A rape conviction in opposition to a Florida man has been overturned after the prosecutor didn’t disclose that the jury foreperson in his case was the sister of a fellow prosecutor in her workplace.
Kate Spurlock, 39, resigned from the Hillsborough State Legal professional’s Workplace earlier this month after a protection lawyer accused her of misconduct.
Javier DelaTorre, 46, was discovered responsible of sexual battery in September. He was accused of drugging and raping a girl on a spring break journey in 2025.
However that conviction has now been thrown out and DelaTorre will face one other trial in January after Spurlock didn’t disclose her ties to a juror till after the case concluded.
Officers mentioned Spurlock realized that the jury foreperson was the sister of her fellow prosecutor Kelsey Day on the morning DelaTorre’s trial started, when attorneys had been finishing up jury choice.
In textual content messages launched by authorities, Day informed Spurlock initially of the trial: ‘Sorry to bug you on trial morning however I imagine my sister is in your panel so I simply needed to provide the heads up.’
Spurlock then joked in response: ‘Thanks for the heads up. Would she be a very good juror. Haha.’
Regardless of figuring out of the juror’s relationship to her workplace, the prosecutor allowed her to develop into foreperson within the trial and didn’t disclose the ties till after DelaTorre’s conviction.
A rape conviction in opposition to Florida resident Javier DelaTorre, 46, (above) has been overturned after the prosecutor didn’t disclose that the jury foreperson in his case was the sister of a fellow prosecutor in her workplace
Kate Spurlock, 39, resigned from the Hillsborough State Legal professional’s Workplace earlier this month after a protection lawyer accused her of misconduct
Spurlock resigned from the Hillsborough State Legal professional’s Workplace earlier this month, after Circuit Choose Mark Kiser ordered a brand new trial for DelaTorre.
Kiser dominated that the undisclosed ties between the prosecution and the jury raised issues over whether or not DelaTorre acquired a good trial, experiences the Tampa Bay Times.
The choose didn’t rule that Spurlock or the juror dedicated misconduct.
When contacted for remark, Spurlock informed the Day by day Mail she was unable to debate the case or her resignation presently on account of ongoing litigation.
DelaTorre was arrested in April 2025 after a girl, whose id has been anonymized in courtroom information, accused him of drugging and sexually assaulting her.
The girl claimed the assault unfolded in a house they had been staying in throughout spring break, and DelaTorre was taken to trial after he pleaded not responsible.
Spurlock, a veteran prosecutor who beforehand labored in Pinellas and Pasco counties earlier than shifting to Hillsborough’s particular victims unit, was then assigned to the case.
Spurlock resigned after her conviction in opposition to DelaTorre was overturned
DelaTorre was arrested in April 2025 after a girl accused him of drugging and sexually assaulting her. He pleaded not responsible and was convicted in September 2026, however that conviction has now been overturned and he faces one other trial in January
In textual content messages launched by authorities, Spurlock jokingly requested if Day’s sister ‘can be a very good juror’ after listening to she could also be seated in her trial
When DelaTorre’s trial began on September 28, textual content messages launched by officers present Spurlock was warned by Day that Day’s sister was going to be on her jury, as a ‘heads up.’
Spurlock responded with a joke about if Day’s sister ‘can be a very good juror,’ to which Day replied: ‘I hope you guys preserve her truthfully!!!’
‘Idk (I don’t know) your case but when it’s a child case i don’t suppose she may sit by way of that tbh (to be sincere). However in any other case she’d be nice!’ Day mentioned. Day has not been accused of misconduct.
‘Be at liberty to grill her,’ Day added, saying she had ‘a sense protection will strike her, however I believe she’d be good… She’s a rule follower hahaha.’
DelaTorre was discovered responsible two days after the beginning of his trial on September 30, when a six-person jury, together with Day’s sister, convicted him of sexual battery.
Nonetheless, Spurlock didn’t notify the Public Defender’s Workplace of the connection till October 5, experiences the Tampa Bay Times.
The Hillsborough State Legal professional’s workplace mentioned in a press release that separate prosecutors additionally raised issues over the connection with Chief Assistant State Legal professional John Terry, who oversees the workplace’s felony divisions.
The workplace mentioned: ‘It was precisely proper for them to take action, and this motion represents the most effective instance of the excessive degree of integrity we count on from our crew.
‘Finally, Ms. Spurlock was instructed to reveal the data despite the fact that the trial was concluded.’
Spurlock is a veteran prosecutor who beforehand labored in Pinellas and Pasco counties earlier than shifting to Hillsborough’s particular victims unit, and who unsuccessfully ran to be a choose in Pinellas County in 2024
A brand new trial was requested by DelaTorre’s protection on October 8, who accused Spurlock and the juror of misconduct, and additional alleged the juror regularly tried to speak to Spurlock through the trial.
A brand new trial for DelaTorre was granted on November 2, and he’s set to face trial once more in January.
Hillsborough State Legal professional Suzy Lopez mentioned in a press release after Spurlock’s resignation that the prosecutor expressed remorse for her actions.
She described her departure as ‘unlucky,’ however mentioned the prosecutor’s workplace’s ‘professionalism and place of belief within the felony justice system is just not debatable.’
‘Our assistant state attorneys have a fierce perception not simply in public security, but additionally the method by which juries decide the innocence or guilt of defendants,’ the assertion learn.
‘Whereas we’re nonetheless evaluating this matter, definitely any subsequent steps associated to the native professionalism committee or the Florida Bar are being evaluated by everybody concerned together with our crew, protection counsel, and the choose.
‘Whereas Ms. Spurlock could have believed that call was acceptable on the time, our company and the opposite attorneys concerned believed a disclosure throughout jury choice to the defendant of this data was the right and required step.’
