Parents: Our son is innocent
Stanley M. Rose Jr.
No one disputes that Sharon Shifflett was attacked, brutally beaten and robbed in her home nearly a year ago.
But not everyone is convinced that the right man is about to pay for the crime.
In September, a Culpeper County jury found 38-year-old Stanley M. Rose Jr. guilty of four felonies stemming from the attack on a cold January night in 2007.
Scheduled for sentencing on Monday at 1:30 p.m., Rose faces up to 24 years in prison for crimes that his family and Rose himself say he did not commit.
In fact, his family says there is evidence that was not presented in court that would exonerate him.
Rose had also faced a felony charge of cruelty to animals for causing the death of a puppy during the attack, but on a motion from Rose’s defense attorney Kevin Smith, that charge was dismissed.
Case Background
During a two-day jury trial in September, Shifflett testified in court that she was at her residence in the 11000 block of Sperryville Pike around 7 p.m. on Jan. 20, 2007.
She said she had taken her two puppies outside to allow them to relieve themselves and play. But as she was preparing to take them back in, Shifflett said a man dressed in all black approached her from behind and knocked her down as she was standing on her porch.
“After he knocked me down,” Shifflett testified, he kicked (a puppy) off the porch,” she said. The attacker then dragged her inside. “Then he grabbed a dining room chair, picked that up and hit me with it. I pretended he had knocked me out because I didn’t want to be hit no more.”
While the attacker ransacked the house, Shifflett said she tried to escape outside, but was caught.
When her ex-husband pulled into the driveway, the man fled, taking $400 in cash and a few small items with him. Shifflett, now 50, was taken to the hospital and has since recovered. Rose was arrested nine months later, when he was linked to the crime through DNA evidence.
However on cross examination, Shifflett admitted that she saw only the eyes of her attacker, while investigators confirmed that she had identified another man in a police photo lineup.
Rose testified at trial that on the night in question, he left the Washington, D.C. area around 7:30 p.m. after having dinner with family members. He also denied involvement in the attack on the witness stand.
But DNA evidence, which was key in the case presented by Deputy Commonwealth’s Attorney Paul Walther, was apparently the smoking gun for the jury, who also heard from a state forensic scientist who testified that Rose’s DNA, which was found on articles of clothing near the scene of the attack, linked him to the crime. The defense testified that Michael Brown, who was living with him at the time, may have planted the clothing as evidence.
The jury’s decision came following with six hours of testimony from more than a dozen others, and several hours of deliberations. Judge John G. Berry revoked Rose’s $25,000 bond which was granted in March.
A phone call to Smith’s office Friday was not immediately returned.
Excluded evidence could exonerate, says family
Rose’s parents Geraldine and Stanley Rose Sr. say that while the case is officially nearing its end, for them, the entire ordeal is far from over.
“There is evidence that aside from causing reasonable doubt, there is evidence that clearly proves number one that my son was set up, there’s evidence that proves that my son is innocent and it was never presented in court,” said Stanley Rose Sr. Specifically, the family points to several things that trouble them about the case.
First, is the testimony of an informant who said he overheard Brown boasting about his involvement in the case. But at trial, the prosecution successfully managed to keep most of what the informant said he overheard in a downtown bar from the jury’s ears. Rose’s parents say that the informant’s testimony had substantial value that would have cast doubt on the prosecution’s case.
Second, Geraldine Rose says that the jury didn’t get an accurate picture of Deborah Livingston. Called by the prosecution, Livingston testified that she overheard Stanley Rose Jr. profanely boasting about how he attacked Shifflett. Again, she said that questions about Livingston’s background that may have cast serious doubt on her reliability as a witness were not brought out.
“(Smith) didn’t even bring out the fact when he was told that this same woman was the one who put up money to have my son bonded out. Now all of a sudden she’s coming back saying that she heard him say that he did it,” said Mrs. Rose.
Both parents also say their son has suffered several back injuries, has been under a doctor’s care and wouldn’t have been able to drag anyone around as the attacked is accused of doing.
Finally, Stanley Rose Sr. said the most disturbing fact is that while the investigation was in progress, a detective told him off the record that the attack bore more signs of a domestic dispute, rather than a random attack and even hinted that they might not be looking at the right person.
