Lawyer for officer asks judge to recuse over TV comments
PITTSBURGH » The attorney for a Pennsylvania officer charged in the shooting death of an unarmed black teenager as he fled a traffic stop Tuesday asked the judge in the case if he would be willing to recuse himself.
Attorney Patrick Thomassey, who represents East Pittsburgh Police Officer Michael Rosfeld, asked Judge Anthony Mariani during a pre-trial hearing to recuse himself because of comments he made on a cable news program about whether the shooting was justified. The comments were made before he was assigned to the case. Thomassey said Mariani used language suggesting that the bystander video of the incident might show the shooting wasn’t justified and saying the officer might have shot 17-yearold Antwon Rose Jr. out of frustration.
Mariani said Tuesday that he was able to be fair and was inclined to stay on the case, but he set a hearing date for Sept. 21 if Thomassey wanted to make a formal motion to have him removed. Thomassey did not immediately return a message from The Associated Press seeking comment Tuesday.
Rosfeld, 30, is charged with criminal homicide in the June shooting death of Rose as he fled a traffic stop. The officer was charged after investigators said his story about whether he saw or believed he saw a gun in Rose’s hand changed during his interview.
Thomassey made the argument Tuesday that Rosfeld was justified in firing his weapon because he believed the teen had a gun.
The car Rose was a passenger in, and which was later determined to be a jitney, was stopped because it matched the description of a vehicle involved in a drive-by shooting that happened a few minutes earlier in a neighboring town to East Pittsburgh. Prosecutors have said Rose was not armed and was not involved in that shooting.
Rose was shot in the back, elbow and jaw as he fled. Witnesses recorded portions of the shooting and posted it to social media.
Thomassey indicated in court Tuesday that he also plans to file a motion to have the jury selection take place in a different county because of the wide amount of publicity the case has received.
The shooting led to days of protests including a late-night march that shut down a portion of a major highway.
A trial date was set for Feb. 26, 2019, which would be faster than the 12 to 18 months an average homicide case takes to reach a jury in Allegheny County.
Court upholds $1.1M against EQT in water contamination case
HARRISBURG, PA. » A Pennsylvania court is upholding a $1.1 million fine against natural gas exploration giant EQT Corp., saying there is substantial evidence that it recklessly violated environmental laws when a wastewater holding pond polluted streams and groundwater in 2012.
Monday’s Commonwealth Court decision faulted EQT’s construction of the pit at a Tioga County well site and its investigation into and response to the contamination, citing evidence the company “dragged its feet.”
The Department of Environmental Protection originally sought a record $4.5 million fine, but the state Supreme Court struck down the agency’s practice of compounding fines for each contaminated water body.
A DEP spokesman tells the Pittsburgh Post-Gazette the agency is pleased with the decision. An EQT spokeswoman says it’s disappointed and will review the opinion to determine its next step.
High school dismisses students early due to flooding
PHILADELPHIA » Officials say a south Philadelphia high school dismissed classes early due to flooding that forced students from classrooms and damaged the school.
Students at Academy of Palumbo, a magnet school of about 1,000 students, were dismissed at 1 p.m. Tuesday due to the problems following heavy rains over the weekend.
The Philadelphia Inquirer reports that water pooled on every floor of the five-story building and prompted workers to collapse the cafeteria ceiling.
District spokesperson Lee Whack says no students or staff members were injured and the ceiling collapse was controlled. Whack says staff members are assessing the damage and cleaning up.
No announcement has been made about whether classes will be held Wednesday.
Man charged in death of burned, dismembered former friend
WEST MIDDLESEX, PA. » Authorities have charged a man in the death of a former friend found burned and dismembered in a shallow grave in western Pennsylvania two years ago.
State police in Mercer County accuse 42-yearold Christopher Shelatree Senior of Sharon of killing 59-year-old Joseph DiFrischia, who disappeared in April 2016.
Authorities allege that Shelatree broke the victim’s ribs, causing internal bleeding, then burned the body and buried the torso in a shallow grave, disposing of the victim’s head and extremities elsewhere.
Shelatree is charged with criminal homicide, aggravated assault, robbery, theft, abuse of a corpse and other counts. Police say another man acknowledged helping bury what he thought was a dog but feared might have been the victim.
Shelatree is behind bars in an unrelated case; court documents don’t list an attorney.