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July 15, 2008
Posted: 01:54 PM ET

NEW YORK — One tiny piece of evidence may matter most in the state’s case against Joshua Rosa. It’s the nail clippers and his defense team wants any evidence tied to those clippers tossed.

Now, most folks covering this story are making it sound like the defense is trying to “pull something”, but they aren’t. Brian Gonzales and Katalin Lazzara are simply demanding prosecutors do something they are not typically forced to do - follow the law which in Florida required police to return his belongings, clippers and all, to Joshua Rosa unless they had probable cause to suspect him of murder, which they did not.

But in our law and order culture being “tough on crime” trumps the rule of law. So while you’re watching the Joshua Rosa case think about this: Do you want to live in an America based on laws or one based on the current political climate which can change with the wind? It may be Joshua Rosa on trial today. But it just may be you tomorrow. And that’s the Last Word.

–Jami Floyd, In Session anchor

Filed under: Jami Floyd • Last Word


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Stu   July 15th, 2008 2:02 pm ET

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?

Kayle Stevens   July 15th, 2008 2:58 pm ET

If a person is accused of murder, rape, sodomizing a 13 year old boy and they are innocent why would it matter turning over a pair of nail clippers? No this is Not about Rule of the Law, this is about a 13 year old dead boy and their parents, and Everyone that loved him trying to find out who did this terrible thing –Flashlight, Gloves and Nail Clippers, sounds like the PURP came prepared.. and if you have nothing to
Hide… try to sell me on the Rule of Law on another case. It maybe a victim I or you know and love tomorrow and wouldn’t you want to find their killer, I definitely would nail clippers and all!! and that is my last word.

zerelys   July 15th, 2008 3:21 pm ET

i KNOW THAT JOSHUA ROSA IS INNOCENT !

raycar   July 15th, 2008 5:02 pm ET

Rule of Law - always. How can anyone represent themselves as tough on law if they keep bending it to fit the current political climate? - raycar - San Jose, CA

Reddesires   July 15th, 2008 5:05 pm ET

I want justice not defense loop holes as usual. Tired of the criminals having all the rights.

Loren   July 15th, 2008 5:10 pm ET

Context please? You need to explain probable cause in this instance, because he was seen leaving the area where the murdered boy was found and while he protested that he didn’t do it, the issue does not seem so clear cut as you assert.

mary   July 15th, 2008 6:42 pm ET

The kid was found with his pants down around his ankles, was he checked to see if he was sexually assualted? Also my therory is that the Tomilson boy knew something or was sexually molested by the minister, and threatened to tell! Rosa went to the boys house to try to talk him out of it, then went looking and found and silenced him from a terrible secret.

Eric   July 15th, 2008 6:46 pm ET

Not only do I want to live in an America based on laws, but I want to live in an America where there are consequences for people who break those laws. Otherwise some people will continue to push the limits of the law without thinking twice about it.

Rose   July 15th, 2008 7:10 pm ET

No, I agree that this tiny piece of evidence should be presented during this trial. This young boy was murdered, what about the bloody gloves? is there an explanation about the gloves? what difference is between the gloves and the nailclipper, a technicality? just because they were not returned, does that include the bloody gloves also? No Jami, I usually agree with you, but this time, this is my last word.

leslie kieltyka   July 15th, 2008 7:41 pm ET

Okay,Im very confused, Im a court TV fanatic,why did they arrest him without having only this little prof that he did this very serious crime.I think this is going to be one trial that you dont see much where they will think that he did the crime but dont have the evedience to charge him.Leslie

PolO   July 15th, 2008 7:45 pm ET

Well… That`s part of the whole thing: Secret prisons, torture, phone taps without a court order… All in the name of freedom, democracy and the homeland… Welcome to 1984 !

ed murtha   July 15th, 2008 7:58 pm ET

again she holds the prosecutor to an impossible standard, the nail clippers are to trump everything. let’s hear all the evidence and decide then.

