Defense teams need only to create doubt.
While the prosecution can't be "all over the map" in laying out their case, they present to the judge and jury motive, means and opportunity in a cohesive package. It is their job to take the jurors step by step along the path that ends with the crime being committed. And if the jurors are convinced that the crime in question could ONLY have been committed by the accused, the prosecution has done it's job and a conviction is the expected outcome.
The defense doesn't have to take the jury down a path of one scenario. They can present several possible scenarios. And if any of those possible scenarios leads one juror to hold reasonable doubt about the accused's role in the events, an acquittal is the expected outcome.
In the State of Pennsylvania vs. Michael A. Roseboro, the DA's office has to have a plan, focused on one clear and continuous set of events that led to the death of Jan Roseboro.
They will have to show means.... Yes, Mike had the means to kill Jan. She was at home, with him, while three of their children slept. He's a strong man and could have beaten, strangled and struck her with an object.
Mike had opportunity. See above. Jan was there, fully accessible to him. He admits to being on the property with her in the time frame of the crime being committed.
Now for motive.
The DA has Angie Funk as star witness. She already had offered the emails Mike had sent to her, turned over her phone, and gave statements to them including details of her pregnancy.
In the article that follows, I was most interested in what Mr. Sodomsky had to say about Angie Funk..
The attorney for an accused killer told reporters Wednesday that Michael Roseboro did not murder his wife two weeks ago in northern Lancaster County.
"Contrary to published reports and widespread speculation, Michael Roseboro did not kill his wife," Reading defense attorney Allan Sodomsky said. Sodomsky said prosecutors are overlooking important information in the case.
Police said Roseboro killed his wife of 19 years, Jan Roseboro, on the night of July 22nd by beating her, strangling her and then throwing her in the family swimming pool in Reinholds. Roseboro called 911 that night and said he found his wife's body floating in the pool.
While prosecutors indicated there is no evidence a robber may have killed Jan Roseboro, Sodomsky said the killer could have been a robber.
"As soon as the body was released to the family, it was noted that there was approximately $40,000 worth of jewelry missing from Jan's person, that she had on," Sodomsky said.
Prosecutors said Roseboro had a motive to kill his wife because he was having an affair with another woman. Sodomsky said the woman claiming to be Michael Roseboro's mistress is not believable. "She struggles to gain credibility with the people that know her best," Sodomsky said.
Lancaster County District Attorney Craig Stedman reacted to Sodomsky's comments by issuing a statement in which he said he will not conduct the trial in the media.
Well...it's not a secret that Angie has been called a liar by many that know her. We all know by now that Angie and the truth aren't close friends.
But she is clearly pregnant. And claims the child is Mike Roseboro's.
She clearly handed over emails that she claims were sent to her by Mike Roseboro. I find it hard to believe that the DA would not have had all the emails investigated by a computer forensics specialist to make sure Angie didn't do some fancy footwork with her computer.
So what does that do for Mike and his defense?
All they can hope for is that the paternity test reveals another man as the father of the baby.
Mr. Sodomsky has had to regroup. His attempt at tearing down Angie's credibility has suffered much as the investigation has moved along. Angie revealed to investigators that she is pregnant. Mr. Sodomsky had to be aware of that thanks to discovery.
Despite her penchant for lying, it appears that so far she can back up her current claims.
All she needs is the correct result on the paternity test.
So what tack will the defense come up with now?
Possibly the robbery theory. I have one question...wasn't it Mike who was the one to receive the body and claim the jewelry was gone?
I hope Mr. Sodomsky doesn't underestimate the intelligence of a Lancaster County jury.
Maybe he'll present evidence that Angie wasn't the love of Mike's life, that he simply used the same lines on her that he used on many of the women he had affairs with.
Many are wondering how many of his former mistresses will testify. Especially the ones that he was sleeping with during the summer of 2008.
There have been stories, and they are as yet unsubstantiated by me, that Mike was known to frequent a local establishment with one of his women.
But I'm sure Mr. Sodomsky will tell us all that a cheater does not a murderer make.
And that is true in some cases.
Angie wouldn't be believable even now with out emails and a pregnant profile to back her story up.
If you were attempting to come up with a defense, what options would you have?
- A robber hopped or opened the gate on the fence and beat, strangled and drowned Jan Roseboro. He or she then hung around, washed blood from the area around the pool, off of their hands, cleaned the bottom of their shoes to leave no traceable footprints and left themselves out the gate through which they entered, leaving no fibers, dropped jewelry, hair strands behind.
- The aforementioned robber then NEVER hocked or pawned the stolen jewelry. They must have kept it for their own use.
- The robbers just happened to choose that house, that night, and that person, fully unaware that the woman they were about to rob and kill had a husband who told his mistress that he was going to tell his wife he was leaving her. It is a total coincidence that they chose that night, hours after the woman's husband had emailed his mistress professing his love, telling her that he had to have her as his wife, and he had to become her husband.
That qualifies Mike Roseboro for a spot on the show "Worst Week Ever".
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