TRENTON – An Appellate Court has upheld Superior Court Judge Bernard DeLury’s decision to keep Jerry Rosado behind bars.
Rosado has been charged with the sexual assault of Susan Negersmith, who was found dead in Wildwood on Memorial Day weekend in 1990. A DNA test in 2021 revealed a match after Rosado agreed to submit to testing.
An April 22 decision has kept Rosado in jail while the case continues. He appealed that decision.
The June 9 ruling from the Appellate Division of the Superior Court affirms the trial court’s decision, citing “substantial credible evidence that no amount of monetary bail would reasonably assure the defendant’s appearance in court when required and the protection of the safety of any other person or the community.”
The brief filed by Eric Shenkus, Rosado’s attorney, echoes several of the same arguments heard in court in April. Shenkus cites Rosado’s confinement to a wheelchair and the 32 years that have passed between the alleged act and now. The brief also praises Rosado’s legal conduct in the years since; Rosado was last arrested for disorderly conduct 17 years ago and has not been in any legal trouble since, according to the document.
None of these arguments were enough to dissuade the appellate judges, yet Shenkus is still willing to fight his client’s detention.
“I am likely going to appeal that appellate decision to the New Jersey Supreme Court,” said Shenkus.
He has until June 29 to file the motion for the state Supreme Court to review the lower courts’ decisions to keep Rosado in jail. There’s no guarantee they’ll entertain the case, though.
“If they don’t grant the motion, that means there’s no further appellate review,” Shenkus told the Herald.
The Cape May County Prosecutor’s Office, on behalf of the state, has brought the second-degree sexual assault charges against Rosado. They have advocated for him to remain behind bars, arguing he may be a flight risk and that the safety of the community is at stake. They declined to comment for this story.
While Shenkus continues trying to free Rosado ahead of the trial, he also has filed a motion to dismiss the case entirely. A hearing on the motion to dismiss is scheduled to be held in Superior Court July 18.