Brittany   July 15th, 2008 10:06 pm ET

I think he is NOT GUILTY. I think its all pointless and they have the wront guy. I think it was convient for them to accuse him and thats what they did. I think its wrong and once they FINALLY figure that ‘common sense’ out.. what does Joshua get? he has spent 3years in prison…. he doesn’t get anything back.. Its stupid and ridiculous!

A Camp   July 16th, 2008 9:57 am ET

But in our law and order culture being “tough on crime” trumps the rule of law. Jami’s words !
In murder cases , especially those involving children , I think it’s ok to be a little tough !! Think outside the box Jami !

Wanda   July 16th, 2008 10:06 am ET

I think when Rosa was running from the woods he was scared because he was afraid of what he had just done. My question would be, what was Rosa doing in the woods with a flashlight to find the young boy ? I believe Rosa killed the boy, didn’t know what to do and ran to get help hoping the boy would live!

beverly collins   July 16th, 2008 2:50 pm ET

No one knows anyone completely.

Ronda   July 16th, 2008 3:23 pm ET

Jamie, are you kidding me? What more probable cause do you want? The man found the body, the man had the victim’s blood on him and his clothing, the clippers had blood on them, his keys were found under the body, he had been looking for the victim earlier in the day, he had scratch marks on him.

I want to live in a country that punishes child killers and not let them get off due to some stupid technicallty.

What amazes me is the reasons that you and your guests are saying he’s not guilty. One being his character, what the jury is to disregard the evidence because this man was a youth minister? Does Catholic Churh ring a bell? Just because he has never been in trouble before, because he has a good character makes him not guilty? WTF. What does his character have to do with anything?

Kathleen   July 16th, 2008 7:28 pm ET

Has anyone thought about the fact that the boys may have been play fighting, as in the karate that has been mentioned and Rosa acidentally killed the boy and then staged a sex crime while in a panic. But, who knows…

TAMMY   July 17th, 2008 11:59 am ET

EVERY BODY WANTS TO TALK ABOUT THE GLOVES ! WHAT ABOUT THE SHOES ? HOW DID THE BLOOD GET ON THE SHOES

Carol   July 17th, 2008 1:12 pm ET

Thank you for updating us regarding the trial of bin Laden’s chauffer at Guantanamo Bay. It is relevant to this blog because the entire system of incarceration and kangaroo courts at Guantanamo Bay seems to indicate the government - both Congress and the Administration - have already determined that America is no longer going to be bound by its own laws. The fact that anyone can be incarcerated in a US facility without access to lawyers, subject to torture and solitary confinement for more than 6 years speaks for itself. This same disregard for the law obviously carries over to your criminal system. It is not just a slipper slope - it is a downhill roller coast your country is on and thank God that both presidential candidates have vowed to get the country off. Freedom cannot exist in the absence of the rule of law.

geeka   July 17th, 2008 2:42 pm ET

Again you are right on Jami. As a Texan I wonder everyday why the U.S. is so blessed with opportunity when just 200 miles away from my own front door is an entire country dammed by lawlessness, ineptitude and despair. It goes back to your question of civility posed during the “Disney Teacup Ride” attack…How do we teach our children that playing by the rules is a good idea when the voices of incivility and mob rule seem to getting louder by the day?

RJS   July 17th, 2008 3:11 pm ET

Remember friends, prosecutors are not interested in “Justice”. The only want to claim their prize: a conviction. And they will squander unlimited resources (our tax dollars) chasing convictions for their own political gain. Beware - it is happening today - here in America.

RJS

Elizabeth   July 21st, 2008 2:33 pm ET

I believe he did take that boys’ life and jesus will take care of what will happen with Rosa. He ran from the woods knowing he killed steven out of fright or maybe to make people believe he just “found” the boy.

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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
Co-anchor of the daily trial program Banfield and Ford: Courtside
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Jami Floyd
Former defense attorney and anchor of her own daily program Jami Floyd: Best Defense
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Former prosecutor Beth Karas covers trials around the country
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