Jurors from outside Allegheny County will hear Rosfeld case
The homicide trial for the former East Pittsburgh police officer accused of killing Antwon Rose II following a traffic stop last year will be heard by a jury chosen outside of Allegheny County.
Defense attorneys for former officer Michael Rosfeld asked to either move the trial elsewhere or bring jurors from elsewhere to Allegheny County for his case, arguing that because of intense pretrial publicity due to the volume and types of stories that ran in the media following the June 19 shooting, it would be impossible to choose a fair and impartial jury here.
Prosecutors objected, but on Monday, Allegheny County Common Pleas Judge Alexander P. Bicket issued an order announcing that jury selection would be held elsewhere. Those jurors will then be brought to Pittsburgh for the trial.
Judge Bicket, in his findings, wrote that “every proceeding in this matter has been heavily covered by the media, both print and electronic, especially by the local media.
“The overwhelming majority of media coverage has, to say the least, been critical of the defendant’s conduct on June 19, 2018,
resulting in the death of Antwon Rose [II].”
Last month Judge Bicket questioned potential jurors in an effort to determine whether there was an impartial jury pool in Allegheny County.
He cited those results in his order and also noted that the case had generated at least 378 online news articles through Nov. 21, according to a defense exhibit.
Judge Bicket wrote that he expects the media coverage of the case to be even more intense as jury selection begins.
He noted, too, that he believes that choosing a jury from outside the county could benefit the prosecution, as well.
“While it is the defendant requesting a change of venue/venire in this matter, it is apparent to the court from the review of the media coverage to date that the multitude of protests in the streets of Downtown Pittsburgh and elsewhere in Allegheny County may be a basis for potential juror bias that would and should concern the commonwealth and its case, as well.”
Mr. Rosfeld’s trial is scheduled for late February. Now, however, it will be up to the state Supreme Court to first designate another county for jury selection.
Mr. Rosfeld is accused of killing 17-year-old Antwon, who was unarmed, during a traffic stop in East Pittsburgh that followed a driveby shooting earlier that night in North Braddock. The officer pulled over a jitney that matched the description of the vehicle believed to have been involved in that shooting. Antwon and another passenger, identified by police as Zaijuan Hester, got out and ran.
Authorities said Mr. Rosfeld shot Antwon three times, in the face, arm and back, leading to large protests throughout the Pittsburgh area. Police detained Hester, 18, of Swissvale, and a grand jury indicted him in connection with the drive-by shooting.
Mr. Rosfeld’s attorney, Patrick Thomassey, said in a June interview with the Pittsburgh Post-Gazette that his client “thinks he sees a gun in [Antwon’s] hand. He thinks he sees the guy’s arm come up, and acted as a police officer would.”
Last month, Mr. Thomassey said during a hearing that there was no way for his client to get a fair trial in Allegheny County because of the media coverage of the shooting and the protests that followed.
“It is so clear that the coverage here has been prejudicial to the defendant, and it is impossible to pick a jury in this county,” Mr. Thomassey said. “People will be afraid that protesters will come to their homes during or after” the trial.