Next steps
Under Virginia law, the sentencing order must be signed before the appeals process may begin.
An appeal must be filed within 30 days and the family has indicated they plan to do so.
The family has also said they’ve solicited the advice and legal counsel of the National Action Network. Founded by the Rev. Al Sharpton in New York city in 1991, the organization is best known for bringing attention to several issues including racial profiling.
Nate Delesline III can be reached at 825-0771 ext. 110 or .
Reader Reactions
I hope it’s not to late to add my comments. The late hours are the best time to reflect clearly. Maybe, someone should go to Blockbuster to rent a movie called, “Trading Places.“ It is a comedy with truth. Eddie Murphy who is black, plays a homeless person on drugs, plus he’s a street hustler. Than there’s Dan Ackroid, who is white. He plays this big CEO who is up for partner. You know, the ones with the whitecollar jobs. Let me give you an example, big firms like ENRON who robbed people out of their retirement funds. Anyway, a $1 bet was made against the two men. The bet was to turn the hustler into the professional CEO and turn the CEO into the hustler. Guess what? Rent the movie…you will see there is no perfection in any race. We all make mistakes. But right is right, the case should fit the crime not your character…. It kind of bring me to a court case where a Prostitute was raped by the working class gentleman. The gentleman thought because she was a Prostitute she had no legal rights… We all have rights and justice will prevail. Or take one moment and close your eyes and pretend it was one of your relatives. I rest my case.
Jeri Rose, you should have some email from me soon.
TO JOHNLLOYDSCHARF, I APPRECIATE YOUR INSIGHT AND WANT YOU TO CONTACT ME AT SGROSE637@AOL.COM AND I WLL SEND YOU EVERYTHING TO ASSURE YOU ,WE ARE NOT HIDING ANYTHING. MY SON TODAY HAD ANOTHER HOLD OVER DUE TO THE BURNING DOWN OF THE PROBATION OFFICE IN CULPEPER AND OTHER OFFICIAL PERSONAL ISSURES. IT TEARS AT MY HEART BEING A CHRISTIAN FOR 28 YEARS NOT PERFECT BUT FORGIVEN TO SEE THESE PEOPLE AND KNOW THAT THEY KNOW THE TRUTH.TO INGNORE THE ISSURE THAT WE ARE A BLACK FAMILY WITHOUT ANY MORE MEANS DUE TO DISHONEST LAWYERS IS VERY PAINFUL. NO ONE WILL EVEN DO PROBONO SO MY FAITH IS WHAT SUBSTAINS ME. I AM NOT RACIST AND SO I SPOKE OF WHAT WAS SAID TO US ,I DON’T NEED TO PLAY THE RACE CARD, WE HAVE EVIDENCE THAT SHOULD BE ENOUGH. I HAVE BEEN IN PLACES TO GET PEOPLE TO CHANGE THEIR LIFE AND I HAVE BEEN IN STREET MINISTRY AND NOW VOLUNTEER WITH PRISON MINISTRY.THERE ARE A LOT OF PEOPLE WHO KNOW US AND THEIR LIVES HAVE BEEN CHANGED BECAUSE OF GOD. WE WERE TOLD DON’T DO THIS AND DON’T DO THAT, BUT OUR SON’S LIFE HANG’S IN THE BALANCE. SO JUST AS I DO FOR GOD I CRY LOUD AND I REFUSE TO STOP FIGHTING UNTIL THE TRUTH COMES OUT . IF RACE HAS BEEN A PART OF THIS , IT IS NOT DESTRUCTIVE TO US WE ONLY WANT THE TRUTH OUT AND THE POLICE TO ARREST THOSE WHO DID THIS CRIME. WE AREN’T PREPARED TO SAY RACE PLAYED APART BUT I DO KNOW HOW MANY BLACK MEN ARE JAILED BECAUSE ,I DID MY HOMEWORK TO BE INFORMED IN DEALING WITH INMATES LIKE I DO.SINCE THE LAST OFFICER WAS BLACK ,I CRY INCOMPETENCE.BUT RACISM IS A DEMONIC SPIRIT THAT NEEDS TO BE EXPOSED AND BLACK PEOPLE MOST