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Florida judge orders new trial after prosecutor omits juror’s family link
A Florida judge overturned Javier DelaTorre’s sexual battery conviction after the prosecutor failed to disclose that the jury foreperson was the sister of a colleague in her office. The judge ordered a new trial, citing concerns about whether DelaTorre received a fair trial; he did not find that the prosecutor or juror had committed misconduct.
Prosecutor Kate Spurlock learned of the relationship on the morning jury selection began, according to messages released by authorities, but did not disclose it until after the verdict. DelaTorre, 46, was convicted in September 2026 in a case involving a woman who accused him of drugging and sexually assaulting her during a 2025 spring break trip. Spurlock later resigned from the Hillsborough State Attorney’s Office, and DelaTorre is due to face another trial in January.
In short
- A judge overturned DelaTorre’s conviction over an undisclosed juror connection.
- The jury foreperson was the sister of a prosecutor’s colleague.
- DelaTorre is due to face a new trial in January.
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Originally published by Daily Mail as “Rape conviction is thrown out by judge after prosecutor failed to reveal that jury foreperson was her co-worker’s sister”.