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July 17, 2008
Posted: 09:25 AM ET

TAMPA, Florida–The crime scene and autopsy photos of 13-year-old strangulation victim Stephen Tomlinson are lasting images of what this young boy went through before he died. They are now evidence in the prosecution’s case-in-chief of first-degree murder against youth minister Joshua Rosa here.

I looked closely at these photos, shown one after the other to the jury, and saw that Tomlinson was severely strangled. As Medical Examiner Dr. Leszek Chrostowsky testified, the contusions and abrasions to his neck and lower jaw, show by their redness in color, occurred at or near the time of death. Stephen was fighting to live. This young man consciously knew during those last moments what was happening to him.

Stephen’s family wasn’t in the courtroom for this explicit testimony. The defendant’s family bowed their heads or shut their eyes as the photos of Stephen were displayed to the jury one after the other.

Jurors were taking notes and listening seriously to the medical reasoning behind every injury. The defendant Joshua Rosa showed no emotion. We see that so often in trials…what it means is individual…no one can be programmed to act in a certain way.

Stephen Tomlinson was found with his black belt undone, and his blue jean shorts down to his ankles but his sport shorts (used as boxers) were still on. There is one photo that shows the elastic waistband of those shorts left a deep fence-like pattern impression in the skin of his hip area. The medical examiner believed blunt trauma to Stephen’s hip caused the permanent marking. The pathologist hypothesized that Stephen may have been pushed to the ground so hard the impact to his hip created the pattern markings from the elastic band.

His other injuries were to his back, inside his lip, and his right shoulder and it was not a single hold which caused the strangulation death. Dr. Chrostowsky testified the assailant’s hands changed positions several times and could have even used karate moves. Was Rosa trained in karate? A rape kit performed at autopsy showed no evidence of sexual assault.

Prosecutors are not required to prove a motive in their case. The defense maintains Rosa is not guilty, and was only trying to help Tomlinson after he found him lifeless in the park.

There are many unknowns in this circumstantial case that truly is a murder mystery.

–Jean Casarez, In Session correspondent

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


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l Kahana   July 17th, 2008 10:10 am ET

I was wondering if a test was done on the accused to determine if any drugs were found in his system that might have caused him to behave in a manner that was thought to be out of the ordinary for him. If so, what were the results?

Kirk Meyer   July 17th, 2008 10:49 am ET

Joshua Rosa was an ROTC student at Alonso High School. Did he have hand-to-hand combat training, or other “defensive training” that could have prepared him for the use of the strangle-hold?

Lisa   July 17th, 2008 11:02 am ET

This is a perfect Death Penalty case.

Ada Cutliff   July 17th, 2008 11:03 am ET

How long had Stephen been dead when the body was discovered? Could Rosa have had time to commit the act and maybe return to the scene to cover up the crime?

BILL LONABAUGH   July 17th, 2008 11:12 am ET

IM NO LAW MAN BUT THE ONLY REASON THE KIDS SEEN THE FLASHLIGHT COMEING OUT OF WOODS HE HAD THE FLASH LIGHT POINTING DOWN TOO SEE WHERE HE WAS GONE ONCE OUT HE SPOTED THERE CAR THEM POINTED IT TOWARD THEM AND MADE UP STORY ABOUT LOOSEING HIS CAR KEYS THANKS REGARDS BILL

Tim Benefield   July 17th, 2008 11:14 am ET

O.K. so joggers in FLORIDA keep gloves in their sweats while jogging. Do they stop and put the gloves on before examining a bloody friends body that they had visited that day?

Dee   July 17th, 2008 11:16 am ET

I don’t know about you but ever since aids has become more common in the United States, It is educated in most emergency classes, as a youth minister has he had classes in CPR? I find it haphazard for anyone who comes upon anyone with blood not to protect themselves to whatever degree they could from contact with blood. This has nothing whatsoever to do with heroics.
Dee at MO.

Paula   July 17th, 2008 11:35 am ET

I keep coming back to why. I wonder why Rosa would be jogging in the woods. If the keys were under Stephen Tomlinson, Tomlinson was found in the woods, Rosa lost his keys while jogging, then it follows that Rosa is saying he was jogging in the woods and Tomlinson just happened to be murdered in that same spot? It just doesn’t fly.

Joan L. Huegel   July 17th, 2008 11:44 am ET

Dear Jean,

Although I have tried to be as attentive as possible to this trial, could you please explain exactly what credentials the defendant had/has to be given the titles Youth Pastor/Minister of his church. At 19 years of age (at the time of the murder) chances are good that he did not complete college or theological seminary (unless he was a prodigy). Who appointed him to this position? Was this a paid position or was he a volunteer?