OF ALL SHOULD NOT BE FEARFUL TO CALL IT WHAT IT IS,WITHOUT BEING ACCUSED OF USING IT TO BE MANIPULATIVE.I AM WILLING TO TALK OR SEND ANYTHING TO YOU TO LET YOU NOT GUESS BUT KNOW THE TRUTH.IT EATS AT ME TO KNOW THAT HIGH OFFICIALS WILL DO ANYTHING OUT SIDE OF THE LAW TO WIN ,EVEN AT THE EXPENSE OF SENDING INNOCENT MEN TO PRISON AND JUSTIFY IT BECAUSE SOMEONE HAS MADE A PAST MISTAKE IN THEIR LIFE AND ASSUMING THAT THEY NEED TO BE OUT OF SOCIETY,BECAUSE THEY FEEL THAT THE PERSON IS PROBE TO REPEAT THEIR MISTAKE.I AGREE THAT THE SAME ROAD WILL ALWAYS LEAD TO THE SAME DIRECTION ,BUT DON’T PUNISH A HUMAN BEING BASED ON BIAS AND NOT FACT.ONE CASE AT A TIME,I PRAY EVERYDAY AND RIGHT NOW IT’S MY SON, I FIGHT FOR.YOU HAVE KNOW IDEA HOW MANY CALLS I GET DUE TO THESE VERY ISSURES,HUNGRY FAMILIES, PEOPLE BEING EVICTED,PEOPLE CAN’T MAKE HOUSE,GAS ELECTRIC AND THE BASIC NEEDS OF LIFE.THE WHOLE FAMILY SUFFERS WHEN A PERSON GOES THRU A CONVICTION AND ESPECIALLY WRONGFUL CONVICTION SUCH AS MY SON.FROM HIS 80 YEAR OLD GRANDMOTHER THAT WAS TOLD NOT TO TESTIFY BY STAN’S LAWYER BECAUSE SHE WAS TO OLD TO HIS OWN DAUGHTER , TO THE POLICE WHO GREW UP WITH HIM AND SEE INJUSTICE AND CAN’T FIND THE STRENGTH TO ROCK THE BOAT, I UNDERSTAND , TO THE PEOPLE WHO CAN HELP WHO ARE AFRAID OF THE COMMUNITY INSTEAD OF GOD, I DON’T LIKE IT BUT I UNDERSTAND.FINALLY TO BE TOLD WE HAD BETTER LEAVE THE AREA IF WE FORCE THE TRUTH OUT.WE WILL NOT RUN ,FOR FEARING GOD IS MORE MEANIFUL THAN MAN.WE KNOW WE ARE IN A FIGHT BUT SO WAS JOSEPH BUT STILL GOD DELIVED HIM WHEN IT WAS TIME.THRU THIS WHOLE ORDEAL,OUR PRAYER IS THAT AFTER MY SON’S VINDACATION ,THAT HE WILL REMEMBER AND HELP THOSE WHO ALSO ARE IN PRISON WITH HIM, TO NEVER GIVE UP HOPE NOR THEIR TRUST IN ALMIGHTY GOD.
Okay whyme, perhaps race is not an issue but perhaps you yourself have a personal issue with the defendant. Let’s keep the discussion on the facts and not opinion. Besides let he among you without sin cast the first stone…Oh that’s right no Bible, well then how about, O what a tangled web we weave when first we practice to deceive….. No one can judge the heart or the true nature except God, after all if we try people for public opinion or throw out the facts than the judicial system which is for the protection of the people will have failed. What’s in your closet whyme that would shed a non favourable light? If the Commonwealth had done their job correctly there would be no need for this conversation, but because of the multiple mistakes that were made we are discussing this. I would sure hope that if I were ever in trouble that the fact that I took home a pen from the office or I had speeding tickets woul not come up. Relevant issues only please!!!
Since there is some bunching at certain loci in the tests for African Americans, perhaps “race” IS an appropriate topic. Testimony as to the supposed character of the accused are appropriate to the penalty phase but NOT in determining guilt, whyme, and you need to can the “due respect” angle as now we can also see that you have religious biases as well. IF the justice system is always done correctly, you need to explain the 19 exonerations in Dallas, Texas alone. IF you live by the sword you die by the sword. The DA was the one playing CSI and seems to be incompetant at it.
