Lt. Gov Dan Patrick told the jury Wednesday afternoon that Laura Olson, the woman with whom suspended attorney general Ken Paxton is alleged to have had an extramarital affair, was present but deemed unavailable to testify.

Upon questioning from Sen. Nathan Johnson, D-Dallas, in the chamber, Patrick said that lawyers from both sides have agreed that Olson is "deemed unavailable."

Olson had been called by the prosecution to testify early Wednesday, but Patrick said she was not eligible to testify until after 3 p.m. because she had not been notified a full 24 hours in advance, as trial rules required.

Sen. Angela Paxton, R-McKinney, is married to Paxton. She must be present for the trial but cannot vote on the articles of impeachment.