Therefore, if he has no specific credentials within the ministry, I find the constant verbal and printed reference to his being a Youth Minister or Pastor to be very prejudicial by giving him status and credibility that would be unwarranted.

It seems to me that the position he held within his church community was one of a “big brother” type; and, one which would give him free access to many trusting children.

Sincerely,
Joan L. Huegel

Betty Baker   July 17th, 2008 11:54 am ET

Where is Stephen Tomlinson’s mother?

Stu   July 17th, 2008 11:54 am ET

This is ridiculous that the police didn’t look at the drug dealers in the car. Two of the prosecution witnesses have records. How many others are convicts? The one parent who testified couldn’t even dress for the court showing contempt for the truth. If the victim were killed a few minutes before Rosa came upon the scene, the blood would still be fresh. I can’t imagine trying to revive someone. You would try everything and of course blood and fluids might get on you but perhaps not. I don’t think the evidence by the prosecution is solid and could be easily reinterpeted. Where is an independent reviewer. Florida is notorious for railroading people and its court system is not impartial. (see Gore vs. Bush)

A Camp   July 17th, 2008 11:58 am ET

Don’t understand how you call this case circumstantial . How much more evidence do you need ? There’s DNA , keys by the body , witnesses . Come on . There is no way he’s not being found not guilty .

A Camp   July 17th, 2008 12:02 pm ET

Don’t understand how you call this case circumstantial . How much more evidence do you need ? There’s DNA , keys by the body , witnesses . Come on . There is no way he’s being found not guilty .

Reddesires   July 17th, 2008 12:40 pm ET

This is a cold blooded killer that should never walk the streets again. Ever hear of the dreath penealty.

zerelys   July 17th, 2008 1:03 pm ET

I believe that Joshua Rosa is innocent! It doesnt make sense to me how the jury cannot realize that from the way the death was explained it had to be more than one person. Also why would Joshua want to kill someone that he was always trying to instruct into good ways! He even brought him to church with him a couple of times!

Cecelia Breidenbach   July 17th, 2008 1:05 pm ET

I think the “keys” are important. I have never had keys fall “up and out” of pockets. I think the alleged murderer went back to woods to see if he left any evidence (to clean up the scene). Hypothetically, the two had “experimented sexually” before but the last time proved fatal.

DAWN RANEY   July 17th, 2008 1:14 pm ET

WHAT A SHAME. IF YOU CANT TRUST A YOUTH PASTOR, THEN WHO CAN YOU TRUST. I HOPE THEY HAVE ENOUGH EVIDENCE TO PROVE THIS CASE. IF NOT, THEY JUST MESSED THIS KIDS REPUTATION UP BADLY….

Liz   July 17th, 2008 1:19 pm ET

Isn’t there any DNA evidence?? It seems that with such a fierce struggle the killer would have left some DNA somewhere on the victim. My heart goes out to the boy’s family.

Iris Armour   July 17th, 2008 1:38 pm ET

Since the defendant knew the victim, why did he not state Stephen’s name when he ran from the woods, instead of saying “a kid has been hurt”? Also, didn’t the defendant deny knowing Stephen? I believe that Rosa is guilty,

mary   July 17th, 2008 1:39 pm ET

Was there a path to walk or jog? And if there was, how far was the body from the path. Seems to me he would have to go through the woods to find the boy. Do people jog through the woods?

Patsy S   July 17th, 2008 1:42 pm ET

Are you kidding me? This kid was strangled to dealth and this guys says he “found him” “lifeless” in the park. Come on, common sense people, lets use it!

Danika Jarrott   July 17th, 2008 1:50 pm ET

I have been watching this trial for awhile, and am wondering what this youth ministers motive would be? Maybe I am far off on this, but is it possible that he sexually assaulted the young boy and was scared of the boy telling?

Evelyn Lenard   July 17th, 2008 1:54 pm ET

I just have a very hard time getting past the fact that Rosa’s keys were under the body of Stephen. And if the blood of Stephen was dried when his body was found, how did so much of his blood soak through the gloves of Rosa??

Susan Heilweil   July 17th, 2008 2:07 pm ET

It appears this victim was possibly sexually assaulted by the way his clothes are disarrayed. However, we have not heard of any proof this is the case. If the defendant did commit the murder, has his sexual background been checked? Have any members of the community complained about inappropriate behavior? I just don’t think there is enough to convict this young man. The park was a meeting place for many people, for casual AND illegal meetings. Perhaps Stephen stumbled upon something that forced the murder(s) to commit this crime. If Joshua just came upon him, he may have been so traumatized, he didn’t recognize Stephen (blood on the face, etc.) which led him to say he did not know him. Why would he murder this child? No one has been able to supply ANY motive that would point towards Joshua. I truly feel he is innocent….just in the wrong place, at the wrong time….and young and not sure how to respond…..How many adults would have known what to do???????? I say…NOT GUILTY.

