Judge’s loose lips forces him to recuse himself from Antwon Rose case

• Share on Facebook
• Share on Twitter
• Share via Email
• Copy Link

  Link Copied

 The judge overseeing the murder trial of Michael Rosfeld, the East Pittsburgh cop who shot Antwon Rose, has recused himself from the case following controversial remarks on a TV show.

Judge Anthony Mariani made his decision last Wednesday, citing an “appearance of impropriety.” Rosfeld’s attorney, Patrick Thomassey, had asked Mariani to recuse himself.

READ MORE: Upstate New York bar stands by ‘racist’ dress code

Thomassey cited comments Mariani made on June 21 – two days after the shooting – during a cable news program about whether the shooting was justified before he was assigned to the case.

“Frankly, shooting somebody running away — even if you think that person committed a felony — when he clearly doesn’t have a weapon on him, is not acceptable, as it was 50, 60 or 70 years ago,” Mariani said. “An officer can’t just shoot somebody because he’s heard that somebody may have had a gun, but when he comes upon that person, he sees the person’s hands and doesn’t see a gun.”

The comments were made before he was assigned to the case. Mariani said on Sept. 13 that he believed he can still be fair and had no intention of stepping down.

READ MORE: Watch: Michelle Obama officiates wedding for lucky Chicago couple [VIDEO]

Rosfeld, 30, is charged with criminal homicide in the June 19 shooting of Antwon Rose as the teen fled after officers stopped the car he and friends were driving in. The rookie officer, who had been sworn in that day just a few hours earlier, was charged after investigators said his story changed during his interview.

Mariani will be replaced by Judge Alexander Bicket, who issued a gag order in the case.

Lawyers for Rose’s family said they believed Mariani could be impartial, but added his decision showed his integrity. They also praised Bicket’s abilities and said he would handle the case fairly.