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July 16, 2008
Posted: 09:19 AM ET

TAMPA, Florida–Day one of the trial Florida v Joshua Rosa went quickly, and not only was there critical witnesses testimony, but Judge William Fuente told the victim’s family they have to keep their cool or risk a mistrial.

Nine witnesses took the stand, including some law enforcement and teens from the Logan Park subdivision who testified they saw Rosa running from the wooded area of the neighborhood park in the early evening of December 8, 2005.

Testimony included witnesses who say Rosa yelled that a kid was injured or dead…that kid was 13-year-old Stephen Tomlinson, one of Rosa’s closest neighbors.

As the day went on direct and cross-examination helped both sides…like a ping pong match, Stephen’s sister and close friend of the Tomlinson family both testified defendant Rosa came over to the Tomlinson’s house in the late afternoon of December 8, 2005 looking for Stephen. But on cross-examination, both testified they somehow forgot to tell that to law enforcement when questioned in the days after the murder…even though everyone thought Rosa was responsible for the crime.

During the mid-morning examination of Kevin Whitely, the 21 year old who bent over Stephen’s body trying to find a heartbeat, a photo of the young victim’s body was displayed on the court’s multi-media screen for Whitely to identify. Ron Tomlinson, Stephen’s father, gasped in horror and abruptly left the courtroom with a baliff in tow following him.

After that, came accusations of threats by the Tomlinson family toward the defendant. Judge Fuente stepped in, outside the presence of the jury, and asked them to calm down or he would have to declare a mistrial. An emotional father went back to his seat after agreeing that he understood what the judge had just said…they rest of the day went smoothly.

Prosecutors will call witnesses such as the medical examiner who performed the autopsy on Stephen, DNA analysts and a blood spatter expert. Stephen’s father tells me he also expects to take the stand…he just doesn’t know when.

–Jean Casarez, In Session correspondent

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


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Allena   July 16th, 2008 10:39 am ET

My question is why did Rosa come out from the wooded area with bloody gloves , nail clippers and a flashlight if he was supposedly looking for his keys?

Just because he was a youth minister does not mean he wouldnt commit this murder.

Larry Dannatt   July 16th, 2008 11:07 am ET

I believe Josha Rosa is guilty, Rosa said he went back to look for keys he lost. I think there was testimony that when the body was rolled over a set of keys was under the Stephen Tomlinson. What are the chances that his set of keys would be under Stephen Tomlison. If, Rosa killed the subject and then went home and found that his keys were missing went back to look for them and then heard the other boys that were drinking and doing pot got scared and ran out of the woods with the flashlight

Jeff   July 16th, 2008 11:08 am ET

There seems to be weight given to the testimony about the flashlight being seen coming out of the woods. From the angle where the car was in relation to where the body was found, could the flashlight actually been on the other side of the wooded area on the path where the defendant was looking for his keys.

Jeff in Ohio

V F   July 16th, 2008 12:03 pm ET

They are trying the wrong person while the real killer or
killers are walking free! Joshua Rosa found Tomlinson and tried to help! It’s as simple as that! Why did they even doubt him?
I will never try to help anyone in trouble this day and age! VF

Jaby   July 16th, 2008 12:06 pm ET

Things are not always as they seem…

I believe he is guilty.

Questions:
1) Was Rosa jogging through the woods?
2) Isn’t it unusual that a jogger would be carrying a flashlight?
3) Where was the flashlight when the deputy placed Rosa’s belongings on the trunk of the police car? That was not one of the items.

Abigail   July 16th, 2008 12:55 pm ET

I think it is far too early in this trial for anyone to say that Mr. Rosa is innocent OR guilty. There is a lot of pertinent testimony yet to be given and this is not a case where one should jump to conclusions. Our system says that a defendant is presumed innocent until proven guilty, but it seems that people presume Mr. Rosa guilty until he proves himself innocent (by way of his attorneys). This is a young man with no criminal record, he was a youth minister, and I believe he deserves his right to be presumed innocent.

Priscilla   July 16th, 2008 1:16 pm ET

It’s kind if scary to stop and help someone, if you can end up being accused of committing a crime towards that person.
As far as the glove found, if the defendant happened to have a glove with him at the time he stopped to help Tomlinson, of course they will find the victim’s blood on the glove and on Rosa.

Sad for the victim, but also sad to see a life ruined, if this person did not commit this crime.

Angie   July 16th, 2008 1:18 pm ET

Youth Minister case
I can’t help but think that this young boy was possibly going to the restroom in those bushes, having his pants and belt unbuckeled, you wouldn’t have to pull down the boxers. Then this drug deal or the ones that have admitted to smoking pot were more likely to have had something to do with his death (possibly sitting in the bushes on the other side) and crawling around ,grabbing his boxers pulling him down to the ground and restraining him
I think once they thought they had the killer they screwed up by not looking for another suspect. I do not believe this youth minister did this crime. The police have screwed this one up and let the real killer go, but I would bet the real killer is closer than they think.

