Pre-trial motions heard in Rosario attempted murder case
Before jury selection began Monday morning in the trial of a Topeka resident charged with the December 2013 rape and attempted murder of a Holton woman, attorneys attempted to tie up some loose ends in the case on Friday in Jackson County District Court.
A five-day jury trial for Filip Chase Rosario has been set for this week, and during a pre-trial motion hearing on Friday, District Court Judge Micheal Ireland granted Rosario and his attorney, Ron Evans of Topeka, the opportunity to review a video interview with the alleged victim in the incident.
Ireland also told Evans and Jackson County Attorney Shawna Miller that only personal conduct between Rosario and the alleged victim should be considered during the trial. A motion had been filed to consider the personal conduct between the victim and others with whom she had been in previous relationships, but Miller said the motion amounted to an attempt to “bad-mouth the victim.”
Rosario has been charged with attempted capital murder, two counts of aggravated criminal sodomy, two counts of rape, aggravated kidnapping, aggravated battery and criminal threat, all felonies, in the December 2013 incident, which reportedly occurred in Holton. He is currently being held on $300,000 bond.
On Friday, Evans told Ireland about his concerns with copies he received of the alleged victim’s video interview, saying that discs the interview were on “tainted” discs that his computer system wouldn’t play. Miller replied that the discs worked on her computer and on a computer at the Jackson County Sheriff’s Office.
Ireland told Evans that regarding the interview disc, “you should’ve brought it to me before now,” but granted Rosario a chance to review the disc, adding that “I want him to be certain that it plays.” Ireland also told Rosario that he would not be able to “start and stop it yourself” during the review, noting Rosario’s request to review the interview “a minimum of three times.”
Following jury selection on Monday morning, Miller opened the prosecution's side by presenting testimony from Det. Al Dunn of the Jackson County Sheriff's Department and a video recording of an interview with the alleged victim, both of which gave the victim's account of the events in December 2013. Evans said he would wait until Miller had presented all evidence before presenting his opening statement.