The jury deliberating the fate of a former Westminster police detective accused of raping a waitress has rejected a controversial “Zoloft defense,” finding the defendant guilty of all seven charges.
The jury of eight women and four men began deliberations late Tuesday and reached the verdict Wednesday morning. It found the defendant, Anthony Nicholas Orban, a Marine veteran of the Iraq War, guilty of two counts of rape, two counts of forced oral copulation, two of sexual penetration with a foreign object, one count of making a criminal threat, and a sentence enhancement of using a firearm in commission of a kidnapping.
Orban faces a sanity hearing before sentencing.
Defense attorney James Blatt had argued that Orban was rendered “unconscious” by use of the antidepressant, and therefore was not responsible for his actions in the brutal 2010 attack in Fontana.
A defense psychiatrist testified that Orban had stopped taking the prescribed antidepressant, then resumed it at full dose, provoking a psychotic break during which he was not fully aware of his actions.
But prosecutors said such a defense was “baloney” that ran counter to medical consensus on the drug’s effects. Orban had been out drinking and seeking sexual encounters before he kidnapped the victim at gunpoint and made her drive to a Fontana storage facility, where he raped her.