Oye Vey   July 16th, 2008 1:22 pm ET

Did the police lock onto Rosa immediately or did they investigate registered pedophiles that may have lived in the area where Stephen Tomlinson’s body was found and also, if they did, did they check to see if any were trained in martial arts? Given the Stephen Tomlinson may have been murdered using a martial arts hold.
Also, and I may have missed this testimony, did the coroner find that Stephen had been sexually assaulted/penetrated?
I don’t believe Rosa is guilty of this horrific crime. But having lived in Florida for a number of years I can say that he’ll none the less be found guilty. Florida juries often appear to fore-go any reasonable doubt in a case such as this simply because the State found enough evidence to bring the case in the first place.

Geneva   July 16th, 2008 1:53 pm ET

It seems probable that Rosa did this but perhaps, since he fancies himself something of a karate expert, he may have been doing some kind of simulation with Stephen, trying to teach him to defend himself from an attacker, something related to his membership in this “guardian-angel” type group he commanded. Maybe Rosa felt that area wasn’t safe for younger kids and wanted to do a good thing, showing Stephen how easy it would be to be taken by surprise and how hard it would be to escape an attacker without some training in self-defense. Things just got out of hand.

ldoggie38@hotmail.com   July 16th, 2008 1:56 pm ET

Where is Steven ’s Mother ???

Geraldene York   July 16th, 2008 2:16 pm ET

I believe the blood on the youth leaders shoes and hand are there because he was practicing karate on the young boy and it got out or hand. He took the pants down to confuse matters and choked him so he wouldn’t be found out about the karate getting out of hand.

Stu   July 16th, 2008 2:47 pm ET

Why are two of the witnesses under Corrections Supervision? It would seem that law enforcement would look at the witnesses who have a criminal record and background as well. There are so many doubts as to Rosa’s guilt. If he is acquitted, why can the civil suit continue? That is ridiculous.

Stu- Albuquerque

LK   July 16th, 2008 2:53 pm ET

There is no motive. No reason for this young man to kill. He was counseling this 13 yr old. Maybe they had a falling out and one of the other kids that go to Logan Park to smoke, drink and do drugs killed Tomlinson. So what there is DNA on Tomlinson - THEY WERE FRIENDS! Rosa is INNOCENT.

Linda Jo   July 16th, 2008 2:57 pm ET

Not Guilty because he was a Minister? at 19? What qualifications does a 19 year old have to have to be a Minister?
Minister v/s Priests?
How about ALL the Catholic Priests who molested the Altar Boys…
They have years of education and service for qualifications to be a Priest.

Mark   July 16th, 2008 3:01 pm ET

I believe Rosa comitted the crime an hour earlier. He lost his keys during the murder, went back to his car for a flashlight to find them. Thats why the blood on the victim was already dry.

Janine   July 16th, 2008 3:06 pm ET

No one is mentioning anything about the white gloves that Rosa had on him. If he supposedly went to a rehearsal, wouldn’t he go home first and change into more appropriate clothing for jogging? Why then would he still have gloves in his pocket? Why isn’t this mentioned?

Marvet Ward   July 16th, 2008 3:08 pm ET

I have been watching this case and I haven’t heard the motive that Rosa had to kill Steven. This dose not meen that Rosa did not commit a crime. however, the lock of motive place reasonably doubt in my mind.

Brandy   July 16th, 2008 3:14 pm ET

I think from the beginning the boys smoking pot & drinking in the back of th park had in their mind Mr. Rosa killed Stephen Tomlinson.
I truly believe there is something they could be hiding or trying to cover up. Mr. Rosa has been consistant w/ his story. Yet the other witnesses failed to mention in the beginning VERY important information. YOU JUST DON’T FORGET SOMETHING LIKE THAT!
You can’t convince me Joshua Rosa is guilty & no jury should either.

Charles Hardy   July 16th, 2008 3:15 pm ET

I have watched parts of this trial for several days. Is there a motive? If Rosa had a motive, why hasn’t it been presented by the prosecution or, if there is no motive, why hasn’t the absence (of motive) been presented by the defense? And, why no discussion of “motive” by any of the TV commentators?

Kayle Stevens   July 16th, 2008 4:23 pm ET

Tomlinson family both testified defendant Rosa came over to the Tomlinson’s house in the late afternoon of December 8, 2005 looking for Stephen. .

