Judge expresses concern over slow pace of Tyler Skaggs trial

SANTA ANA, Calif. — The judge in the wrongful death civil case brought by the family of Tyler Skaggs against the Los Angeles Angels expressed concern in court over the slow pace of the trial, leaving both sides facing tough decisions over how to move forward.

Orange County Superior Court judge H. Shaina Colover told attorneys for both the Skaggs family and Angels that they were both taking two-and-a-half times longer than expected with each witness and would need to pare down their lists, at the risk of extending the trial into 2026, beyond its initial outermost expected date of Dec. 12.

There are only 14 trial days remaining on the calendar, and dozens more witnesses to hear.

“We are coming down to the line here,” Colover said. “I don’t know mathematically how we are going to get all these witnesses in.”

A lengthy discussion occurred after witness testimony concluded on Wednesday — extending beyond the end of the trial day and until a minute before the courtroom building was set to close. Proceedings in the trial began on Sept. 22, but the process has moved slowly ever since — with jury selection taking five full days, and witness testimony routinely running long.

Angels attorney Todd Theodora repeatedly requested that the judge impose a date restriction on when the Skaggs family has to finish presenting their case — one that would give his side ample time to argue their case.

Skaggs attorney Daniel Dutko countered by noting that the Angels had been employing delay tactics with their questioning and focusing on areas unrelated to the case.

“We are getting concisely to the issues,” Dutko said. “Mr. Theodora has literally spent four hours talking about voluntary self-referral when every witness says Eric Kay did not voluntarily self-refer.”

The discussion began when Skaggs attorney Rusty Hardin expressed displeasure with numerous Angels-represented witnesses having scheduling conflicts — particularly Angels president John Carpino, who has had to be pushed multiple times.

Angels lawyers initially told the judge that Carpino would be unable to testify on Nov. 12, as he was flying to New York for the “MLB presidents meetings” on Nov. 13-14; no such meetings are taking place on those days. Theodora acknowledged the mistake in court on Wednesday, saying it was a mix-up, and that Carpino has a family wedding to attend, but would be available on the 12th, and even the 14th, if needed. He would be attending the MLB owner’s meetings the next week.

Discussions over Carpino, as well as an unsuccessful motion by the Angels to waive Eric Kay’s doctor-patient confidentiality, used up multiple hours of potential trial time in recent days.

The Angels side said it plans to call 30 witnesses, including 10 expert witnesses in their case, which the judge said would need to be pared down. Expert witnesses can tend to extend longer than other witnesses.

Many of the witnesses that the Skaggs family has called, and will call, are also witnesses central to the Angels’ case, both sides acknowledged. However, the Skaggs side still has numerous potential witnesses planned, making it difficult for the Angels to have any time to put on their own case.

“All we are for, your honor, is a deadline so that we can be sure to have enough time to put on the defense case,” Theodora said. “They are going to have to make choices.”

The jury in this case is “time-qualified,” according to the judge, meaning they cannot be required to continue hearing the case beyond Dec. 12. Initially, the judge had hoped to select six alternate jurors, but both sides were only able to agree on four. One of those alternates has already been excused due to a family medical emergency.

“I am going to need to know if I am going to have to inquire from the jury if they have more time,” Colover said, noting that even if they did extend the trial, it would require a three- or four-week hiatus, and extend into 2026, which, she said, “I don’t think anybody wants.”

Colover implied she’d be willing to restrict Skaggs family witnesses, based on evidence code 352, which lets the court determine if the probative value of a witness outweighs the potential prejudice of their testimony. In this scenario, the prejudice would be timing.

The judge’s comment was made as she was inquiring about Friday’s witnesses, which include another clubhouse attendant, the third the Skaggs family has called. Hardin said their witnesses may have similar titles, but are providing different testimony.

Skaggs lawyers still need to call Carpino, HR director Deborah Johnston, a host of former players, law enforcement detectives, several experts, and the Skaggs family, among others.

The judge said she was reluctant to put a mandatory end date on the Skaggs’ case, given that “98 percent” of the Skaggs witnesses are also Angels witnesses, Colover said, while noting it would not be the same when the Angels put on their case.

Colover said she wants to see expert witnesses begin by Nov. 17. And before the court takes the entire week of Thanksgiving off, she said she will determine whether she needs to ask the jury for more time.

“We’ve all got to be pushing toward that,” Colover said. “We need to make some tough choices. Make some tough decisions and triage this.”