Defense Questions State’s Evidence in Wildwood Cold Case

COURT HOUSE – The lawyer for a Millville man charged with sexual assault in a 32-year-old Wildwood cold case said he is confident he has a good argument to get his client out of jail pre-trial. 
Defense lawyer Eric Shenkus told the Herald after court April 13 that his client, Jerry Rosado, has been cooperating with law enforcement at all points he was contacted, dating back close to a year. Prosecutors say they found new DNA evidence they claim linked him to Susan Negersmith, a tourist who was found raped and killed behind a Wildwood restaurant on Memorial Day weekend in 1990. 
“We’ll see what evidence the prosecutor has. What they’ve offered so far, even in their initial complaint, in my mind, doesn’t add up, even to probable cause,” Shenkus said.
Shenkus, a deputy public defender, would not discuss the specifics of his overall defense strategy for the case, saying it’s “too early,” but he pointed to the fact that if Rosado had consensual sex with Negersmith in the hours before her death it would explain why prosecutors say they found his client’s DNA on her dead body. 
Shenkus said Rosado voluntarily submitted his DNA to prosecutors and cooperated fully with their investigation after being contacted last year. The defense attorney would not say if Rosado has provided a statement to investigators, but noted there was no mention of one in an affidavit of probable cause. He said that four-paragraph document is the only information he has received so far.
He said Rosado would have turned himself in, if asked to do so, but law enforcement did not extend that courtesy and arrested him without prior notice one morning at 6:30 a.m. Prosecutors announced Rosado’s arrest April 8 on second-degree sexual assault charges.
Shenkus said he could not comment on how the case may progress, but said he is preparing for it to go to trial. In that case, a Cape May County jury would be asked to interpret the complex scientific evidence that prosecutors claim ties Rosado to the crime.
Though the potential for a murder charge is still hanging out there, Rosado, 62, would face 5-10 years in state prison if convicted on the second-degree sexual assault charge, said prosecutors. There has been no information released publicly about if he has a criminal history.
Shenkus said he has no concerns with his office’s budget to produce qualified experts to testify for the defense about the DNA evidence. He said he is also fortunate to work in an office with investigators on staff, who could look into different aspects of the case and client, including how Rosado has spent his last 32 years. 
It is unclear how police first connected Rosado to the rape. He has not been charged with murder or any other crime related to homicide. Saverio Carroccia, the prosecutor appearing in Zoom court for the state April 13, said he did not want to make any public comments about the case at this time. Asked specifically about the absence of a murder charge and other aspects of the case, Carroccia repeatedly said he did not wish to comment.
When asked how Rosado became a suspect and why he was asked to submit a DNA sample, Shenkus said “there is a lot I am still waiting to see here.” 
The defense lawyer said he was unaware if Rosado had retained private counsel on the matter while being investigated for the last year. Shenkus said he was assigned the case after charges were filed.  
The Courier-Post reported court records indicate detectives spoke to a man who tried unsuccessfully to help Negersmith back to her hotel room on the fateful night. He reportedly told detectives his opinion was she was too intoxicated to consent to sex.
In a Zoom hearing April 13, Shenkus expressed frustration to Judge Bernard DeLury about the prosecutor’s lack of expediency sharing discovery, pointing out that the state has been compiling the evidence for 32 years. The prosecution has not exceeded the timeline set by law. 
The defense lawyer told the Herald he has not spoken with prosecutors about the case beyond the logistics of obtaining discovery at this point, and that he is not complaining the delay is due to gamesmanship on the part of the prosecutor’s office. 
Shenkus said he has spoken with Rosado, but would not disclose the details of those conversations, citing attorney client privilege.
Shenkus said he believes he will be able to challenge probable cause, a low burden frequently met by prosecutors after charges are filed in a criminal case. He also said Rosado has “a variety of health conditions,” which require extensive medication and nursing care.
Rosado will be back in court April 22, after prosecutors requested the court delay a hearing on their motion to detain him pre-trial. DeLury asked the defense if they would consent to additional time to review extensive discovery and so the matter could be heard in-person. The defense did not object to the court’s request.