The prosecution needs to hit on this fact. It is important. It is crazy to think that a youth pastor
Or any other pastor or youth is not capable to KILL. Rosa was caught — he had nail clippers
He had defense scratches on him, he wanted to trim Stephens nails,, DNA!! He had a flashlight
Just for the reason. How did he see Stephens tugged into a wooded area.. joggers don’t jog
In wooded areas.. There are to many problems with this case, it is disturbing.

dan teter   July 16th, 2008 4:53 pm ET

if body temp was at or near normal at the time the police and fire arrived then rosa could be accused. If the body temperature along with blood being dried at mouth and nose, rosa not the guy, keep looking

Dorothy Craft   July 17th, 2008 10:40 am ET

It seems to me this is why more and more people have stoped helping other people. You either get suied or you get blamed for the injury. I myself have helped manny people and find they don’t even give you a proper thank you. I’ll bet this guy wishes he had just left that poor dead kid right where he found him……..

Dorothy Craft   July 17th, 2008 10:43 am ET

Bet this kid wishes he had left the poor dead kid right where he found him. You can’nt even help each other any more these days. Of course he had blood on him he tried to help the poor kid . Just a simple thank you please….Not A Day In Court……

tanya   July 17th, 2008 2:26 pm ET

This guy is as guilty as sin. The only reason he is sitting there shaking is because got caught. I think Mr. Rosa and the child had a unnatural relationship and the threated to tell. MR. Rosa then killed 13 year old Stephen Tomlinson. He then tried to cover his tracks by going back to cut the boys finger nails, to hide his DNA from the boys finger nails . He then wore his church gloves to hide even more evidence before he was caught with the teens blood on his gloves.

shirley t   July 17th, 2008 3:33 pm ET

i am sorry but this guy has guilt all over his face and if i was in the court room and seen what viewers r seeing i would be upset too watching this man look at that little boys family and at times smiles why is the courts letting this happen?and why is the tv not showing the victims family? why is all the tv only showing rosas family? thats rude also come on keys under the victims stomach noooooooooo wayyyyyyyyyyyyyyyy. also gloves how many people do you know that wears gloves running i mean after all rosas didnt go to church that day.fla is the sun shine state .and it was not that cold out to wear gloves i am born and raised in tampa fla and dec was not that cold.finger nail clippers for what? i fell that another child has lost his life and the system has failed again if this guy gets by with muder.

Lana Oberst Georgia   July 18th, 2008 6:07 am ET

I am curious if there has been any other evidence other fingerprints or anything found at the scene. Maybe I have missed this but if there were multiple attackers some form of evidence should have been found. It is hard to believe and if on jury I would think DNA evidence is the key to sending Rosa away!

Heather   July 18th, 2008 11:02 am ET

Did the mother say where her son was on the night of the murder at around 7:00 pm the night of the murder? Because she did see both Rosa and Tomlinson at her house around 5:00 right?

Pat Decker   July 18th, 2008 1:05 pm ET

THE KEYS ARE THE KEY
How could Joshua “lose” his keys under a body? At a huge, huge park? The young boy, no bigger than a small woman, was no doubt found in an obscure part of the park. What would Joshua be doing there earlier to lose his keys?

mariatrejo   July 18th, 2008 1:07 pm ET

Hello well i think jouth minister did not do this why they dont ask questions to all the other guys using drugs.How true can this be its not fair that a jouth never been in trouble we all know what drugs do and more when theirs a group guys together .

Pat Decker   July 18th, 2008 1:10 pm ET

He seems so innocent, sitting there quaking in his boots, but I’d hate to let him go and think about who is his next victim. Maybe 20 boys from the neighborhood will come forth now and admit to being molested. That sweet dead boy said no.

Mary V.   July 21st, 2008 1:46 pm ET

I am shocked and dismayed at these Jurors… In about five hours they made a case where there was none! They wanted him to be guilty. Imagine a Youth Pastor (aren’t they all perverts?) and hispanic (aren’t they all illegals? No good?). They never looked at anyone else! What should they? They already have an easy case, a scape goat. I’m amazed at what this country have turned into. Sad, very, very sad.

Mary V.   July 21st, 2008 1:51 pm ET

Lesson to be learned from this case… Next time you find a loved one badly hurt/dead, DO NOT TRY TO HELP.

Rhonda   July 21st, 2008 5:41 pm ET

I don’t understand this verdict of guilty, how can the jurors come to such a judgement is questionable, at best!! The DNA only proved he couldn’t be eliminated. This should have been a mistrial when the outburst’ from the victims family!!!! This case should be really looked at again. There is no JUSTICE for the victim, no JUSTICE equals no closure can ever be close due to the outcome!!!!! Complete, disgust I thought the prosecutor was to prove it? Not the defense!!!!

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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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