The man charged with murdering a man in front of his mother while robbing a Kearny jewelry store in 2009 is on his fifth lawyer and today he told a judge that the court is forcing him to represent himself.
KEARNY -- The Bloomfield man charged with murdering a man in front of his mother while robbing a Kearny jewelry store in 2009 told a judge today that the court is forcing him to represent himself.
"I just feel like my case is being toyed with here -- no offense," said the soft spoken John DeRosa, 57, who is charged with fatally shooting Xavier Egoavil, 47, of Kearny. The victim was gunned down during the robbery of his Rachel Jewelers on Kearny Avenue at 8:45 a.m. on Aug. 18, 2009.
"I just don't think that it's very fair what is going on, with all due respect," DeRosa, who is on his fifth lawyer, told Hudson County Superior Court Judge Joseph Isabella this afternoon. "I'm not trying to be a hassle."
But Isabella told DeRosa that "Most times, attorneys were changed based on your action."
Isabella noted that DeRosa did not cooperate with his first attorney and did not get along with his second attorney. The judge said his third attorney was overwhelmed at his practice and had to give up the case, while his fourth attorney became a judge.
That has led to the appointment of a fifth lawyer, Scott Finkenauer, who said in court that "I have seen the file. It's gonna take me at least six months to be ready to try this case." DeRosa said the continued delay is making him consider representing himself.
However, Isabella resented DeRosa's accusation that the court is trying to force DeRosa into representing himself.
"You are a very bright person Mr. DeRosa so don't even try to trample the court with that completely disingenuous statement. I am not trying to make you go pro se. I have given you more lawyers than anyone in the state of New Jersey.
"I would prefer you not go pro se," Isabella added. "It's a disservice to you and I would not like to see that happen."
When the judge asked DeRosa to decide between representing himself or sticking with Finkenauer, he replied: "Judge, is it at all possible that I could just think this over? It's a big decision for me. I know it's a big decision for me to go pro se."
To that, Isabella told DeRosa that as of now he still considers Finkenauer to be his lawyer and will continue in that capacity.
"I'm going to bring you back Dec 15, Tuesday, and if you tell me you want to represent yourself, let it be so," Isabella said. "In terms of a trial date, I am more than willing to give Mr. DeRosa his day in court."
Isabella went a step further and said that if DeRosa chooses to represent himself, the trial will start on April 19 and if he chooses to be represented by Finkenheur, it will start four or five months later.
DeRosa has already done time in prison for a 1987 manslaughter in Essex County and he has had contacts with the justice system going back as far as 1970, according to state corrections records.
The prosecution alleges that when two men entered the store and announced a robbery, Egoavil scuffled with the gunman, who opened fire, striking Egoavil in the head, back, thigh and chest before the robbers stole jewelry and ran to a getaway car. DeRosa is charged as the gunman.
The accused getaway driver, Elvis Feratovic, 30, of Bloomfield, was charged with felony murder. He pleaded guilty to robbery and has agreed to testify against DeRosa. Edmir Sokoli, 29, of Bloomfield, was also charged with felony murder and has pleaded guilty to robbery. He too has agreed to testify against DeRosa, the prosecution said.