Recovery of old evidence delays DeSimone trial

The recovery of old evidence has delayed the trial of a former Arizona lawmaker.

Mark Anthony DeSimone
Mark Anthony DeSimone (Photo by Matt Miller/KTOO)

Jury selection was scheduled to begin Monday in the case of Mark Anthony DeSimone, 55, who is accused in the shooting death of a jeweler in Excursion Inlet.

The prosecution recovered old evidence and the defense has not been seen it yet.

DeSimone allegedly shot Duilio Antonio “Tony” Rosales, 34, twice in the back of the head in May 2016.

DeSimone faces two counts of second-degree murder, and one count each of criminally negligent homicide, manslaughter and first-degree murder.

The Juneau Superior Court trial could last as long as three weeks.

While the prosecution was preparing for trial, it discovered a second interview between investigators and a key witness in the case.

The prosecution agreed to an additional hearing Tuesday morning out of fairness to DeSimone’s defense to determine whether the information is important for use during trial or if it should be suppressed.

Whether the issue will cause a significant delay in the trial is unclear.

DeSimone served in the Arizona House of Representatives until he was forced to resign.

He was arrested in June 2008 for assaulting his wife while his young daughter watched.

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