Mark DeSimone is accused of shooting Tony Rosales in Excursion Inlet in May 2016.
Follow along today as KTOO Reporter Matt Miller live tweets from the proceedings in Juneau Superior Court.
Sentencing set for Sept. 12
— Matt Miller (@KTOOMatt) May 11, 2018
Jury excused by judge with many thanks for their service
— Matt Miller (@KTOOMatt) May 11, 2018
Rosales family weeping in front row of gallery. Judge polling jury
— Matt Miller (@KTOOMatt) May 11, 2018
Guilty on murder in first degree
— Matt Miller (@KTOOMatt) May 11, 2018
Guilty on murder in first degree
— Matt Miller (@KTOOMatt) May 11, 2018
Guilty on murder in first degree
— Matt Miller (@KTOOMatt) May 11, 2018
#DeSimone has arrived
— Matt Miller (@KTOOMatt) May 11, 2018
Waiting for Judge and Mark #DeSimone to arrive
— Matt Miller (@KTOOMatt) May 11, 2018
Waiting for Judge and Mark #DeSimone to arrive
— Matt Miller (@KTOOMatt) May 11, 2018
I’ve just been notified that the jury has reached a verdict
— Matt Miller (@KTOOMatt) May 11, 2018
Yesterday while on jury watch in the Mark #DeSimone trial, I rescued a cool looking cup that was abandoned in 2nd floor lobby #Juneau courthouse. But now I’m having 2nd thoughts. If you’re missing your cool cup, DM me to ID so I can get it back to you.(No hints pls @akmccarthy)
— Matt Miller (@KTOOMatt) May 11, 2018
Back on jury watch in Mark #DeSimone homicide trial. 4 men & 8 women came in a little early today for deliberations, abt 45 minutes ago. #Juneau
— Matt Miller (@KTOOMatt) May 11, 2018
Back on jury watch in Mark #DeSimone homicide trial. 4 men & 8 women came in a little early today for deliberations, abt 45 minutes ago. #Juneau
— Matt Miller (@KTOOMatt) May 11, 2018
Jury just went home for the day.
— Matt Miller (@KTOOMatt) May 11, 2018
Judge is leaning toward telling jurors to use their common sense or common meanings since are identified issues with various definitions
— Matt Miller (@KTOOMatt) May 10, 2018
Jury wants to know: “Can you provide a more definitive definition of: 1) conduct, and 2) substantially certain?” Judge says the jury appears to working their way down to the 2 charges of murder in the second degree.
— Matt Miller (@KTOOMatt) May 10, 2018
Jury wants to know: “Can you provide a more definitive definition of: 1) conduct, and 2) substantially certain?” Judge says the jury appears to working their way down to the 2 charges of murder in the second degree.
— Matt Miller (@KTOOMatt) May 10, 2018
? from jury abt the law. Fairly routine in jury trials. Prosecutor says it was abt definition of intent and how long it must take to manifest.
— Matt Miller (@KTOOMatt) May 10, 2018
Lunch is here! Exclusive trial pic of Bullwinkle’s pizza, sandwiches, popcorn, and Cokes for the jury. pic.twitter.com/gyiF5FXm35
— Matt Miller (@KTOOMatt) May 10, 2018
I don’t think the 30 minutes or less guarantee applies to lunch for 4 men and 8 women holed up in a tiny room on the second floor of one of the tallest buildings smack dab in dt #Juneau
— Matt Miller (@KTOOMatt) May 10, 2018
Attys looked over verdict form, leaving now. Evidence going back to jury room.
— Matt Miller (@KTOOMatt) May 10, 2018
It’s always unknown how long a jury will deliberate in such a serious and complicated case. I’ve covered previous homicide trials in which the jury only deliberated for a few hours. Others cases: over 6 days.
— Matt Miller (@KTOOMatt) May 10, 2018
Jury out. Judge says he would not be shocked if jury wants to dry fire revolver as part of their deliberations. It’ll have to be done in courtroom w/judge and clerk present.
