Case against cop who drugged and raped a family member may be thrown out because of a stupid fucking juror.

The sexual battery conviction of a Davie police officer accused of drugging and raping a family member may be thrown out.

Defense attorney John Fry says the jury apparently failed to follow the court's instructions to only consider evidence presented at trial by downloading information about "rape trauma syndrome" from the Internet and bringing it to the jury room during deliberations.

Fry said that after the verdict was read Thursday, a courtroom clerk checked the jury room and found printouts about rape trauma syndrome and sexual assault downloaded from the website Wikipedia. The printouts were not part of the evidence presented at trial, Fry noted.

The clerk immediately informed the judge, who then informed the defense attorney and prosecutors, Fry said.

Broward Circuit Judge Stanton Kaplan, who presided over the three-week trial, could not be reached immediately for comment.

Ron Ishoy, a spokesman for the Broward State Attorney's Office, said he could not confirm whether any Internet printouts were discovered in the jury room by the clerk.

But Fry has requested an emergency hearing for Tuesday to get Officer Stephen Olenchak bonded out of jail, where he has been held in isolation since the verdict was returned, and Ishoy said, "We expect that there will be further discussion at the hearing on Tuesday regarding issues that have been raised since the guilty verdict was rendered." Olenchak, 36, was arrested in March 2009 by Davie police on charges he drugged and raped a family member, then 19, while his wife and 4-year-old son slept next to them in the same bed.

TMCNet