Former Orlando officer Roderick Johnson's attorney speaks after acquittal

Published On: Sep 26 2013 03:07:38 PM EDT

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A day after an Orange County jury acquitted former Orlando police officer Roderick Johnson of sexual battery, his attorney says he will be seeking some kind of legal action against prosecutors.

Robert Nesmith held a news conference Thursday afternoon, where he said he's not sure what kind of action will be taken or against whom, but "action will be taken."

Johnson was arrested in December 2012 after a woman came forward, saying he forced her have sex with him, while he was on duty and she was under arrest.

A six-person jury deliberated for less than two hours on Wednesday before finding him not guilty of two counts of sexual battery.

Johnson's attorney patted him on the back as the jury read its verdict. The 20-year OPD veteran could have faced up to 30 years in prison. As Johnson left the courthouse, he said "God Bless You."

At Thursday's news conference, Nesmith took issue with what he called a "key piece of evidence" that was not presented in court: a DNA report taken on the alleged victim in this case soon after he claimed she was forced to have sex.

Nesmith says the report shows DNA from an "unknown male" was found on the woman's clothing, and it did not match Johnson's DNA.

He said prosecutors presumably did not use this in court because of the rape shield law, "and the fact it didn't support their argument."

Asked as to why Nesmith didn't use it in court, he replied, "we didn't have the burden of proof."

Johnson was not at Thursday's news conference. Nesmith says his client wasn't ready.


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