Evelyn Lenard   July 17th, 2008 2:13 pm ET

I just have a very hard time getting past the fact that Rosa’s keys were under the body of Stephen. And if the blood of Stephen was dried when his body was found, how did so much of his blood soak through the gloves of Rosa??

Roxanne   July 17th, 2008 2:39 pm ET

this is so sad to hear about any murder is horrible but then to hear how he died is even more horrific…..may he rest in Peace with the Lord

Douglas R. Williams   July 17th, 2008 2:48 pm ET

If this is just a circumstantial case, maybe we should review the list of exhonerated people that have been released lately because of new evidence in their “circumstantial convictions.” In each of those cases the prosecutor was sure they had their man. If I were on this jury, I would want some “Real” evidence before I could convict.

Carolyn   July 17th, 2008 3:18 pm ET

How many so called “leaders” of our children, boy scout leaders, coaches, teachers, ministers, priests, neighbors, even parents, of children, have been “caught” abusing, mistreating, molesting and murdering children, how many? And these are only the high profile cases that we hear about. How many others aren’t in the limelight ? His religious background doesn’t guarantee anyone to be trustworthy with our children.

dan   July 17th, 2008 3:22 pm ET

rosa wanted to go get his dad. which I think ment get rid of gloves and nail clippers

Mary V.   July 17th, 2008 3:25 pm ET

So far… very inconclusive. But Tomlinson’s family are showing their true colors. I’m afraid they will cease the opportunity to make MONEY. Where were they when the kid was alone in a park which has a bad reputation? What responsibility, if any do Tomlinson’s parents take? This type of individuals, let the church (or the teachers/school) raise their children and as soon as something go bad, first they blame God and then the church. I’m just not getting a good feeling about the victim’s family.

Jennifer   July 17th, 2008 4:16 pm ET

His oldest brother was in the courtroom and witnessed these graphic pictures. He hung his head also. They were horrible and I pray that Rosa gets convicted for this horrible act of violence.

Sandi   July 17th, 2008 4:22 pm ET

This young man DID-NOT commit this murder! The police should be out there looking for the person or person’s that did do it. I feel very sorry for the victims family, but this seems like a lynch mob to me.

Annie   July 17th, 2008 4:27 pm ET

When I read this it makes me feel so sad that a family has to go through the torment of his death and the torment of the trail.
This man deserves the death penalty ,period.

JLM   July 17th, 2008 4:50 pm ET

Jean, Jean, Jean…The defendant’s keys were found UNDER the body; he said he didn’t “know the boy”, the boy’s DNA was on the nail clippers found in the defendant’s pocket (what murderer plans to clip a victim’s nails to prevent finding DNA), he wouldn’t touch the body once witnesses were around but he was so concerned when alone with him that he got blood all over his pants, etc…I won’t go on.

There’s no mystery here, Jean; Stephen Tomlinson was murdered by Joshua Rosa. Life in prison, please.

Yolanda Nunez   July 17th, 2008 5:08 pm ET

What kind of karate move could assist with strangulation? Would their not be hand prints on Stephens neck, embedded by the pressure of the strangulation? If so, can these prints be measured against Mr. Rosas hands? ( I noticed that Mr. Rosas hands are very large and his fingers are very long).

Yo, AZ

Robertta Gripp   July 17th, 2008 5:34 pm ET

Mr. Rosa looks smarmy - a sexual deviant, using the church to hide his preference for young boys - could have been another BTK! Church members are just people - good, bad and ugly.

Brandi Johnson   July 17th, 2008 6:45 pm ET

I think there is too much room for REASONABLE DOUBT to convict Mr. Rosa of murder!!! I have heard the prosecution’s case and it has not proven anything other than Rosa was there, which he admitted. He went for help frantic. Why would he do that if he murdered Stephen? Too many holes are in the prosecutions theory. NOT GUILTY!
Brandi J., South carolina

molly hill   July 17th, 2008 7:15 pm ET

What is the motive? Why would he kill him? There has to be some kind of motive for this to happen?

aida halluska   July 17th, 2008 9:08 pm ET

There is no doubt that Rosas is the killer. It seems that he was obsessed with this child and probably took him to the park on false pretenses and the child fought, and it escalated to this tragedy. Rosas took martial arts so that makes him very agile and more experience in fighthing. He is no “minister” or “pastor”. Those are denominations that require higher education. He was just a guy who “liked” kids (like Michael Jackson) and people thought he had good intentions. He looks cold and detached. He is 100% guilty.

Shannon   July 17th, 2008 11:19 pm ET

That poor little boy, I hope they fry the guy who did this to him! No one deserves to die like that, especially kids.

