by Angela Mosconi
Two cybersex-case jurors who sent Oliver Jovanovic to prison said their verdict "absolutely" would have been different if they had seen the kinky e-mails he got from his alleged victim.
"The e-mails were critical in making a decision on whether or not the defendant was guilty," said Rosemary Cato, a Manhattan high-school teacher. "I'm upset they weren't shown to us. We absolutely would have had a different decision."
Cato and jury forewoman Noelia Vidal were two initial holdouts during deliberations in the 1998 trial. They told The Post they had an "instinct" the woman wasn't telling the truth. But they relied on evidence presented at trial and instructions given by the judge when they voted him guilty.
Both jurors were angry they weren't shown the e-mails. "Had we known about these e-mails that reveal she was pushing to have a sadomasochistic relationship with Jovanovic, it would have been easier to convince other jurors that the prosection had no case and that he was not guilty," Cato said.
She admitted she felt guilty for not trying harder to persuade other jurors about her gut feeling back then.
Cato said the new e-mails show "it was consensual sex, so how could there be guilt on Jovanovic's part?
"I had a gut feeling she wasn't innocent, but had I seen the e-mails I would have had evidence that she wasn't."
Vidal agreed the e-mails would have influenced her decision.
"I wish this would have come out at trial," Vidal said. "If she really is the way the e-mails reflect, then of course he deserves a second trial," said Vidal, a Manhattan funeral director.
"Rosemary and I had our doubts about her, but the e-mails would have made a difference" in a decision.
"I don't think this will hurt his future," she added. "He's a young, intelligent, bright man."
Cato said she thinks the Barnard College woman retaliated against Jovanovic because he refused to have sex with her.
"I'm relieved this new information came out and that he won an appeal," Cato said.
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