Trials
BREAKING
Judge Orders DelaTorre a New Trial
Circuit Judge Mark Kiser set aside Javier DelaTorre's September sexual-battery verdict in Hillsborough County and ordered another trial in January. The foreperson was the sister of a prosecutor in the same office, and that tie was not disclosed during jury selection.
By Crime Talk Network Staff Writer ·
A verdict that a judge has thrown out is not a conviction. DelaTorre goes into the January trial accused, and the state has to prove the sexual-battery charge again. The problem the judge acted on was a family tie to the prosecutor's office that was not disclosed during jury selection.
Javier DelaTorre, 46, is awaiting a new trial on a sexual-battery charge in Hillsborough County. A six-person jury found him guilty on Sept. 30. Circuit Judge Mark Kiser threw that verdict out on Nov. 2. The next trial is in January.
Jury selection began on Sept. 28. That morning, prosecutor Kelsey Day texted Kate Spurlock, the prosecutor trying the case: "Sorry to bug you on trial morning but I believe my sister is on your panel so I just wanted to give you the heads up." Spurlock replied: "Thanks for the heads up. Would she be a good juror. Haha." Day wrote: "Feel free to grill her." Day's sister was seated and became the foreperson. Spurlock did not notify the Public Defender's Office until Oct. 5.
Kiser ordered the new trial because that relationship was not disclosed. He did not find that Spurlock or the juror committed misconduct. Spurlock resigned from the Hillsborough State Attorney's Office this month. The office said she expressed regret, and that the tie should have been disclosed to the defense during jury selection.
DelaTorre was arrested in April 2025 after a woman accused him of drugging and sexually assaulting her during a spring-break stay. He pleaded not guilty. The September verdict does not stand.
All defendants are presumed innocent until proven guilty in a court of law.
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