Archives for:

"Mark Anthony De Simone"

Trial of former Arizona lawmaker in Juneau may receive nationwide attention

The trial of a man accused in the death of a jeweler in Excursion Inlet may have a nationwide audience.

Mark Anthony DeSimone, 55, is accused of shooting Duilio Antonio “Tony” Rosales, 34, twice in the back of the head in May 2016.

Because of DeSimone’s history in Arizona, his case has received significant attention from outside Alaska.

DeSimone served in the Arizona House of Representatives until he was forced to resign.

He was arrested in June 2008 for assaulting his wife while his young daughter watched.

The Associated Press is covering the trial for newspapers and broadcasters in Southwest U.S. while the Law and Crime Live Trial Network may be live streaming the entire trial.

Law and Crime was created by Dan Abrams, who is also chief legal affairs anchor for ABC News and the host of LivePD on the A&E Network.

The Washington Post published stories about the incident and pending start of trial, as well as the New York Times.

Jury selection began Wednesday.

The Juneau Superior Court trial is expected to last as long as three weeks.

DeSimone faces two counts of second-degree murder, and one count each of first-degree murder, manslaughter and criminally negligent homicide.

Rosales worked as a jeweler for Bill Young, owner of the former Jewel Box store in downtown Juneau while DeSimone worked as a day laborer.

At the time of the shooting, Young hosted a group of people — including Rosales and DeSimone — during a hunting trip in Excursion Inlet.

During a pre-trial hearing last week, prosecutors and DeSimone’s defense agreed to the type of photos of Rosales  that could be shown to jurors without being prejudicial to DeSimone’s defense.

The attorneys also agreed to the boundaries of testimony about medications photographed by investigators inside a cabin room, and the size and shape of stippling or blood patterns at the shooting scene.

DeSimone’s defense also made the rare and unusual request to “dry fire” the alleged murder weapon at trial.

Alaska court rules specify that all firearms presented as evidence must be unloaded and disabled, but a judge could make an exception.

DeSimone’s defense wants to use silicone dummy rounds to demonstrate the action of the .41 Magnum double-action revolver.

Morning update — Thursday, April 26, 2018

In this newscast:

You can hear these stories and more at ktoo.sandbox.5mts.com/listen.

Jury selection to begin Wednesday in Excursion Inlet homicide trial

The Mark Anthony DeSimone homicide trial is back on track, only a few days behind schedule. Jury selection is scheduled to begin Wednesday.

Mark Anthony DeSimone
Mark Anthony DeSimone (Photo by Matt Miller/KTOO)

A prosecution witness testified during a pre-trial evidentiary hearing Tuesday in Juneau Superior Court about a comment DeSimone allegedly said to him immediately after the May 2016 shooting of Duilio Antonio “Tony” Rosales.

The witness said he later passed on the information to the Alaska State Trooper investigator in charge of the case.

The investigator testified he had no record of that particular conversation with the witness.

Judge Philip Pallenberg didn’t believe it was a discovery violation or there was any misconduct involved with disclosure of the new information.

DeSimone’s defense doesn’t need a continuance or delay to review the witness’ statements, and Pallenberg scheduled the trial’s jury selection to begin Wednesday morning.

DeSimone is accused of shooting Rosales at a hunting cabin in Excursion Inlet. Trial was scheduled to begin Monday until the witness revealed DeSimone’s alleged comment Friday.

Pallenberg asked Lemon Creek Correctional Center staff Tuesday to allow DeSimone to change into clean civilian or street clothes for each day of the trial.

During previous trials, defendants were forced to wear dirty civilian clothes or prison-issued slip-on shoes, which could be prejudicial in the jury’s eyes.

Pallenberg referred to a 1974 Alaska Supreme Court case that specified “every defendant should have the appearance and dignity of an innocent man,” and they should be clean and presentable with an opportunity to shave and shower.

Recovery of old evidence delays DeSimone trial

The recovery of old evidence has delayed the trial of a former Arizona lawmaker.

Mark Anthony DeSimone
Mark Anthony DeSimone (Photo by Matt Miller/KTOO)

Jury selection was scheduled to begin Monday in the case of Mark Anthony DeSimone, 55, who is accused in the shooting death of a jeweler in Excursion Inlet.

The prosecution recovered old evidence and the defense has not been seen it yet.

DeSimone allegedly shot Duilio Antonio “Tony” Rosales, 34, twice in the back of the head in May 2016.

DeSimone faces two counts of second-degree murder, and one count each of criminally negligent homicide, manslaughter and first-degree murder.

The Juneau Superior Court trial could last as long as three weeks.

While the prosecution was preparing for trial, it discovered a second interview between investigators and a key witness in the case.

The prosecution agreed to an additional hearing Tuesday morning out of fairness to DeSimone’s defense to determine whether the information is important for use during trial or if it should be suppressed.

Whether the issue will cause a significant delay in the trial is unclear.

DeSimone served in the Arizona House of Representatives until he was forced to resign.

He was arrested in June 2008 for assaulting his wife while his young daughter watched.

DeSimone stands trial next week for alleged Excursion Inlet homicide

A Southeast homicide case is headed to trial in Juneau next week.

Mark Anthony DeSimone
Mark Anthony DeSimone (Photo by Matt Miller/KTOO)

Mark Anthony DeSimone is accused of shooting Duilio Antonio “Tony” Rosales, 34, near an Excursion Inlet cabin in May 2016.

DeSimone is a former Arizona lawmaker who faces two counts of second-degree murder, and one count each of first-degree murder, manslaughter and criminally negligent homicide.

During a pretrial hearing Tuesday, DeSimone’s defense attorney said they planned to call an expert witness that will testify about “involuntary muscle contractions relating to the discharge of a firearm.”

But the judge specified that the witness will not be allowed to testify about any particular facts in DeSimone’s case.

DeSimone will be 55 years old on the day after his trial starts Jan. 2.

Unprocessed Excursion Inlet homicide evidence could delay trial

Mark Anthony De Simone
Mark Anthony De Simone as he appeared in May 2016. (File photo by Matt Miller/KTOO)

An Excursion Inlet homicide case is scheduled to be heard by a jury in four months, but the defense says it doesn’t have the evidence it needs to go to trial.

Mark Anthony De Simone is accused of shooting 34-year-old Duilio Antonio “Tony” Rosales twice in the back of the head in May 2016.

De Simone appeared in Juneau Superior Court last week, now 54 years old with his hair grown out and grayer than in earlier appearances.

De Simone’s attorney, public defender Tim Ayer, seemed frustrated about delays in getting processed evidence from the state crime lab as part of the pre-trial discovery process.

Assistant District Attorney Amy Paige says her office just received a report on fingerprint analysis, but not the laboratory analyst’s notes and data. The backlogged lab is likely still working on DNA analysis. Paige also indicated that an Alaska State Trooper who investigated the homicide was recently reassigned to another post in Southcentral Alaska, complicating the handover of investigative notes and other potential evidence.

The trial is scheduled for May 15 with a pretrial hearing a week earlier.

De Simone, a former Arizona lawmaker, faces two counts of second-degree murder, and one count each of first-degree murder, manslaughter and criminally negligent homicide.

Site notifications
Update notification options
Subscribe to notifications