Deputy District Attorney Debbie Ploghaus gave her final statements inside the West Valley courthouse before jurors were ushered out to decide whether the former Westminster police detective is guilty of kidnapping and raping a local waitress.
Orban, a former Marine, is charged with eight felony counts. He has pleaded not guilty by reason of insanity, according to court records.
"The actual sex acts aren't really in dispute," Ploghaus told the jury during closing arguments.
And defense attorney James Blatt agreed.
"We are not in dispute of the elements in the crime," he said.
Blatt said his client's behavior was the result of a "psychotic break from reality" brought on by Zoloft and other prescription drugs.
Prosecutors allege that Orban kidnapped the Ontario Mills waitress at gunpoint and sexually attacked her for an hour in Fontana.
If Orban is found guilty of the charges, the court will then begin a second phase of the trial with the same jury to determine whether the defendant was insane at the time of the alleged crimes.
If Orban is found not guilty of the charges, the trial will come to an end.
Shortly before jurors began their deliberations Tuesday, one members was dismissed from the trial.
The unidentified man had requested an opportunity to stand up and thank Orban in open court for his military service. He made his request in May and it was brought to the judge's attention Tuesday.
Judge Shahla Sabet talked privately with the juror and both attorneys.
Blatt said he believed the juror could remain impartial and unbiased while Ploghaus asked that the man be removed from the panel.
After taking five minutes to think it over, Sabet decided to dismiss the juror.
While he had not done anything improper or inappropriate throughout the trial, the juror's emotions were too strong to make an unbiased decision, she said. An alternate juror was selected as his replacement.
"To keep a juror who is so blatantly expressive about brotherhood and alliance, he cannot be fair to both sides and be impartial," Sabet said.
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