| In Trial by
Rosario Imprisoned 20 Years Then Freed his
MoFo Lawyer Says Referred Vanguard
By Matthew
Russell Lee, Patreon Maxwell
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Honduras
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Trial Book - NY
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SDNY COURTHOUSE,
August 8 – Richard Rosario
spend twenty years in prison
for the murder of Jorge
Collazo - and then had his
conviction vacated and was not
re-tried. He sued.
On July 19,
2022 U.S. District Court for
the Southern District of New
York Judge Lorna G. Schofield
held a final pre-trial
conference, before the jury
trial set to begin on July 25.
Inner City Pres is covering
the case.
Rosario is
suing for the violation of his
constitutional rights by Irwin
Silverman, Gary Whitaker,
Richard Martinez and Charles
Cruger, who investigated the
1996 murder.
In a
pre-trial memo, Rosario says
he will testify for four
hours, and Whitaker and
Martinez for four to six hours
each. Three witnesses to the
murder will be called, and
alibi witnesses that Rosario
was in Florida at the time of
the murder.
One possible
witness, Lyamari Leon, is
described as testifying about
an "alternative theory and
motive for the murder of Jorge
Collazo."
The
defense says it will call
former ADA Jeanne Patrauskas,
for an hour. There will be
DD5s and crime scene photos,
and Dateline interview
transcripts.
On July 26, with
Inner City Press in the
gallery, Rosario's lawyer and
the NYC lawyer questioning
witness Ms. Ruiz and Inner
City Press live tweeted it here
and below.
Later on July 26
the City filed a letter that
is Dr. Parker should be
allowed to testify about
Rosario's allegedly
"predatory" behavior including
Facebook posts and videos
regarding Defendant officers,
and a 1994 rape charge. The
City argues that Rosario's
"lack of remorse, in general,
is highly relevant as it is a
'hallmark' of an APSD
diagnosis." Things are getting
nasty. City letter on Patreon
here.
On July 29, with
Courtroom 110 still locked,
things got nastier still. The
City wrote to Judge Schofield
emphasizing that Rosario's
vacatur of conviction had
nothing to do with negligence
by the police officers, or
innocence. They want to tell
the jury it was the criminal
defense lawyer who didn't
investigate the alibis. But
don't police and prosecutors,
and judges, have duties to do
justice? Supposedly it will
resume on August 1.
From July 26 in
court: Ok - now at Richard
Rosario v NYC after he spent
20 years in prison for Bronx
murder on 6/19/96 when 13
people swear he was in Florida
Rosario's lawyer,
to 1 of 13, Ms Ruiz: Did the
NYPD ever reach out to you?
NYPD's counsel:
Objection!
Judge Scholfield
: Overruled.
Cross. NYC
lawyer: Good morning, Ms Ruiz.
Did you ever call the police?
Ruiz: No. NYC
lawyer: You never testified in
the 1998 murder trial? Ruiz: I
did not. NYC lawyer: People
smoke pot in your building
then, right? Ruiz: It was a
social thing that people did.
NYC lawyer:
Why do you remember Richard
Rosario being there? Ruiz:
Because of the crime. NYC
lawyer: But that's looking
back. Did an investigator for
Rosario contact you in 2002?
Ruiz: Yes.
NYC lawyer:
Did Rosario's lawyers pay for
your travel, hotel and room
service? Ruiz: Yes. NYC
lawyer: DId they prepare you
for your 2019 deposition?
Ruiz: Maybe. NYC lawyer: And
you spoke with them last
night? Ruiz: Yes.
NYPD lawyer:
Isn't it true Rosario had a
romantic relationship with
Denise Hernandez? Rosario's
lawyer: Objection! Ruiz: I
don't know. NYPD lawyer: But
you know his wife, right?
Seated NYC lawyer
is passing Post It notes to
colleague who's cross
examining Ruiz. Now she shows
Ruiz print outs of Rosario's
text message to her, that she
can't testify unless she talks
to the lawyers 1st. And that
the trial is "not for
peanuts."
On August 1,
investigating officer Whitaker
was on the witness stand, and
was asked among other things
where he showed the "mug book"
to hotdog vendor Jose Diaz.
