Jury selection began Wednesday for the trial of Mark De Simone, accused of the 2016 murder of Juneau jeweler Duilio Antonio “Tony” Rosales. The going was very slow, as travel plans and previous media exposure resulted in some jurors being dismissed.
De Simone, 55, was present in court Wednesday as dozens of prospective jurors filled a courtroom at the Dimond Courthouse. Judge Philip Pallenberg and both attorneys —Assistant Public Defender Deborah Macaulay and Assistant District Attorney Amy Paige — directed questions at the possible jurors, trying to determine who should be on the jury for what projects to be a lengthy, complex trial.
The jury selection process did not finish Wednesday, and will continue into Thursday. Pallenberg called the process “laborious” as he spoke to prospective jurors in the afternoon, in reference to speaking with so many of them individually. The day started with more than 50 prospective jurors, with Pallenberg and attorneys talking with more than 20 of them individually and dismissing a few.
To be safe, Pallenberg decided at the end of the day Wednesday, they will call more jurors in Thursday afternoon in case they run out of qualified jurors out of their current selection. The goal, Pallenberg said in court Wednesday morning, is to select 14 jurors to sit through the trial. Twelve will eventually deliberate.
Two themes stood out among those who were questioned. These people had been summoned to be on duty for the month of April, and many had made either work-related plans or personal travel plans. That was a problem Pallenberg foresaw during a hearing Tuesday.
Another theme that stood out was that this case had been widely publicized. Rosales, 34, was found deceased with two gunshots in the back of his head on May 15, 2016. Local, statewide and national news outlets ran stories about the incident, especially regarding De Simone, who was indicted for murder immediately following the incident.
De Simone, according to reports at the time, is a former Arizona legislator who was living in Juneau in 2016. The Arizona Republic reported in 2008 that De Simone was arrested on charges of domestic violence and stepped down from his job with the legislature. The charges were later dropped, the New York Times reported.
He and Rosales, along with others, were on a hunting trip near Excursion Inlet when the shooting occurred, according to court documents.
Jurors were asked questions about what they had read in media reports and what they had heard from friends both in person and on social media. Some admitted that what they had heard about the case might prevent them from being impartial, while others said they were confident they could remain unbiased.
A small group of Rosales’ friends and family members was in court for much of the day Wednesday to observe.
Jury selection had already been delayed by two days due to new witness testimony that arose last week. Previously, attorneys have estimated that the trial will last for three weeks.
• Contact reporter Alex McCarthy at 523-2271 or amccarthy@juneauempire.com. Follow him on Twitter at @akmccarthy.
Duilio Antonio “Tony” Rosales, pictured, was fatally shot in 2016. Rosales, a Juneau resident, was 34 at the time. (Courtesy photo | Rosales family)
