Defense lawyers argue with Court over sentencing rapist cop who committed suicide in jail: "I can't comprehend how you can go ahead and sentence someone who is dead"

The case is not yet closed for the former police detective who killed himself after being convicted of kidnapping and raping a Dave and Buster's waitress.

A sentencing hearing scheduled Friday for Anthony Orban was held over to the summer so his defense attorney could research cases that would support his claim that the death ends the case.
"I can't comprehend how you can go ahead and sentence someone who is dead," Blatt said to Judge Shahla S. Shabet of West Valley Superior Court.

Orban, 33, was convicted in June 2012 of kidnapping a waitress at gunpoint on April 3, 2010, from a parking lot at Ontario Mills and later beating and raping her in Fontana. The defense had blamed the attack on prescription drugs that Orban was taking, including Zoloft.
Orban was a Westminster police detective at the time.

On Oct. 26, Orban was found dead in his jail cell, hours before he was set to be sentenced for the crimes.
Despite his suicide, Shabet said there were legal issues in Orban's case that need to be addressed.
"Our system needs to close this case either through dismissal or sentencing," she said Friday.
Blatt said he would not request a dismissal. Instead, his resolution was to have to conviction stand and take the case off calendar because of the defendant's suicide.
"And that ends the case," Blatt said.
Shabet said Blatt's resolution would not work.

"The only reason he is not here is because he volunteered to take his own life," Shabet said.
"The court does have jurisdiction to complete the sentencing. "
The parties are scheduled to be back in court July 2, where Blatt is expected "to submit points and authorities" for his position.

After the hearing, Blatt said the court has lost the jurisdiction to sentence Orban because he is dead.
"There is no one to sentence, there is no one to order restitution to," he said.
Blatt said the court would be putting on a charade by pretending to sentence someone who is not there.
"This is not in the best interest of the dignity of the court system," Blatt said.
But the victim of the crime, who was at Friday's hearing, said Orban's sentencing means a lot to her.
"I'm a little disappointed that it got postponed again," she said after the hearing. "I really just want it to be over. "