COURT HOUSE – 32 years after the state claims he sexually assaulted Susan Negersmith one Memorial Day weekend in Wildwood, Jerry Rosado made his first appearance in court April 13.
Rosado will remain in jail pending the April 22 continuation of his detention hearing.
Prosecutors announced Rosado’s arrest April 8 on second-degree sexual assault charges. Appearing via Zoom wearing an orange jumpsuit and seated in a wheelchair from booth in the Cape May County jail, Rosado spoke only once, when asked his name by court staff.
After a delay of about 30 minutes while members of Negersmith’s family attempted to download Zoom and login to the hearing, Rosado, represented by Deputy Public Defender Eric Shenkus, waived a reading of his first appearance rights by Superior Court Judge Bernard DeLury.
DeLury then moved on to the state’s motion for pre-trial detention.
In New Jersey, defendants are now subject to a new system under bail reform where they are either released on non-monetary conditions, like pre-trial monitoring or house arrest, or are ordered detained, where no amount of money can get them out. This decision is based mainly on their danger to the community and likeliness to appear for court.
DeLury said he understood the state was requesting a three-day adjournment for the detention hearing, which they are entitled to under statute.
Shenkus expressed frustration with the fact he has not yet received any discovery, or evidence, in the case. The state is required to provide discovery at least 24-hours before the detention hearing, but Shenkus said they do not have to choose to wait so long.
“The state has had this case for 32 years,” he told the judge. He said even if he got the evidence piece-meal it would be better than nothing.
Saverio Carroccia, the prosecutor for the state, said the defense would get all of the evidence by noon April 14.
Prosecutors announced Rosado’s arrest April 8 on second-degree sexual assault charges. Negersmith was found dead in an alley behind a restaurant May 27, 1990 and it was later determined she was raped. Using new DNA technology, prosecutors said they created an unknown DNA profile for Negersmith’s assailant and recently found a positive match – Rosado. Prosecutors did not file murder charges and a spokesperson for their office said there was no further information available aside from what was in the release.
DeLury, the Presiding Judge of the Atlantic and Cape May vicinages, asked if the defense would consent to postpone the matter additional time until April 22, due to the volume of discovery and that the judge will be in the county to take a live list that day. DeLury usually hears cases from Mays Landing.
Shenkus agreed to the request for additional time and requested his client be brought to the courtroom in-person that day, as opposed to being streamed in from a jail booth. DeLury asked court staff to make the necessary arrangements with the sherriff to bring the defendant to court and told Rosado he would be returned to his cell.
Cape May – Governor Murphy says he doesn't know anything about the drones and doesn't know what they are doing but he does know that they are not dangerous. Does anyone feel better now?
