PITTSBURGH (KDKA) — A trial date has been set for East Pittsburgh Police Officer Michael Rosfeld, who is charged with fatally shooting Antwon Rose II earlier this year.
During a pre-trial conference Tuesday, it was determined that the case will go to trial beginning on Feb. 26, 2019.
Rosfeld was in the courtroom for the conference, and had a nervous look on his face.
The biggest question brought up to Judge Anthony Mariani inside his courtroom Tuesday morning was whether or not he is fit to preside over the case.
Both the Commonwealth and defense took a break so they could determine whether or not Judge Mariani can immediately appeal a motion to remove him from the case if one is filed. After the break, defense attorney Patrick Thomassey was told that he has to put something in writing by Sept. 19 whether or not he will pursue that.
Two days after Rose’s shooting death in June, Mariani appeared on a PCNC show called “Night Talk.”
Thomassey says Mariani commented on facts, such as whether or not the shooting was justified and whether or not training was adequate.
A motion for the judge’s recusal was denied Tuesday, but it may be raised again.
TRIAL DATE SET for February 26, 2019 for Officer Michael Rosfeld’s case. He is accused of killing Antwon Rose II. Motion made for Judge’s recusal was denied, but it may be raised again. I’ll explain on @KDKA at 5:00 & 6:00! pic.twitter.com/x5mJQ4InRf
— Julie Grant (@JulieGrantEsq) September 11, 2018
Judge Mariani said he made no biased comments on the show and is fit to preside over the case.
Another possible motion discussed during the hearing was whether or not a jury should be picked from elsewhere.
Lastly, the prosecution suggested to Judge Mariani that some pages from the police reports be withheld so they can’t be used as evidence for the defense. Thomassey was not a fan of that possible motion.
A hearing date is scheduled for Sept. 21, if Thomassey wants to pursue that argument.
A status hearing is scheduled for November.