With another warm up to the upper 40s a surprising turn of events today in the trial of a man girlfriends daughter. Joe lopez is charged with first degree murder. Prosecutors say he abused 20 monthold ruby alvarez fracturing her skull and breaking her ribs. Today. Alvarezs mother took the stand. were you still in a romantic relationship with mr. Lopez . it was on and off, um, he would force sexual intercourse with me. nissa alvarez mother of deceased toddler well, lets just talk about did you write him a love letter . Nan horvat assistant polk county attorney i did. nissa alvarez mother of deceased toddler 24 yearold nissa alvarez was living with lopez at the time of her daughters death in 2014. After that unexpected testimony. The defense asked the judge to declare a mistrial. 12 39 3959 i have carefully for considered the motion for mistrial based upon the information that mr. Brown indicated was the basis for his motion. I am declaring a mistrial. Council for the parties. Cut it out