Our Fountain Valley rape criminal defense attorneys were disappointed to see that two law enforcement officers have been charged with the kidnap and rape of a woman from a mall parking lot. The OC Weekly reported April 7 that Anthony Nicolas Orban, a Westminster police detective, is facing four counts of various types of sexual assault, as well as charges of kidnapping and making criminal threats. Jeffrey Thomas Jelinek, a correctional officer at the Chino Institution for Men, is charged with being an accessory after the fact as well as rape and kidnapping. Jelinek is not accused of the actual rape, but a spokeswoman for the San Bernardino County district attorney's office said he was charged because he helped Orban, the actual alleged rapist. Both defendants are on paid leave from their jobs.
According to the weekly, the woman was approached by two men as she walked to her car. One of them pulled a gun, got into her passenger seat and ordered her to drive away, while the other stayed behind. At the direction of the gunman, the victim drove to a commercial area of Fontana, where the gunman ordered her to park and take off her clothes. He then raped her at gunpoint. After two hours, she managed to get away and call 911 from a local business. The attacker fled, but left the gun behind. Ontario police say that Orban called Jelinek around the same time, asking for a ride home from Fontana. Orban then called his wife to say he had lost his service revolver. The wife called Ontario police to report the gun missing. Fontana police officers investigating the rape traced the gun back to Orban. Ontario police believe this may not be the men's first crime, and asked anyone with information to call them at (909) 395-2908.
We'd like to discuss the rape and accessory charges against Jelinek. Under California's Penal Code, all persons who directly commit a crime or "aid and abet" in it are principals in the crime. Someone who "harbors, conceals or aids" a principal in a crime after it was committed is an accessory to the crime. The distinction between the two is vital because principals can be charged with the crime even when they merely aided and abetted in it. For Jelinek, that means he faces a sentence of 25 years to life on the rape charge and up to 8 years for kidnapping. By contrast, an accessory is usually penalized by up to a year of incarceration, a fine of up to $5,000 or both. If we were Jelinek's Rancho Cucamonga sex crimes defense lawyers,we might focus some effort on showing that he was an accessory more than a principal, which would make him ineligible for the harsher sentences.
Based in Anaheim, Howard Law, P.C. represents people accused of serious crimes throughout the state of California. Sometimes, this includes crimes that are socially or politically unpopular, such as sex crimes and many violent crimes. We believe in the American legal principal of "innocent until proven guilty," even when the public or the media does not. Our Laguna Niguel sex crimes criminal defense attorneys understand that sex-related charges are especially likely to produce this kind of situation, which is why we prefer to get involved in the cases as early as possible. Not only can this help us minimize negative publicity, but it allows us to lay the groundwork for a defense based on scientific and psychological evidence.
Howard Law, P.C. offers free consultations, so you can speak to us about your case without worrying about money or commitments. To set up a meeting, please call us toll-free at 1-800-872-5925 or contact us through our Web site.
