RANCHO CUCAMONGA — Attorneys for two law enforcement officers charged in the alleged kidnap and rape of a woman at Ontario Mills are set to argue before a judge Wednesday morning that bail should be lowered for the two men.
Anthony Nicholas Orban, 30, and Jeff Thomas Jelinek, 31, have been jailed in lieu of $2 million bail since they were charged in the alleged rape.
Orban, a Westminster Police Department detective, is accused of kidnapping a 25-year-old waitress at gunpoint in the mall parking lot April 3, then raping her for at least an hour in the parking lot of a Fontana shopping center.
Prosecutors accuse Jelinek, a state corrections officer assigned to the California Institution for Men in Chino, of watching Orban kidnap the woman in daylight, and later picking up the detective after the alleged rape.
In a written motion filed last week, Jelinek’s attorneys ask Judge Michael Libutti to lower Jelinek’s bail to $500,000 or allow Jelinek to go free on his “own recognizance” — meaning he would be released from custody with a promise to appear in court.
At the men’s April 7 arraignment in West Valley Superior Court, Orban’s attorney, James Edward Blatt, asked Libutti to lower Orban’s bail to $1 million.
Deputy District Attorney Deborah A. Ploghaus said this afternoon that she will oppose the request for reduced bail.
The prosecutor called Jelinek’s request to be released on his own recognizance “completely unreasonable” considering how serious the allegations are in the case.
The alleged victim told police that Orban, of Irvine, beat her during the alleged rape, threatened to kill her several times, and put the barrel his service pistol in her mouth.
Orban also allegedly took photos of the assault with his cell phone and sent them to Jelinek, his childhood friend, according to a police report attached to the men’s court file.
In Jelinek’s motion for reduced bail, his attorneys argue that Orban and Jelinek “played vastly different roles” in the alleged crime. Jelinek, the attorneys note, did not threaten the woman or take part in the alleged rape.
In support of their request, the attorneys note Jelinek’s lack of a criminal history, as well as the support he’s received from family, friends and his girlfriend.
If released on bail or his own recognizance, Jelinek, of Ontario, would agree to be fitted with a GPS tracking device and be monitored for alcohol intake, the attorneys said.
Ploghaus, when asked her reaction to claims by Jelinek’s attorneys that his role in the alleged crime was less than Orban’s, said: “To a certain degree they have a point, however I think that doesn’t relieve him … of his part that he did play.”
Jelinek was born in Southern California and has lived in the region his entire life, according to the motion filed by his attorneys.
He graduated from Arroyo High School in El Monte, and after graduating worked for eight years at Sam’s Club in the city, the motion says.
He left his job at Sam’s Club after he was hired as a corrections officer, a job that pays him a yearly salary of just under $57,000, the motion says.
Filed under: Civil Liberties, Prison Industrial Complex | Tagged: Arroyo High School, California Department of Corrections and Rehabilitation, California Institution for Men, Deborah A. Ploghaus, James Edward Blatt, Jeff Thomas Jelinek, Michael Libutti, Nicholas Orban, Westminster Police Department |