Prosecution committed to not calling use-of-force expert in Rosfeld case

Defense attorneys for former East Pittsburgh cop Michael Rosfeld want to make sure prosecutors don’t renege on their pledge not to call a use-of-force expert during next month’s homicide trial.

Daniel Fitzsimmons, chief trial deputy for the Allegheny County District Attorney’s Office, has said repeatedly that he does not intend to call such an expert in rebuttal to the defense’s expert.

He reiterated that during a brief motions hearing Tuesday morning.

“Our position hasn’t changed,” Fitzsimmons said. “I can’t imagine a scenario where that decision would change.”

Rosfeld is charged in the June 2018 killing of 17-year-old Antwon Rose II as he ran from a traffic stop in East Pittsburgh.

Defense attorney Patrick Thomassey, however, said he wants no room for turning back, asking Common Pleas Judge Alexander Bicket to sign an order precluding prosecutors from using a use-of-force expert.

“I want to be clear (prosecutors) are not going to use a use-of-force expert in any capacity in this trial,” Thomassey said.

Fitzsimmons argued against the formalized order, saying he believes the court should invoke its powers only when necessary and, in this instance, it isn’t necessary.

Bicket did not sign the order but did not deny Thomassey’s motion either.

In a letter last month to Bicket and defense counsel, Assistant District Attorney Jonathan Fodi indicated that prosecutors had sent bystander video of the shooting and the criminal complaint against Rosfeld to one expert who said he would not be able to conclude whether Rosfeld’s use of deadly force was reasonable or not.

The letter also said that prosecutors reached out to other experts, all of whom declined to participate due to “personal or professional reasons.”

Rose was a passenger in a car suspected in a drive-by shooting in North Braddock minutes before the deadly shooting in East Pittsburgh. As Rosfeld ordered the driver to the ground, Rose and backseat passenger, Zaijuan Hester, ran from the car. Rosfeld opened fire, authorities said.

Jury selection is scheduled to begin in Dauphin County on March 12. The trial is set to begin in Allegheny County on March 19.

Megan Guza is a Tribune-Review staff writer. You can contact Megan at 412-380-8519, mguza@tribweb.com or via Twitter @meganguzaTrib.