— Matt Miller (@KTOOMatt) May 10, 2018
2 male jurors just excused alternates
— Matt Miller (@KTOOMatt) May 10, 2018
Closing done. Last instructions to jury.
— Matt Miller (@KTOOMatt) May 10, 2018
Closing done. Last instructions to jury.
— Matt Miller (@KTOOMatt) May 10, 2018
Prosecutor says everything #DeSimone did was his choice
— Matt Miller (@KTOOMatt) May 10, 2018
‘They want to argue that this gun was just looking for an accident. No.’
— Matt Miller (@KTOOMatt) May 10, 2018
Enuf time to cock-fire-cock-reaim-fire again.
— Matt Miller (@KTOOMatt) May 10, 2018
Prosecutor back with rebuttal. ‘Boom-boom’ is not what happened. Witness walked 3 to 4 steps between shots.
— Matt Miller (@KTOOMatt) May 10, 2018
Def. atty just suggested that gun unintentionally went off, twice, as #DeSimone was checking cylinder of revolver before target practice on nearby tree
— Matt Miller (@KTOOMatt) May 10, 2018
Startle response while slipping the revolver’s hammer is what happened, she says.
— Matt Miller (@KTOOMatt) May 10, 2018
#DeSimone had no reason at all to shoot Tony Rosales twice in the back of the head
— Matt Miller (@KTOOMatt) May 10, 2018
She disputes witness’ delayed recall of alleged #DeSimone statement “I was just f—ing around with the gun”. No record that contacted investigators abt recalled memory.
— Matt Miller (@KTOOMatt) May 10, 2018
She asks for guilty verdict on Murder 1
— Matt Miller (@KTOOMatt) May 10, 2018
Jury told to disregard that last slip up by prosecutor
— Matt Miller (@KTOOMatt) May 10, 2018
Uh, oh. Objection from def. abt #DeSimone supposedly having no explanations abt shooting. IIRC, that is verboten territory, infringing on his right to silence b4 Troopers arrived on silence
— Matt Miller (@KTOOMatt) May 10, 2018
*arrived on scene
— Matt Miller (@KTOOMatt) May 10, 2018
Now recapping, thru previous testimony, #DeSimone's alleged state of mind
— Matt Miller (@KTOOMatt) May 10, 2018
Just slammed def. firearms instructor 'sharpshooter' expert as someone that was 'just picked out of the yellow pages'
— Matt Miller (@KTOOMatt) May 10, 2018
Prosecution says def. expert on involuntary discharges based his conclusions on others' research, not his own
— Matt Miller (@KTOOMatt) May 10, 2018
Prosecution says def. expert on involuntary discharges based his conclusions on others' research, not his own
— Matt Miller (@KTOOMatt) May 10, 2018
Prosecution says firing 2 shots back-to-back with a safe revolver that operates normally always requires 'an affirmative action' i.e. aim, cock hammer, pull trigger x2
— Matt Miller (@KTOOMatt) May 10, 2018
'Arguments of counsel (during closing) are not evidence.'
— Matt Miller (@KTOOMatt) May 10, 2018
Motive is not element of the crime charged, but its presence or absence may still be considered by jury
— Matt Miller (@KTOOMatt) May 10, 2018
Timeline
- The first witnesses took the stand Monday in the homicide trial underway in Juneau Superior Court.
- A former firearms instructor explained revolver action on the second day of witness testimony.
- An experienced hunter testified that he didn’t thing anything was wrong with the revolver later used in the fatal shooting of Rosales.
- In the fourth day of testimony DeSimone’s defense asked for a dry fire of a similar revolver in the courtroom with dummy rounds.
- The last witnesses for the prosecution testified on the fifth day, including two troopers and a forensic scientist.
- A witness for the defense, Dr. Todd Grey, demonstrated how the two shots that killed Rosales happened in “very rapid sequence.”
- Witness for the defense testified about involuntary reactions and the revolve’s action.
- The prosecution and defense both had dueling rebuttal witnesses on the stand in the eighth day of testimony.
