A newly seated jury heard opening statements Friday in the Mark DeSimone homicide trial underway in Juneau Superior Court.
DeSimone is accused of shooting Duilio Antonio “Tony” Rosales near an Excursion Inlet cabin in May 2016.
Assistant District Attorney Amy Paige said DeSimone and Rosales were part of a hunting party staying at the cabin. The getaway was organized by Bill Young, owner of the former The Jewel Box store in downtown Juneau.
Paige alleged DeSimone took a .41 revolver from someone else’s backpack inside the cabin and then went back outside.
“Chambering a round, firing once to the back of the head,” said Paige as she tried to reconstruct DeSimone’s alleged actions. “Cocking the hammer, firing twice to the back of the head, and killing Tony Rosales.”
Paige said witnesses will testify they later heard DeSimone on two separate occasions admit to killing Rosales.
Rosales’ widow and mother in the front room of the courtroom bent over and wept as Paige recounted the incident.
Public Defender Deborah Macaulay told jurors they won’t bother to dispute many of the prosecution’s allegations about the shooting and DeSimone’s admissions. Macaulay said it’s all true.
“Again, we agree on the who, the what, the when, the where,” Macaulay said. “But, ultimately, what we disagree upon is the how and the why. That’s where the defense follows a different path.”
Instead, Macaulay said they will present unique evidence about how a firearm can be unintentionally discharged.
Since there were no witnesses available for Friday’s half-day session, evidence presentation and witness testimony will begin Monday morning.
A six-man, eight-woman jury was seated for the trial late Thursday afternoon.
One prospective juror was the former coworker of the victim’s widow. She was excused from the jury pool.
