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Suspect In Park Slaying Argues DNA Taken Illegally

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By THOMAS W. KRAUSE

The Tampa Tribune

Published: March 20, 2008

Updated: 03/19/2008 11:45 pm

TAMPA - A church youth minister, charged in the strangling of a 13-year-old boy, asked a judge Wednesday to throw out some of the evidence against him.

A set of nail clippers with the victim's DNA evidence were seized illegally from Joshua Rosa, his defense attorney, Brian Gonzalez, argued.

Deputies and a prosecutor, however, said Rosa was not a suspect when the clippers were seized. Rosa, 22, had asked the deputies to shield him from an angry crowd that thought he had killed Stephen Tomlinson.

The deputies put him in the back of a patrol car, at his request, to remove him from the area. Rosa willingly emptied his pockets, a standard safety procedure, deputies said.

On Dec. 8, 2005, Tomlinson was found dead in the woods of Logan Gate Park. A month later, deputies arrested Rosa, saying genetic testing had linked him to Tomlinson. DNA was found on the nail clippers and on a bloody pair of gloves Rosa was seen wearing.

Rosa has maintained that he happened upon the body and had nothing to do with the killing. His murder trial is scheduled for April 7.

In court Wednesday, witness Juan Rivera said he and some friends went into the woods that night to smoke marijuana. Rosa, who they all knew, was running from the woods wearing gloves and carrying a flashlight, Rivera said. He told them he had found a body.

As fire-rescue officials and deputies arrived, Rivera said, Rosa tried to leave. Rivera and his friends prevented that. Rosa told them he had nothing to do with Tomlinson's death but Rivera said he didn't believe him.

Two deputies arrived at the park and found the growing crowd yelling at Rosa. Rosa asked Deputy Ed Perez to get him away from the crowd.

"You need to put me somewhere," Perez said, quoting Rosa. "They're going to hurt me. They think I did this."

Perez said he asked another deputy to pull up in his patrol car. Perez asked Rosa whether he had anything in his pockets. Rosa pulled out a wallet, a pair of gloves and the nail clippers.

Perez said he took the nail clippers because they could be used as a weapon. He let Rosa keep the gloves. Perez said Rosa did not object.

"I said let me have the nail clippers," Perez said. "He said OK."

Gonzalez asked Perez whether he told Rosa he was going to give back anything he took.

"Do you remember saying 'If there is nothing important in there, we will just put it back?'" Gonzalez asked.

Perez paused for several seconds, looked at his notes and acknowledged that he used those words.

The judge did not immediately rule on the issue.

Gonzalez said regardless of the judge's decision on the nail clippers, it could be a difficult case for prosecutors. No witnesses saw who killed Tomlinson and Rosa has a clean arrest record. Many of Rosa's supporters say he is not capable of violence, Gonzalez said.

Sheriff's Cpl. Steve Lewis testified that Rosa told him he was jogging and lost his keys. He got a flashlight and went to look for the keys when he came upon the body. Rosa told Lewis he found no pulse and went looking for help.

Rosa's keys, Lewis testified, were found on Tomlinson's body.

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

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