Judge gets assurances in Rosfeld trial

Defense in Antwon Rose homicide case plans to call use-of-force expert; DA’s office will not

Jurors in the homicide trial of former East Pittsburgh police officer Michael Rosfeld, charged with killing teenager Antwon Rose II last summer, might hear from a use-of-force expert testifying for the defense — but not one for the prosecution.

In a letter, prosecutors said one expert could not state whether Mr. Rosfeld’s use of force was “reasonable” and other experts declined to participate “for personal or professional reasons.”

Jurors will have to decide whether Mr. Rosfeld was justified in using deadly force against Antwon, who was unarmed when he was shot in the back as he ran from a traffic stop.

On Tuesday, Mr. Rosfeld’s attorney asked a judge to formalize the district attorney’s position by blocking prosecutors from calling a use-of-force expert witness in case they change their minds.

In a Jan. 23 motion, defense attorney Patrick Thomassey said that since prosecutors failed to present an expert report by the Jan. 22 deadline set by Allegheny County Common Pleas Judge Alexander P. Bicket, they should be prohibited from doing so during the trial or in rebuttal.

Assistant District Attorney Jonathan Fodi sent a letter to the court Jan. 22, as well as another to Mr. Thomassey, announcing the prosecution’s intention not to call an expert at trial, which is scheduled to begin March 19.

That position was reiterated during a brief hearing Tuesday before Judge Bicket.

Chief Trial Deputy District Attorney Daniel Fitzsimmons said he will not call an expert.

Judge Bicket then asked why he should not sign Mr. Thomassey’s order.

“I believe the court should only invoke its powers when necessary, and I don’t believe in this case it’s necessary,” Mr. Fitzsimmons said.

Judge Bicket agreed not to sign the order under the prosecution’s assurances that it won’t call an expert. He also ordered that the prosecution be provided a copy of the defense expert report.

Mr. Thomassey has not identified his use-of-force expert, and because there is a gag order in the case, he cannot discuss the issue outside the courtroom.

In his letter to Mr. Thomassey, Mr. Fodi said the DA’s office communicated with one expert, who viewed a video of the shooting recorded by a bystander as well as the police affidavit of probable cause supporting Mr. Rosfeld’s arrest.

Then, the prosecutor wrote, the expert said “he was unable to opine on whether the use of deadly force was reasonable.”

“Other potential experts declined to participate for personal or professional reasons,” Mr. Fodi concluded.

Thomas J. Aveni, executive director of the Police Policy Studies Council, said there probably are two reasons for that.

First, he said, “It’s radioactive. You can become a lightning rod in the community.”

Mr. Aveni said it also is possible that there aren’t many experts qualified to render an opinion in such a case. And based on pressure from the public after the shooting, he continued, race might also be a factor.

Antwon, 17, an African-American, was shot June 19 during a felony traffic stop. Mr. Rosfeld, who is white, had pulled over a car believed to have been involved in a drive-by shooting, then shot Antwon, one of two passengers, as he ran away.

Afterward, there were ongoing protests calling for charges to be filed against Mr. Rosfeld.

“I’m afraid people don’t want to consider opposing viewpoints or opinions contrary to the narrative [because] they are likely to get stampeded,” Mr. Aveni said. “I’m afraid emotions have trumped facts and reason and science.”

But Mr. Aveni also said that prosecutors in such cases often do not call expert witnesses.

Instead, they tell the jury to focus on the facts.

R. Paul McCauley, a criminology professor at Indiana University of Pennsylvania, has testified hundreds of times on use-offorce issues. While he has testified the majority of the time against officers, Mr. McCauley said he testifies for them, as well.

He was not contacted by either side relative to the Rosfeld case.

“A good expert gets used by both sides over the years,” he said. “The key is objectivity. Every expert should [work hard] to establish and maintain their integrity.”