Testimony in the murder trial involving former Hickman pastor Howard "Doug" Porter ended abruptly this afternoon when a prosecutor argued that an accountant hired to analyze financial accounts for the defense had not turned over all of his work as required.

After a lengthy examination by defense attorney Kirk McAllister, Stanislaus County Deputy District Attorney John R. Mayne pointed to a binder accountant Gerald Deller of Modesto brought to the witness stand and noted that it was twice as thick as the paperwork the defense shared with the authorities.

Deller said the additional materials in his binder are notes he took while discussing the case with McAllister, and McAllister argued that the information is "work product" that need not be turned over.

Superior Court Judge Thomas Zeff told Deller to hand the binder over to the prosecutor, so the authorities could have a complete copy of his work before Mayne's cross examination resumes Wednesday.

Both sides have a duty to share information they intend to use at trial and the oversight prompted an early recess for the jury.

It was a bit of déjà vu, because the trial took a one-day hiatus last month when a forensic accountant hired by the district attorney's office came to court with charts that included small adjustments made at the last minute.

As a result, the judge gave McAllister an extra day to prepare for his cross examination. Mayne now gets the same opportunity.

Porter, 57, of La Grange is accused of embezzling $1.1 million from elderly rancher Frank Craig, after Craig enlisted Porter's help to build an agricultural museum.

The authorities contend that Porter staged two truck collisions to cover his tracks. Craig was 83 in 2002, when Porter's Toyota Tundra veered off Lake Road and slammed into a tree. Craig was 85 in 2004, when his GMC Sonoma veered off an embankment and landed in the Ceres Main Canal.

Craig was crippled in the first wreck, never walking without assistance again, and drowned during the second wreck. Porter walked away both times.

Porter has pleaded not guilty to murder, attempted murder, theft or embezzlement from an elder by a caretaker and elder abuse causing death.

The trial began May 12 and is expected to wrap up later this month.

To comment, click on the link with this story at www.modbee.com. Bee staff writer Susan Herendeen can be reached at sherendeen@modbee.com or 578-2338.

Join the discussion

Note: If this is your first time using our NEW commenting system, you will have to LOG OUT and then LOG BACK IN.

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. In order to post comments, you must be a registered user of MiamiHerald.com. Your username will show along with the comments you post. Thank you for taking the time to offer your thoughts.

     Showing: Oldest first Newest first Most-recommended first Least-recommended first

@Nyx.AuthorDisplayName@ wrote on @Nyx.PostedAtTime@:

@Nyx.CommentBody@

@Nyx.Recommender@ @Nyx.AbuseReporter@