Trial date set for South Whitehall police officer in fatal shooting
A Lehigh County judge has set a trial date for a former police officer who is facing criminal charges for a fatal on-duty shooting last year near Dorney Park.
Jonathan Roselle, 33, of Parryville, a former officer with South Whitehall Police Department, will go to trial Sept. 24.
Roselle was charged with involuntary manslaughter for the July 28, 2018, death of Joseph Santos, 44, of Hasbrouck Heights, N.J.
Roselle was in court on Friday with his attorney to discuss a motion to dismiss the charges against him.
During the hearing, Chief Deputy District Attorney Jeffrey Dimmig, who is prosecuting the case, said he expects Lehigh County District Attorney Jim Martin to participate in the trial.
Judge Kelly L. Banach issued an order stating people attending the trial could not wear T-shirts demonstrating support for Santos or for law enforcement.
Outside the courthouse, it was an emotional scene as the mother of one of Santos’ three children talked about the impact his death will have on her child and his two other children for the rest of their lives.
Arlene Figueroa is the mother of the youngest of Santos’ three children, Jodessy Santos.
She said seeing Roselle in the courtroom reminded her of the void her young daughter felt over the holidays not being able to spend it with her father.
“My little girl for the new year had to kiss a chain and hold a little urn of ashes,” Figueroa said.
“That was the closest she got to her daddy for New Year’s.”
Figueroa was joined by an attorney representing two of Santos’ three children and members of Make the Road PA, an organization for Latino communities, which is advocating for Roselle to face prosecution.
During the motions’ hearing, the prosecution admitted into evidence dashboard camera footage and body camera footage from the shooting, and the autopsy report on Santos.
Banach said she would give Roselle’s attorney, Gavin P. Holihan, until March 9 to file a brief supporting his motion to dismiss the charges.
Banach gave Dimmig two weeks from that date to respond before she decides whether or not to grant the motion.
Banach scheduled the trial for Sept. 24, in the event the motion to dismiss charges is not granted.
Both sides are to exchange reports from any experts they plan to call at trial by July 15.
A pretrial conference is schedule to take place Aug. 16.
Banach also said that at all court dates going forward, she would be enforcing a decorum order setting rules in the courtroom.
Cellphones must be powered off, not just silenced. Spectators may be searched upon entering the courtroom.
“I want to ensure we have the level playing field that this case deserves,” Banach said.
Figueroa was wearing a shirt showing Santos and their daughter. She said she wears it to show who he really was, but she understood the reasons for the judge’s order.
“It was an even decision,” Figueroa said. “If I can’t wear my shirt with his picture, if she can’t wear anything with her logo, then they can’t wear anything with the police department either.”
There were supporters on both sides.
Jessica Koput supports Roselle and is part of a community who posts on the “Support Officer Jonathan Roselle” Facebook group. She said while Santos’ death is a tragedy, police need the support of the citizens they swear to protect.
“We currently live in a country where some are prosecuted for doing their job, some are not,” Koput said. “We see this so often when it comes to our police.
“This is a tragic incident. However, we must trust our police are doing their job by protecting our communities.”
Jeffrey Simms, an attorney for Santos’ two youngest children, said he is planning to file a wrongful-death suit to ensure Santos’ children are appropriately compensated.
?Maegan Llerena, deputy director of Make the Road PA, said the case goes beyond Jonathan Roselle, and recent convictions against other officers across the country show the criminal justice system needs to change.
“This is about officers being put in a position where they can easily kill black and brown people. Black and brown people have to suffer, and they know the color of their skin is a weapon which is used against them no matter what,” Llerena said.