The jury will now determine whether the former officer was sane at the time of the attack.
Anthony Nicholas Orban pleaded not guilty to the counts by reason of insanity. His attorney intended to argue he was not guilty by reason of unconsciousness. Orban says he was under the influence of the antidepressant Zoloft and was unconscious at the time of the attack.
Orban, a former Marine, and Jeff Thomas Jelinek are accused of confronting a woman in the parking lot of the Ontario Mills Mall on April 3, 2010. Orban forced the woman at gunpoint into her car and made her drive away while Jelinek remained behind.
Orban had the victim drive to a commercial complex in Fontana, then forced her to disrobe and raped her. Orban then fled, leaving his service weapon in the woman's car.
The woman escaped and called Fontana Police. An investigation led police back to the mall.
Ontario Police were called by Orban's wife, whom Orban had called to tell her about his missing gun. Officers interviewed Orban and Jelinek at the mall and found their inconsistent statements were suspicious.
Fontana Police determined the weapon left in the woman's car was Orban's, and other information matched up to the two men. They were both arrested and held on $1 million bond each.
Orban, 32, was a five-year veteran of the Westminster Police Dept., where he was a detective in the Investigation Bureau. Jelinek, 32, is a four-year officer with the California Dept. of Corrections and Rehabilitation at the Chino Institute for Men.
Jelinek pleaded no contest to counts of accessory, false imprisonment and assault with a firearm.