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July 15, 2008
Posted: 09:27 AM ET

TAMPA, Florida–The jury has just heard opening statements in the Tampa case of Florida v Joshua Rosa. Five men and nine women (including alternates) are now listening to the evidence presented by both sides.

Jurors include a college student who reads the Bible and a middle-aged woman who is an avid watcher of CSI.

Rosa, a 21-year-old youth minister, is accused of strangling to death his 13-year-old neighbor, Stephen Tomlinson, in December 2005 when Rosa was just 19.

During jury selection, a potential juror stood up, directing his comments toward the defendant and stated that Rosa is so young…and three years ago he was even younger. “I don’t think I could ever convict Rosa here in an adult court,” the prospective juror said. Prosecutor Jay Pruner said to the juror “thank you for your candor” and then moved on. He was later dismissed from the panel.

The man’s comments include values and opinions that many jurors contemplate in cases involving a young defendant even though they are only supposed to look at the evidence…period.

Another prospective juror, also 21, and the same age as the defendant, introduced himself by saying he was a newlywed and his wife was expecting their first baby late this year. I looked at Rosa and wondered what he was thinking…this truly was a juror of his peers. Prosecutors also struck this juror during final selection.

Rosa was the youth minister for Zion Pentecostal Church here in Tampa. The victim, Stephen Tomlinson was a member of Rosa’s youth group.

Joshua Rosa is facing life in prison. He has pleaded not guilty. The defense claims that Rosa discovered Tomlinson in a local park near where both lived and was trying to resusitate him, and did not harm him.

–Jean Casarez, In Session correspondent

Filed under: Jean Casarez • Trials • Youth minister charged with murder


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degina utt   July 15th, 2008 11:11 am ET

just because a man is a youth minister doesnt mean hes innocent.satan can bring any christian into the flesh before he knows it.

Lisa   July 15th, 2008 11:28 am ET

The defendant was in the park to look for his keys when he found the body. Did he find his keys and if so how close were they to the body. Also the witness said that when they went back to the body the defendant took the gloves out of his pocket. If the gloves were in his pocket how did the blood get on them? if he had them on when he first found the body why did he take time out to take the gloves off, put them in his pocket and then run for help? So many questions

Mary Hart   July 15th, 2008 11:48 am ET

Is Joshua Rosa a youth minister or youth leader? Is he an ordained minister?

Rochelle   July 15th, 2008 12:30 pm ET

Stevens wouldn’t have been at the park alone and what was Joshua doing there. It is obvious that Josuha is guilty. His gloves had blood, there was marks on Stevens neck, those gloves were used to cover up his finger prints.

alyssa goldberg   July 15th, 2008 12:31 pm ET

I personaly think that this case is ridiculous that young man clearly did not kill that little boy! And when this case is over a lot of people owe him a lot of appolgises!

T. Porter   July 15th, 2008 12:32 pm ET

In such a case of circumstantial evidence at best, it’s a wonder that this case has even gone to trial! Have they even investigated the “witnesses” who, by the way, were high at the time? Could it be that they murdered the victim in a drugged haze? What was their exact relationship to the victim? Was Rosa the authorities only suspect? Did they even investigate anyone else?

ed murtha   July 15th, 2008 12:35 pm ET

It seems awful quick for a 21 year old to be a pastor..doesn’t it take years to complete this training.?

judy   July 15th, 2008 12:40 pm ET

ted bundy wasn’t that type of person either.

Elizabeth   July 15th, 2008 1:25 pm ET

I remembering being disturbed on that Friday a.m. after the murder @ Davidsen middle to just leave my child in so much police activity without knowing what was happening. I asked the police at drop off and was told about the murder and investigation into Stephen having any ememies at the school, after school my child told me about stephens front neighbor the youth minister (Rosa). These kids knew about the gloves, nail chippers, Rosa looking for Stephen an hour before, and that Rosa was (is?) a CSI fan. Don’t know if anything is true but it was commented that early. These kids might not have talked to the police but they did talk amongst themselves. I am not convinced one way or the other at this point. This young man could’ve demostrated outrage at the first accusation instead he hid his face. Whether fright or flight, no one has heard a word from him to this point. My heart goes out to the father.

tracey   July 15th, 2008 1:39 pm ET

WHEN THE WITNESS(WHITELEY) AND HIS FRIENDS DROVE TO A NEARBY HOUSE TO CALL FOR HELP, DID THE DEFENDANT GO WITH THEM OR DID HE STAY BEHIND WITH THE BODY OF TOMILSON.

Cathi Lenhart   July 15th, 2008 1:41 pm ET

as i watch and listen i was wondering was the blood splattered on Rosa clotheing .If splatters it wouldtelkl me a lot

Ben   July 15th, 2008 1:44 pm ET

Why was the defendant in the woods alone with the victim. This must be explained in my mind.

