By Matthew Russell Lee, Patreon Maxwell Book
Honduras - CIA Trial Book - NY Mag - VLOG
SDNY COURTHOUSE, August 11 – Richard Rosario spend twenty years in prison for the murder of Jorge Collazo - and then had his conviction vacated and was not re-tried. He sued.
On July 19, 2022 U.S. District Court for the Southern District of New York Judge Lorna G. Schofield held a final pre-trial conference, before the jury trial set to begin on July 25. Inner City Press is covering the case.
Rosario is suing for the violation of his constitutional rights by Irwin Silverman, Gary Whitaker, Richard Martinez and Charles Cruger, who investigated the 1996 murder.
On August 11, the jury awarded Rosario $5 million against Officer Whitaker, jury verdict form on Patreon here.
On August 8-9, the NYC Law Department filed with Judge Schofield a complaint about threats it attributed to Rosario at the courthouse bathroom urinal, while saying they were not audio recorded: "I am one of the attorneys assigned to the defense of the above-referenced matter. I write to inform the Court about an incident that occurred in the men’s restroom this afternoon during the brief five-minute break between the cross examination of Carl “Chip” Loewenson, Jr., and the charge conference. During that five-minute break, the undersigned went to the restroom and upon entering, the plaintiff, who was without a chaperone and using one of the urinals, asked “who just walked in?” Plaintiff then turned his head around to look at who had entered, and, upon seeing the undersigned, exclaimed “oh, you fucking punk.” The undersigned remained silent and did not engage with plaintiff, but plaintiff nevertheless engaged in several minutes of insulting the undersigned, primarily using multiple iterations of the sentiment “fucking punk.” During this monologue, plaintiff also made comments to the effect of “we’ll see if you can really fight,” and “you’re lucky I’m still peeing because I’d throw your ass through that fucking toilet.”1 In fairness to plaintiff, as the undersigned was walking out, the plaintiff claimed that he was “talking to [his] p*nis, not [the undersigned].” Although this incident was the peak of plaintiff’s harassing and threatening behavior towards defendants’ counsel throughout this trial, it was not the first instance of such. During today’s mid-morning break, plaintiff was pacing in the hallway and muttered “I smell a p*ssy” as 1 The undersigned did not audio record this incident, so these quotes represent the best of my recollection." *'s added by Inner City Presss; letter on Patreon here.
On the morning of August 9, before the jury entered, Judge Schofield asked Rosario's lawyers about the letter. They apologized, and said he may not be present during deliberations. Judge Schofield spoke of chaperoning while in the courthouse, then conducted a non-public sidebar with Rosario and one lawyer from each side.
At day's end, Judge Schofield gave each side 10 extra minutes for their upcoming closing arguments; the defense spoke of an exhibit from which they will redact mention of a bench warrant. Notably, Judge Schofield reads her legal charge before the closings, leaving only the verdict form for after.
On July 26, with Inner City Press in the gallery, Rosario's lawyer and the NYC lawyer questioning witness Ms. Ruiz and Inner City Press live tweeted it here and below.
Later on July 26 the City filed a letter that is Dr. Parker should be allowed to testify about Rosario's allegedly "predatory" behavior including Facebook posts and videos regarding Defendant officers, and a 1994 rape charge. The City argues that Rosario's "lack of remorse, in general, is highly relevant as it is a 'hallmark' of an APSD diagnosis." Things are getting nasty. City letter on Patreon here.
On July 29, with Courtroom 110 still locked, things got nastier still. The City wrote to Judge Schofield emphasizing that Rosario's vacatur of conviction had nothing to do with negligence by the police officers, or innocence. They want to tell the jury it was the criminal defense lawyer who didn't investigate the alibis. But don't police and prosecutors, and judges, have duties to do justice? Supposedly it will resume on August 1.
From July 26 in court: Ok - now at Richard Rosario v NYC after he spent 20 years in prison for Bronx murder on 6/19/96 when 13 people swear he was in Florida
Rosario's lawyer, to 1 of 13, Ms Ruiz: Did the NYPD ever reach out to you?
NYPD's counsel: Objection!
Judge Scholfield : Overruled.
Cross. NYC lawyer: Good morning, Ms Ruiz. Did you ever call the police?
Ruiz: No. NYC lawyer: You never testified in the 1998 murder trial? Ruiz: I did not. NYC lawyer: People smoke pot in your building then, right? Ruiz: It was a social thing that people did.
NYC lawyer: Why do you remember Richard Rosario being there? Ruiz: Because of the crime. NYC lawyer: But that's looking back. Did an investigator for Rosario contact you in 2002? Ruiz: Yes.
NYC lawyer: Did Rosario's lawyers pay for your travel, hotel and room service? Ruiz: Yes. NYC lawyer: DId they prepare you for your 2019 deposition? Ruiz: Maybe. NYC lawyer: And you spoke with them last night? Ruiz: Yes.
NYPD lawyer: Isn't it true Rosario had a romantic relationship with Denise Hernandez? Rosario's lawyer: Objection! Ruiz: I don't know. NYPD lawyer: But you know his wife, right?
Seated NYC lawyer is passing Post It notes to colleague who's cross examining Ruiz. Now she shows Ruiz print outs of Rosario's text message to her, that she can't testify unless she talks to the lawyers 1st. And that the trial is "not for peanuts."
On August 1, investigating officer Whitaker was on the witness stand, and was asked among other things where he showed the "mug book" to hotdog vendor Jose Diaz. Inner City Press live tweeted here.
On August 2 with witness Torres testifying (again) about Rosario being in his residence in Florida at the time of the Bronx murder, the cross examination again got into money for testimony, this time zeroing in on his brother with whom Torres says he does get along, here
On August 4, where was action in the courtroom and outside of it. Thread here
Rosanio's lawyers put in a letter arguing to limit the scope of testimony of former ADA Jeanne Petrauskas, under Cameron v. NYC, 598 F.2d 50 (2d Cir. 2010) - the role of the jury must not be invaded, the argument is.
On August 8 as a plaintiff's damages witness Morrison Foerster securities law partner Carl H. Loewenson was on the stand. On direct examination he said he referred his Vanguard financial advisor to the plaintiff, who traveled separate from him to the MoFo partners' retreated in Southern California. He described dark times in 2010, and a celebratory dinner at Sparks Steakhouse post-release, as well as Yankees game at which the plaintiff caught a foul ball. Then came the charging conference.
Vlog here; coverage will continue.
The case is Rosario v. City of New York, et al., 18-cv-4023 (Schofield)
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