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Brother Of Slain Boy Interrupts Trial, Curses Defendant
Tribune file photo by CANDACE C. MUNDY
In 2006, Stephen Tomlinson's father, Ron, said that nothing had been done to make the park safer.
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Published: July 15, 2008
Updated: 07/15/2008 05:13 pm
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TAMPA - When the photograph of 13-year-old Stephen Tomlinson's body appeared on the screen in a Hillsborough County courtroom today, his brother couldn't contain himself.
In front of the judge and jury, Ronnie Tomlinson Jr. stood and cursed at the man accused of strangling his younger brother. A bailiff led Tomlinson from the courtroom, and his father and uncle rushed to join him.
Later, Hillsborough County Circuit Judge William Fuente said he understood the family's feelings, but he told them to control themselves or risk jeopardizing the trial.
Today marked the first day of testimony in the first-degree murder trial of 22-year-old Joshua Rosa, who could face a life sentence.
When Tomlinson's body was found at Logan Gate Park in northwest Hillsborough County on Dec. 8, 2005, prosecutor Christopher Moody told jurors, the boy's pants were down and his nose and the front of his shirt were bloody.
Tomlinson's blood was found on Rosa's shoes, hands and pants, Moody said. DNA samples from fingernail clippers Rosa was carrying also matched the boy's.
At the time, Hillsborough County Sheriff David Gee said the clippers likely were used to remove evidence.
Moody said Rosa had played video games with Tomlinson, and they had hung out together. On the day Tomlinson's body was found, Rosa had gone looking for him, Moody said.
Rosa told detectives in 2005 that he found Tomlinson's body when he returned to an area to find keys he lost while jogging. Tuesday, detectives said they had found Rosa's keys by Tomlinson's buttocks.
The defense said the former church youth leader will not admit guilt, and the prosecution won't be able to provide witnesses to the crime.
"Joshua Rosa did not kill Stephen Tomlinson, and that's why we're here," said Rosa's attorney, Brian Gonzalez.
Gonzalez asked the jury to keep an open mind, presume innocence and pay close attention to inconsistencies in testimonies.
Rosa lived across the street from Tomlinson. The homes were about two blocks from the park.
"Keep in mind as you listen to the evidence that one in the hand is not always as good as two in the bush," Gonzalez said.
Kevin Whiteley, who was also in the park the night Tomlinson died, told jurors that he and his friends were hanging out in a secluded part of the park where they wouldn't be spotted, drinking alcohol and smoking marijuana.
Whiteley said he saw a flashlight in the woods and was afraid it was a police officer, but it was Rosa, he said.
Rosa approached them and said there was a boy who was dead or injured in the woods, Whiteley said.
"I said, "Do you have any idea who it is?,' " Whiteley said. "He said, 'No.' "
Whiteley said that after he and Rosa reached Tomlinson's body, Rosa said he didn't kill the teenager. Rosa said he was just trying to help the boy and wanted to go home and get his dad.
Whiteley said, however, that many people didn't believe Rosa when he said he was innocent.
The trial is expected to continue all week. It's not clear whether Rosa will testify.
TBO.com producer Daniela Velázquez contributed to this report. Reporter Josh Poltilove can be reached at jpoltilove@tampatrib.com or (813) 259-7691.
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