The Mark Anthony DeSimone homicide trial is back on track, only a few days behind schedule. Jury selection is scheduled to begin Wednesday.
A prosecution witness testified during a pre-trial evidentiary hearing Tuesday in Juneau Superior Court about a comment DeSimone allegedly said to him immediately after the May 2016 shooting of Duilio Antonio “Tony” Rosales.
The witness said he later passed on the information to the Alaska State Trooper investigator in charge of the case.
The investigator testified he had no record of that particular conversation with the witness.
Judge Philip Pallenberg didn’t believe it was a discovery violation or there was any misconduct involved with disclosure of the new information.
DeSimone’s defense doesn’t need a continuance or delay to review the witness’ statements, and Pallenberg scheduled the trial’s jury selection to begin Wednesday morning.
DeSimone is accused of shooting Rosales at a hunting cabin in Excursion Inlet. Trial was scheduled to begin Monday until the witness revealed DeSimone’s alleged comment Friday.
Pallenberg asked Lemon Creek Correctional Center staff Tuesday to allow DeSimone to change into clean civilian or street clothes for each day of the trial.
During previous trials, defendants were forced to wear dirty civilian clothes or prison-issued slip-on shoes, which could be prejudicial in the jury’s eyes.
Pallenberg referred to a 1974 Alaska Supreme Court case that specified “every defendant should have the appearance and dignity of an innocent man,” and they should be clean and presentable with an opportunity to shave and shower.
