David Baskett’s defense attorney has asked a Santa Maria Superior Court  judge to declare a mistrial after receiving new evidence on the eve of trial for a criminal charge related to a crash that killed a woman while Baskett drove a heavy-duty forklift two years ago. 

Judge Karen O’Neil told the attorneys she would consider the request Monday afternoon, allowing time for Deputy District Attorney Ryan Clausen to submit his written response to attorney Adrienne Harbottle’s motion.

Baskett, 82, of Orcutt has pleaded not guilty to the single misdemeanor vehicular manslaughter charge stemming from the collision that killed Tiffany Ann Peterson, 39, of Orcutt on the afternoon of May 2, 2024.

Peterson was a passenger in a small truck driven by her father on Skyway Drive when it struck the tines of the rented telehandler, or telescoping forklift, driven by Baskett, who was stopped on Hangar Street near the Santa Maria Public Airport.

On Friday, the defense attorney filed a motion demanding a mistrial “based on late-eve-of-trial forklift reconstruction disclosure.” 

“It’s a completely new accident report,” Harbottle told the judge.

That includes new measurements, photographs and video of a forklift positioned in the  same location as seen in video from a bus plus a new supplemental report from the police investigation.

In the motion, Harbottle told the judge all aspects  of the defense case “are all materially impaired,” violating her client’s due-process rights 

“The timing suggests a trial by ambush, leaving the defense without meaningful opportunity to respond,” Harbottle said.

The judge noted prosecutors have a right to continue investigating cases after the filing of charges while defendants have a right to effective counsel.

If the judge didn’t declare a mistrial, Harbottle suggested other options such as excluding the forklift reconstruction evidence, granting a continuance for the defense to review the new evidence and consult experts, or prohibiting prosecution from mentioning the reconstruction during the opening statement.

Other suggestions included providing the jury with an admonishment about the late disclosure or imposing other sanctions deemed necessary to protect her client’s right to a fair trial.

Harbottle asked the judge to inform jurors that the prosecution’s actions had prompted the delay, but O’Neil declined. 

“At this point I’m not going to tell the jury why there is a delay,” she said, noting the original schedule called for jury selection to continue into Friday before they picked the panel quicker.

Instead, the judge said she would tell jurors that due to other issues Friday’s session would end early. 

“I told them it would be a short day,” O’Neil said. “It’s going to be a very short day.”

After reading some jury instructions to the panel, O’Neil dismissed them with instructions to return Thursday morning, only revealing she had some preliminary matters to resolve before then. 

The attorneys will return at 2:30 p.m. Monday for the judge’s ruling on the motion.

Baskett served on the Santa Maria Public Airport District board when the fatal crash occurred, but lost his re-election bid on Nov. 5, 2024.

He continues to serve on the Santa Maria Joint Union High School District Board of Education.