Cecelia Frederick   July 15th, 2008 1:44 pm ET

Being involved with the Penecostal Faith my son was molested by the youth minister. What better way to get involved with molesting children than to be involved with the youth as Mr Rosa was. By Steven having been found with his pants down around his ankels and the Keith stating the top was already pulled up and didn’t do anything else to Steven’s body but feel his pulse at the neck. The fire department did not pull up shirt or pull down pants because Keith stated that the picture with his shirt up and pants down were like that when he got there makes me believe that Mr Rosa had his eye on Steven and finally made his advances that night and in the attempt to have sexual relations with Steven it got out of hand by him fightning back got out of hand and Mr Rosa ended up killing Steven before the rape happened because of Steven fighting back..

Pat   July 15th, 2008 1:51 pm ET

If Rosa was so smart as to clip the victim’s fingernails, why didn’t he get his keys from under the body? Why did he then give up the clippers to the police? Based on what I’ve heard so far, I would have reasonable doubt.

Kristen   July 15th, 2008 1:51 pm ET

Rosa needs to stop bouncing his knee up and down and just looking so nervous. It makes me believe he is guilty.

Huntersville, NC

Tanya Aguilar   July 15th, 2008 1:52 pm ET

If being well manicured now equates with being a murderer we’re all in trouble! I hope as much effort has gone into searching for the real murderer in this tragic case as has gone into ruining the reputation of this young man of God.

Tanya - TX

Adam   July 15th, 2008 1:54 pm ET

As i watch this trial on the TV it makes me wonder if it is now worth it to help a person in need. People have said that the nail clippers are evidence enough, but i personally carry a pair of nail clippers with me almost anywhere i go. It is my personal opinion that Mr. Rosa was in the wrong place at the wrong time. Also from what i am hearing in the trial, the police may have contaminated the evidence by allowing Mr. Rosa to remove the gloves and clippers himself.

Debbie   July 15th, 2008 2:01 pm ET

I may be misinformed, but doesn,t the blood coagulate after death.If this boy died after Rosa came back with help , then he would have been bleeding when Rosa first found him.I would really like to know what type of DNA evidence there is because it must be the only thing the prosecution has .So far all I can see is easily explained.Rosa,s answer of no to the question ” does he know who it is ?” maybe there was more than 1 question being asked.The keys dropped when he tried to help Steven and the sister may just never have seen him before.I also agree with the out spoken juror,ROCK ON!!!

Tamara   July 15th, 2008 2:01 pm ET

Rosa claims he lost his keys while jogging, so how did they get under Stephens body? Was he not found near the near the higher part of the grass? So that would mean Rosa was jogging in high tall grass!! Sounds Guilty to me !!!

Stu   July 15th, 2008 2:07 pm ET

With all due respect, the witnesses and their families involved do not look respectable. As a retired Law Enforcement/Corrections Professional, I believe that the other people should definitely be considered suspects. There are many other theories that could be submitted. Too many doubts on this case. I wouldn’t convict unless there was direct evidence and a motive.

is it possible that the men in the car who were smoking pot had been dealing drugs to junior high students and Stephen Tomilson found out and threatened that he would tell police or his family?
If they were scared, they could have killed him to keep him quiet thus setting things in motion.

What would Rosa’s motive be? It sounds like the scene was contaminated by everyone. Why do they think the nail clippers are significant?

Barbara Bair   July 15th, 2008 2:09 pm ET

I believe that Rosa did the killing, left the scene only to discover that his keys were missing. He went back prepared with flashlight & gloves. Before retrieving his keys from under the body, he (Rosa) people nearing him. Fearing that he would be blamed, he ran towards these people calling for help.

Lexie   July 15th, 2008 2:54 pm ET

I honestly do not think that Joshua Rosa could have murdered Tomlinson, if someone obviously is panicing and in rage of finding a friends body couldnt have done it….i say Rosa is Innocent

Keri   July 15th, 2008 3:28 pm ET

I wonder if anyone thought to question the man who Stephen, (a thirteen year old boy) went to negotiate with for his mother as testified to by the half sister. Does anyone else find it strange that Stephen would be meeting some stranger to show his mothers car??? I think they have the wrong guy, and the police should have kept looking….

THERESA MONTGOMERY   July 15th, 2008 4:54 pm ET

Looking at Joshua Rosa, he apears innocent. I see a reasonable doubt already re: the gloves he claims to have at the time were for a rehearsal. But honestly, the gloves and a flashlight running from the scene, that time of night? I think the prosecutions’ theory rises way above the reasonable doubt right now.

Jennifer   July 15th, 2008 7:12 pm ET

Don’t be fooled by Josh’s innocent look. He has come into the courtroom, looked at the Tomlinson family, and laughed. Does that really sound like an innocent person? I think not. He has shown no emotions whatsoever over this case, and he doesn’t act like an innocent person trying to redeem himself.

