Death penalty sought at trial for killer in Fontana robbery

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Earl Eugene Rose has shown a pattern of violent conduct and lack of care for his victims that culminated in the deadly shooting of a 15-year-old girl in a 1998 Fontana robbery, say prosecutors.

Deputy District Attorney Cary Epstein also told a jury Monday that when they hear evidence for and against the death penalty for Rose, they will see evidence that supports the state's ultimate punishment outweighs the latter.

"The only appropriate punishment is the death penalty," Epstein said, during his opening remarks in the next phase of Rose's trial.

The same jury found Rose guilty in December of murder in the death of Nora Rodriguez as well as shooting and wounding the girl's aunt and uncle during a robbery at a Ceres Avenue business in Fontana.

Now prosecutors are seeking the death penalty for Rose. But defense lawyers say Rose is not among "the worst of the worst" and is better served by spending the rest of his life in state prison without the possibility of parole.

Deputy Public Defender John Zitny told jurors that they need to look at a person's entire life and can't just reach inside a person to execute the bad parts.

"When you execute someone, you execute the whole person," Zitny said.

Jurors will hear a whole new set of testimony, loaded with aggravating and mitigating factors, then render a verdict in the next couple of weeks.

The prosecutor told jurors that Rose began a pattern of several robberies in 1993 in Los Angeles County until he was convicted the following year. Rose assaulted his victims and took cash, wallets and credit cards.

The defendant was released from prison in 1998, and three months later, he robbed and shot a Fontana man in his driveway. Rose then robbed Luis and Ana Rodriguez, who were with Nora, of cash and a watch at the Ceres Avenue business.

"But as you heard, that wasn't enough," Epstein told the jury. "Because he still proceeded to shoot that entire family."

Nora had lived in Mexico, and the teenager was with the Rodriguezs only five days before she was killed.
Luis Rodriguez testified Monday that he and his now ex-wife had visited their niece in Tijuana many times before she joined them in Fontana.

The teenager had lived with her mother, who was deaf and mute, and her grandmother. Her father was killed in a crash. The Rodriguez family had hoped to give Nora an education and a better life.

"She was a very good kid," Luis Rodriguez said. "She deserved the opportunity."

Luis Rodriguez said he suffered a lasting injury to his face and jaw because of the shooting, and he doesn't think he will ever be the same.

Defense lawyers for Rose pointed to his upbringing as reason for sparing his life. Rose's mother was 17, an alcoholic and drug user when she had him. The defendant's father was also 17, a street gambler and used drugs and alcohol.

Zitny told the jury that Rose is bipolar and suffers from schizophrenia. As a child, the defendant was abandoned, abused and grew up in a dingy home that smelled of stale alcohol.

"He was abandoned as a child, days at a time," Zitny said. "Sometimes weeks at a time."

In prison, a guard recommended Rose to a psychiatrist who put him on medications for mental illness, said Zitny. When Rose left prison, he stopped using the medications.


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Merielem said:

I am thankful to all asrewne's of my Question related to Misty Mesentery . They are all best. So I can not Choose best to all of them.From Then I learned so many things So I thought to write full report. My husband had mild pain in his right waist exemplaryys. So we went to Doctor. Blood and urine report were. Ok. But In X ray doctor found lots of feces in Iliac. Colon junction. We are vvegetarian and my husband eats lots of Fibers. His eating habits are examplary. Except if he eats too much I can not say.I will say just the dinner at 5Pm is big meal. The Xray was taken at 1 am. Doctor suspected Cancer. So he ordered Barium Aneama DC.In That too there was food on that portion but there was not structural problem. but due to food radiologist was unable to find polyp if they were there. He found Slip of L4 on L% and symptoms of Kind of osteoporysis on L4 And L5. The evening before Aneama his dinner soup was not Clear. It was lentil soup in a glass. 1/4 was just very fine lentil. rest was just clear. And then we went for CT.Ct report is this CT of the abdomen and pelvis were performed following Oral and intravenous contrast. The Liver and the spleen are normal without evidence of enlargement or any space occupying process. The pancreas and the right adrenal gland are normal. There is a small Nodule in the left adrenal gland. Which may be fatty in nature and may represent and adenoma. This nodule measures 1.2 cm in diameter. A tiny stone is seen in the Collecting system of the right kidney. A Large (8mm) stone is seen in the Collecting system of left Kidney.I see no evidence of retroperitoneal Lymphadenopathy.Quite strikingly, there is increased density of Mesintery with the apearence of what is termed as Mesenteritis or Misty mesentery . What is unusual about this is that I see several other FOCI of increased density in the mesenetry anteriorly, Quite seperate from central opacification. Misty mesentery is usually a BENIGN, poorly understood, condition. There are Mimickers, however which include TB, Carconoid, and Metastatic disease.Cuts extending into the pelvis show normal anatomical structures without evidence of Iliac or inguinal Lymphadenopathy. There is moderate prostatomegaly and thickness of the bladder wall.The lung bases are normal.The Lumber spine and pelvis are free of Osteoblastic/osteolytic.I am 54 years old and I do not have children so my husband is everything for me.I got married at late age. I Know some humen anatomy and Physiology. I have a B.Sc degree. My husband has 2 children. Please explain advice and guide me in detail What to ask. My husband's appointment with Gasteriointerionology is on 20th May and for his inlarged prostate ( which we already knew ) is on 5th. it to me in detail.Is there any thing in the report which may be the reason of misty Mesentery? Or any other thing which can cause serious problem?I am O.K. Now after reading the answers of my Misty Mesentery answers . Otherwise I was thinking I will loose my mental balance. I was unable to sleep. Some day 3 am some day 1 am.I live in a french city and I do not speak and understand French very well.Once again Lots of thanks to all those who asrewned my questions and made be breath normally.But if you are not a Doctor please do not answer.

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The latest news from courthouses across the Inland Empire as reported by Mike Cruz, staff writer for the San Bernardino Sun and Inland Valley Daily Bulletin.

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This page contains a single entry by Mike Cruz published on January 4, 2010 7:13 PM.

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