Amanda   July 18th, 2008 3:50 am ET

I don’t think Josh is guilty. He is a young man of God who had a purpose in life and he has too much ahead of him just to let it go down the drain. He has potential and a calling from the Lord, I know Josh is innocent so let him FREE!!!

Rocky   July 18th, 2008 6:31 am ET

There are a lot of unanswered questions about three of the items found on Rosa. That would be the flash light, keys and the gloves. There are plausible reasons for all of these items. I think they should be “looked into” in greater detail. Also, is it “coincidental” that Rosa was dressed all in black which would provide for him more of a “cover” in the woods.

Has any effort or consideration been made to look for clues or suspect another person RATHER than Rosa?

R

Joe Gilbert   July 18th, 2008 9:33 am ET

Dr. Wright is an excellent witness. Rarely have I seen an expert witness that is so calm, competent and confident. He reminds me of my old family doctor when I was a kid. Very calming…If I were a juror, he’d certainly weigh heavily in deliberations.

Barry P. Grier   July 18th, 2008 10:00 am ET

The defendant’s experience in the martial arts was an important key as to the stragulation and also the defendant’s DNA under the victim’s fingernails was the nail in the coffin for Rosa!!

Trish   July 18th, 2008 10:40 am ET

After watching the professionalism of the prosecution’s witnesses, the expert doctor on the stand, as we speak, for the defense looks like an idiot in comparison. How much is he getting paid to tesitfy?

Deborah aka steelnpearls in Texas   July 18th, 2008 1:57 pm ET

I can’t stand the way in which Rosa’s defense lawyer, Brian Gonzales, who twists and turns, manipulates evidence to cause in the minds of people sitting in the jury who don’t have that kind of experience in law, to faulter in their attempt to see the evidence in clarity only.
Like no blood found on the right hand of Steven Tomlinson. If his right arm was being held he wouldn’t have any blood or DNA under his nails on his right hand.
Rosa not having any DNA of Tomlinson’s on his hands, because Rosa was wearing gloves which did have Tomlinson blood DNA.

john baker   July 18th, 2008 4:27 pm ET

The defendant was the last person to see the victim at 5:30pm and is the person with him when he was found dead. Why was the defendant in the woods with a flashlight? He must have been looking for the victim, just like the neighbor said he was doing. But, the defense attorney states it’s a lie. Well, the evidence show’s he was telling the truth.

The defense attorney is an advocate, but he would have us not believe what the facts infer, but would have us believe it was a conspiracy by the neighbors, police. crime lab, and the DA. That everyone else can’t infer conclusions from the facts that were there. amd asl the jury to now infer facts not in evidence. ie lack of blood on other witnesses, other defendants not looked for, etc.

Red Herrings to mislead the jury rather than facts in evidence. By the way, BTK was president of his church……had a job….and the whole state was shocked……ergo…..this kid is guilty and I wanted to hear it from his mouth.

Kristen   July 21st, 2008 9:13 am ET

omg this is horrible a YOUTH MINISTER… im watching the trial right now bcuz its live but they still cant seem to figure out a motive and according to the trial the belt was still in tact so…ya im 13 and i have so much sympathy for the parents, family, and friends … i cant begin to imagine what they’re going through

Joe, Miami   July 21st, 2008 2:13 pm ET

I think Rosa had some type of sexual intend with the victim, but was rejected and felt threaten that the victim would reveal this side of him to the public, family, friends and church member that felt he had to keep Stephen quiet, i dont think he wanted to kill him but felt he had no other choice

Shirley   July 21st, 2008 2:41 pm ET

Joshua Rosa is not guilty I don’t think the police did their job in this case to many lose ends what about the borther of murdered boy getting beat up so badly they had to send him away who where those boys the dna was not proven

Shirley Fl

mary   July 21st, 2008 2:43 pm ET

I DO NOT FEEL IN MY HEART THAT THIS YOUNG MAN IS
GUILTY. THE SENTENCE WAS FAR TOO TOUGH.

marvin   July 22nd, 2008 10:38 pm ET

I believe there were plenty of reasonable doubts in this trial.There were plenty of evidences that point to guilt ,but I still believe that reasonable doubts were lost or over looked in this trial.

n.o la.

lydia funk   July 23rd, 2008 9:19 pm ET

JOSHUA Rosa is innocent and GOD knows that too.

lydia
fl

Christine   August 22nd, 2008 12:48 pm ET

joshua rosa is definetly innocent..it says he was a youth minister and a well eduated kid..he wouldnt waste his life over a little boy when he has a great life ahead of him..i honestly this its very sad that hes facing life in prison..he deserves to be out for free and enjoy his life…And the dna and detectives have to do their job correctly and find the real mystery of the case and let joshua freee..

christine
Mi

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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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