(stevie,aunt)   July 15th, 2008 10:01 pm ET

During jury slection my family was hounded by some of the church members where he was a youth minister. I was brought to tears many times by their actions. They were laughing and joking around during this time of slecting juriors for this horrible murder of my 13 yr nephew. I was affarid to go back because of under breath comments and chilling stares thru the whole time right up to leaving the court house. The officers were great and ask who it was and told us he would take care of it and was very conforting for our family and did the best he could and I thank him for this. We are all sick from the action of the other side.We are the victims.(STEVEN)
we will never have steven or his wife or children or his achivments because his life was taking way to young.Steven was a wonderful little boy who loved everyone and everyone loved him as much,Allways with that big grin from ear to ear what a wonderful smile to see,even when life was though for any of us one thing ou could allways count on was his cheerful wonderful life. We the family and friends and people whom had the pleasure to know or stevie will keep him alive in our hearts. Love you stevie aunt cookie

maxine solomon   July 17th, 2008 11:12 am ET

when you use nail clippers finger nail clippings often go flying. It would have been difficult to catch all of the pieces in this uncontrolled environment. Were any nail clippings found at scene ?

RJS   July 17th, 2008 3:15 pm ET

Remember friends, like politicians, District Attorneys will say or do anything for a conviction.

RJS

susan sellers   July 18th, 2008 10:07 am ET

I do not believe the state has proven it’s case against Joshua Rosa…
I think more then one person killed Steven Tomlinson….
They should have checked out the other young men that were at the park that night..
It’s very clear to me that their was more then one person who commited this crime.

Dana Huy   July 18th, 2008 10:59 am ET

I have been covering the trial for Joshua Rosa accused of intentionally murdering Stephen Tomlinson. I have not heard the motive of why Joshua Rosa committed the murder. Can someone please identify Rosa’s motive for the crime?

Did I miss something?

Your response is appreciated.

DDH - Kansas

Cheryl Grampa   July 18th, 2008 11:18 am ET

All scenarios point to Joshua as the murderer–
Could it be possible that the victim was killed, Rosa fled, then realized he left his keys (evidence), got gloves, and went back to the scene to retrieve the keys when the flashiights started shining–
This could be how the 21 year old came up with his story about jogging and losing keys.

T. Porter   July 18th, 2008 12:10 pm ET

When I first read about this case, I was convinced that Rosa couldn’t have done this. After doing more research and in doing so realizing I had gotten many details mixed up, I’m really starting to wonder if he really did do this. I’m a Christian myself and don’t want to believe that one of our own could actually do this, but the more evidence I read and watch in this case, the more I’m starting to think he really did do it.
My heart goes out to both the victims family and the family of the accused. I pray that justice is done.

Bree Horowitz   July 18th, 2008 5:28 pm ET

It is too much of a coinsidence with the keys. He is guilty as sin! Religious does not mean rightious!! There were some pent up feelings hidden deep within this youth pastor. I hope Ron and Stephen get their justice!!! Bree from Florida

R. Leach   July 21st, 2008 1:49 pm ET

Our country and justice system is seemingly continue to deteriorate.
Prosecution did NOT prove their case beyond a reasonable doubt.
I pray that perhaps the growth of technology in our future will be able to
clamp this case down one way or the other. The park in which Tomlinson died was occupied by law breaking teens/adults on a regular basis. Rosa ran OUT of the cover of darkness and foliage to ask for help. he could have just as easily used that canopy of cover to
escape from preying eyes.. and have left his flashlight OFF..
DNA ( partial) profile.. couldnt’ rule him out but couldn’t rule him IN either. 1 out of every 12 hispanics having that profile and 1 out of every 5 African Americans. Freedom and justice are precious.. and this case has been fueled by emotion; while understandable does obstruct the ideal outcome of justice and impartial judgements being made. The neighbors were ready to hang Rosa minutes after this
crime was discovered.. the trial lasted a week, deliberations 5 hours over a two day time span. I pray the jurors can sleep at night.. for if I myself had been a juror I couldn’t convict this young man based on what was presented during trial. I was shocked that the outcome wasn’t a hung jury. IN closing this comment I will add.. that I saw Tomlinson’s father on TV in a brief interview after the verdict.
This man has prayed to god for “justice”.. understandably, but the CORRECT criminal and rightful justice is of the utmost importance.
This young man ( Rosa ) seemed intimidated by the courtroom, nervous.. uncomfortable.. and this is the demeanor of a man who can KILL another human being? I hope the jurors were correct. But from this NON juror.. this case was NOT proven to me beyond a reasonable doubt. In either case, there is much pain and many victims and a young boy who’s lost his life. I pray for these people that they find some form of comfort and purpose… now that this case has a ruling.

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Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

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Ashleigh Banfield
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Attorney Jean Casarez covers trials around the country
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