We are very disappointed because it is a colossal waste of money,” Fox said.

The victim’s daughter, Yvonne Boitano, burst into tears when she heard the news.

Deputy Dist. Atty. Susan Etezadi said she would continue the trial with 11 jurors, but defense attorney J. Tony Serra wanted a full panel.