Richmond Keybond, 20, and Joseph Saimon, 44, are the defendants in the case. They were arrested in 2018 with Christopher Saimon, 40, and the now-deceased Romeo Saimon.
The alleged victim is the former girlfriend of Joseph.
Romeo took his own life last year, and Christopher was found to be incompetent to stand trial because of a mental disability, so both cases were dismissed.
Keybond is represented by attorney Cong Nie, while Joseph is represented by Assistant Public Defenders Jean Pierre Nogues and Emily Thomsen.
The prosecutors are Assistant Attorneys General Coleen St. Clair and Heather Barcinas.
On Monday, Nie said he would file a motion to dismiss the case against his client.
Variety learned that both parties will be negotiating a change of plea agreement prior to the scheduled status conference on Jan. 5.
Asked for comment, Nogues said he thinks that Judge Kim-Tenorio made the right decision in declaring a mistrial.
“Every defendant has a right to a fair trial,” he said.
“We agreed that there was an issue here and the court agreed…and so that’s why she declared a mistrial, so we’ll see how things go from here…. We are reset for January 5, so we’ll take it from there.”
Regarding the motion to dismiss the case against Keybond, Nogues said he was just informed of the motion on Monday morning and needs to look into it to further to determine whether or not the defense for Saimon will also make a similar motion.
Nie and St. Clair declined to comment.
The defense asked the court to declare a mistrial after the alleged victim, in her testimony, said she was scared of what Joseph would do to her because he could become physical with her at times.
The defense pointed out that the alleged victim was previously told not to provide any testimony about domestic violence against her by Joseph.
