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Drug & Device News

By ALM Staff | Law Journal Newsletters |
October 29, 2012

Jury Rejects 'Zoloft Defense,' But Misconduct Alleged

The California judge who oversaw the kidnapping and rape trial of Anthony Orban has called for an inquiry to determine if there was jury misconduct. Orban claimed he committed his crimes while under the influence of Zoloft, which he said made him black out, rendering him not responsible for his actions. Jurors in the case were asked during voir dire whether they had ever taken the antidepressant Zoloft, or whether they had any strong opinions about such drugs. One juror who indicated that she had not taken Zoloft allegedly later told a fellow juror that she had, and that it had not affected her mental competence. The discrepancy came to light when a juror contacted the convicted man's defense firm to report the overheard conversation. If the inquiry ends with a finding of misconduct, a new trial may be ordered.

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