Inner City Press live tweeted
here:
in resumed trial
of Rosario v NYC, Police
Officer Whitaker on witness
stand is being asked why part
of the homocide investigation
file was withheld.
Rosario's lawyer:
Does this Polaroid of Richard
Rosario have the same number
as the one shown to Mr Davis
in the mug book? Whitaker:
Yes.
Q: Wasn't
that suggestive? Whitaker:
That's hypothetical.
Q: The
photo you showed of Mr Rosario
was from 3 years earlier, when
he was 17, right?
Whitaker: I
didn't do the math. But if you
say so.
[Rosario walks
out of courtroom. Lawyer
follows and asks, You OK? ]
Now on screen,
DD-5 after interview of the
hotdog seller, Jose Diaz.
Q: The
shooter and his accomplice
bought coffee from him, right?
Whitaker: That's
what we heard.
On August 2 with
witness Torres testifying
(again) about Rosario being in
his residence in Florida at
the time of the Bronx murder,
the cross examination again
got into money for testimony,
this time zeroing in on his
brother with whom Torres says
he does get along, here
in resumed trial
of Rosario v NYC, Torres on
witness stand is being asked
by City why his brother said
he should get paid for his
testimony.
City: In 2016 you
said Richard Rosario slept in
a car on June 19 [1996],
right? Torres: I was trying to
piece it together.
City's lawyer:
You said you worked at a toll
booth. But your wife said you
were unemployed.
Torres: I had a
lot of odd jobs.
He'd said
he said he was working at the
toll both to not seem like a
loser.
On August 3, the
second / "sweeper" witness of
the murder was on the stand;
Inner City Press live tweeted
here
now in Rosario v
NYC, then-sweeper shooting
witness on stand, says
repeatedly, I don't remember.
Except he heard, You won't do
it again.
Redirect.
Rosario's lawyer:
Mr Davis, the man who
interviewed you in your house,
was he with Rosario's team?
NYC lawyer:
Objection!
Davis: You don't
to hear my answer!
Several jurors
laugh.
Davis: May I say
something? What he filmed in
my house shouldn't even have
been in the show!
On August 4,
where was action in the
courtroom and outside of it.
Thread here:
Ok- now in
Rosario v NYC, former NYPD
detective is being questioned
by Rosario's lawyer about
photo array / line up.
Q: all other 5 in
his line up on July 9 [1996]
were more than 10 years older
than Mr. Rosario, correct?
Ex detective;
Yes. But I don't go by age.
Now Ms Leon - by deposition
transcript.
Earlier on August
4, Judge Schofield excludes
from trial Rosario's social
media "postings about his
damages being comparable to a
Holocaust survivor," ruling
that "any probative value is
outweighed by the potential
for prejudice under Federal
Rule of Evidence 403"
On August 5, the
courtroom was closed, but the
schedule goin g forward was
extended, to 5:30 pm and
beyond: "ORDER: It is hereby
ORDERED that, starting on
August 8, 2022, the trial will
be conducted from 9:30 a.m. to
5:30 p.m., until testimony is
completed. It is further
ORDERED that by August 8,
2022, at 9:00 a.m., the
parties shall email to
Chambers an updated joint
exhibit list. It is further
ORDERED that summations for
each side are limited to one
hour. It is further ORDERED
that the charging conference
will take place on August 8,
2022, at 5:30 p.m.(Signed by
Judge Lorna G. Schofield on
8/5/2022)."
Rosanio's lawyers
put in a letter arguing to
limit the scope of testimony
of former ADA Jeanne
Petrauskas, under Cameron v.
NYC, 598 F.2d 50 (2d Cir.
2010) - the role of the jury
must not be invaded, the
argument is.
On August 8 as a
plaintiff's damages witness
Morrison Foerster securities
law partner Carl H. Loewenson
was on the stand. On direct
examination he said he
referred his Vanguard
financial advisor to the
plaintiff, who traveled
separate from him to the MoFo
partners' retreated in
Southern California. He
described dark times in 2010,
and a celebratory dinner at
Sparks Steakhouse
post-release, as well as
Yankees game at which the
plaintiff caught a foul ball.
Then came the charging
conference.
Vlog here;
coverage will continue.
The case is
Rosario v. City of New York,
et al., 18-cv-4023
(Schofield)
***
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