COURT HOUSE – A man accused of sexually assaulting a woman 32 years after she was found raped and killed in Wildwood was ordered held pending trial April 22.
Jerry Rosado, 62, was ordered to remain in the Cape May County Correctional Facility after Superior Court Judge Bernard DeLury granted the state’s motion for pretrial detention in the high-profile cold case. Prosecutors have not filed homicide charges against Rosado or anyone else in the matter.
Susan Negersmith, a tourist visiting Wildwood over Memorial Day weekend in 1990, was found raped and killed behind a bar/restaurant after a night of partying that included drinking and smoking marijuana, prosecutors said. Her blood alcohol content was determined to be .285 at the time of her death, the state said.
Saverio Carroccia, the prosecutor, said Negersmith was “drunk, incapacitated to the point she could barely stand,” at the time of the alleged sexual assault.
Law enforcement arrested Rosado April 8 on a second-degree sexual assault charge, after they say his DNA matched semen found on the victim, claiming the match is “as good as it gets,” one in 380 million. Carroccia said if the incident happened now, it would be classified as a first-degree crime.
Defense lawyer Eric Shenkus challenged that the state had even probable cause to make the arrest, since he said the state’s case centered around a specific time period while Negersmith was too intoxicated to consent to sex, and they were unable to prove the defendant was with the victim in that time period.
Carroccia said even if the state’s case may have problems at trial, where the state will have to prove Rosado’s guilt beyond a reasonable doubt, the low burden of probable cause was clearly met.
“Listening to what Mr. Shenkus said, there may be a tendency to look down the road and figure out what may or may not happen down the road,” Carroccia said, reminding the court that was not the issue this hearing was to decide. “The reality is, judge, this man is a predator.”
The defense raised a variety of theories throughout the hearing, including questioning if the state could prove Rosado was in Wildwood on the night in question and claiming Negersmith had sex with four people in 24 hours that night.
“I understand that this has been an unsolved case for 32 years. There has no doubt been a quest for justice by the prosecutor during those 32 years. This brings no justice to charge a man with a specific crime, during a specific time period, and offer no evidence that the crime had to have only occurred during that time period,” Shenkus, a deputy public defender, said.
DeLury asked prosecutors if there were other DNA samples found on Negersmith’s dead body.
“I don’t believe so,” Carroccia said. “Judge, you are not an investigative grand jury. What other individuals may or may not have done is not before Your Honor today,” Carroccia said.
“Mr. Shenkus makes no reference of the .285 blood alcohol level, because that is as damning as the DNA evidence,” he added.
DeLury, the presiding judge for the Atlantic and Cape May vicinages, ruled the state met the probable cause burden and moved onto the state’s motion for detention.
Shenkus argued Rosado posed no threat to the community and would appear in court, citing his physical limitations, limited interaction with the criminal justice system in the 32 years since the alleged incident, and history of appearing in court on time.
The defense lawyer acknowledged Rosado has disorderly persons offenses, known in most states as misdemeanors, on his record; however, the attorney said all but one of those are more than 30 years old, and the other has been on his record 17 years.
He said Rosado always appeared in court to answer those charges, has cooperated with prosecutors in the past year since they contacted him about the Negersmith case and voluntarily submitted a DNA sample. He continued to cooperate after being told his DNA sample was a match and he was now a suspect.
The defense also argued Shenkus cannot get the medical care he needs in the county jail. He recently suffered a massive heart attack and has a brain injury stemming from a car accident, Shenkus said. The lawyer said Rosado is also diabetic, normally uses a cane, and was brought into court in a wheelchair by sheriff’s deputies.
Shenkus said Rosado was staying at a nursing facility outside the county before being arrested. He had worked as a painter but has been on disability for years since the car accident, Shenkus said.
“He can’t run. He’s showing he doesn’t want to run,” Shenkus said. “I anticipate this case will go to trial.”
DeLury ruled the state proved by clear and convincing evidence that no amount of monetary bail or non-monetary conditions would assure the safety of the community and the defendant’s appearance at future hearings.
DeLury cited the seriousness of the allegations, the DNA and blood alcohol evidence, the significant jail sentence a conviction would carry, the defendant’s criminal history and the Public Safety Assessment compiled by pretrial services, which did not recommend release.
Shenkus said after court that he will appeal the decision. He must file an official notice of appeal within seven days of the April 22 hearing.
To contact Shay Roddy, email sroddy@cmcherald.com.
