Man accused in rapes now charged with murder
Grand jury hands down murder indictment against Mario Rosales-Trejo, already charged with twice raping an elderly East Naples woman, who later died.
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Friday, March 30, 2007
A 32-year-old man already charged with twice breaking into an East Naples woman’s home and raping her in 2005 has now been indicted on murder charges.
A Collier County grand jury handed up an indictment Wednesday charging Mario Rosales-Trejo with first-degree felony murder, two counts of sexual battery with a deadly weapon or great force, two counts of first-degree burglary with assault or battery, and third-degree grand theft.
The indictment was handed up to Circuit Court Judge Fred Hardt, who will arraign him Monday. Rosales, who also had used the name Mario Trejo-Rosales, is being held without bond in Collier County jail.
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The 69-year-old woman who was attacked and raped on Jan. 24, 2005, and again on Jan. 31, 2005, died less than a month later, on Feb. 28. Due to the sexual nature of the case, her name is being withheld.
A report by a Collier County Sheriff’s Office investigator called the attacks “extremely violent” and detectives have said the second attack was more brutal than the first.
The woman’s daughter, who lives in Naples, could not be reached for comment Thursday, nor could the victim’s brother.
At a hearing last fall, Assistant State Attorney Steve Maresca, who is prosecuting the case, said a medical report from a nephrologist, who treats kidney disease, tied the sexual assault to the cause of death, organ failure.
On Thursday, Maresca wouldn’t say whether they had DNA evidence linking Rosales to the rapes, or comment on the strength of the evidence against Rosales. However, he said he’s confident proceeding with the murder charge and the 21 people on the grand jury found enough evidence to return a murder charge.
“There’s significance evidentiary question as a result of her death,” Maresca said. “Whenever there’s a death of your main witness, there are certain difficulties.”
Last fall, Assistant Public Defender Shawn Nagle said he intended to file a motion to quash the woman’s statement detailing the attacks. But his office held off until the indictment. Because the defense can’t cross-examine a dead witness, as they are entitled to under the law, the statements can’t be used in the murder trial.
Chief Deputy Public Defender Mike Orlando, who is now handling the case, said he hadn’t seen the indictment or reviewed the file yet, so he couldn’t comment on the strength of the defense’s case.
“The timing of the death and the circumstances of the death are certainly going to be an issue,” Orlando said Thursday. “Obviously, the case has taken a different turn with the new charges.”
Rosales could face the death penalty on the felony murder charge, which also is punishable by life in prison. Felony murder is charged when a death occurs during the commission of a violent felony and is equal in seriousness to first-degree premeditated murder. Rosales already had been charged with six counts of rape — charges also punishable by life in prison — and various other offenses, including burglary, grand theft and resisting arrest.
Court records and investigators have given the following account:
Rosales broke into the woman’s house at 10:30 p.m. Jan. 24, 2005. She said she thought it was her grandson, who often visits, but when she saw it wasn’t, she tried to close the door. Rosales then grabbed her by the arms, pushed her inside and raped her.
She told deputies he spoke Spanish to her, which she didn’t understand, and she tried to “play dead,” remaining motionless until he left. He stole three rings and three necklaces valued at $1,500.
The woman stayed in her home for several days until she went to a doctor to get her back checked out. She told the doctor what occurred and the doctor reported the rape to authorities. Deputies added extra patrols in the neighborhood.
But he returned at about 2 a.m. Jan. 31, as she was watching TV. She said he forced open the sliding glass door, threw her to the floor and raped her. She told investigators he smelled of alcohol, spoke to her in Spanish, and once said, “I love you” in English. She