Okay with all due respect Ms. Rose and others there is no need to go with the famous racial speech. I am no where near racial and skin color has nothing to do with my opion. I 100% agree with giving people fresh starts but sometimes the person is too evil to have that luxury. And to everybody else if you can stop playing CSI maybe you should KNOW Mr. Stan Rose(family excluded in this comment)before you are trying to save his guilty self. And please stop with the quotes from the bible this is not the approiate situation for that….......
To Lady H, if you have more details about the DNA testing, I am available at johnlloydscharf@yahoo.com or:
http://tech.groups.yahoo.com/group/DNA-Testing/
Okay for the DNA people, the only DNA of the victims was found on a knife that she admits to picking up and throwing in the bushes. No knife was used in this crime, according to the victim’s statement. So no the victim’s DNA was not found on the defendant’s clothes nor were the defendants DNA found on the victims clothes. ???? In a struggle I would have expected more DNA of both parties (or is there more than 1 assailant?) to be mixed and I would have expected to at least have found the victims DNA on the defendants clothes and or vice versa.
So, they denied his alibi, even though he had to have been there to get the check. There are many contradictions in the testimony of the victim (not unusual). The police did not do a complete investigation because they started making assumptions about what evidence should be collected based on the victim account (unprofessional). Then there are the DNA myths of identification infallibility. Add to that confidential misinformants and you have quite a deal.
hello whyme,you sound like one of the participats that a lawyer told us court officials say to her all the time ,why do you fight so hard for those black people, they aren’t going to change. it is apparent that you have a personal issure. yet I say you don’t have a clue and perhaps you read too many of the articles that was run on my son that never said alledged but always said he was guilty. my advice is .don’t lie you need to read Deut;19 for God have a word about false witness for you. Now JohnLloydScharf,sir the dna on the knife the victim says ,while down on the porch she saw a knife and she threw it into the yard herself.the victim also swore that the hat was factory eyes cut, the one found was cut out by a knife.the victim swore thru all court appearances of the ages,early 20’,and beautiful eyes such as a mixed person,also beautiful smooth skin.there was so much information, that i contacted top lawyers who heard the story and wondered what happened in this case. my son didn’t receive his discovery until the end of oct..we were blown away upon reading.my son was shaving when he went into the airforce after graduating from school. we have many questions and that is why we brought our case to the public. by the way no fingerprints were taken because the first officer says because the victim swore he didn’t take his gloves off.she swore they were leather gloves for she said she tasted the leather. our issure is that this was a rush to judgement.his dna was taken off the neck,and arms and inside of the cap that was found in a tree during a 10 days of people touching and putting on their porches and on wood piles and after sleet,freezing snow and rain.that is why stan’s case was delayed because there should have been more dna,she touched the knife but why wasn’t their more of the victim’s dna after such a attack.listen , i don’t need to and i won’t argue this for it is in black and white and signed by officials of the Sheriff dept.this is just a small portion of the report and we still have stan’s alabi,which is proven for they accepted into evidence a check given to him by his grandmother when he was in washington dc after the commonwealth challanged it as proof.as reported 3 sets of dogs found nothing for 3 hours or more and than the boyfriend after midnight calls the police and say he found cotton gloves and then said he had a pair like that on a wood stack before the storm.this was the same area the dogs all 6 of them went thru. the truth is always last for it takes time to come forth but it will if the honest people of culpeper demand answers. on the stand i was not allowed to finish nor was any of his witnesses.we have faith god will bring the truth out. the lawyer also couldn’t believe who was with us called foul and thought what just happened. i don’t blame the jury. stan had no say so in his defense, for his lawyer ignored everything we requested .by the way we were being given advice by law school teacher and one the leading lawyers in wash.,dc one has 30 years teaching and the other was a DA and he became a court appointed lawyer. they both were ashamed of what happened that 2 days in september in culpeper and they remain after reading the information that this was a miscarriage of justice.yet still freedom cost a lot and no one knows better than my family.thanks to you all who are praying and to you who want the whole truth for yet their is still the real people(she says in discovery their had to be two) ,yet mr brown says in front of the CI their was three ,who are walking the streets of Culpeper as I talk to you.In jan the CI statment was taken and in Feb we found out how the attack took place.for you who still have doubt, reading will help you see thru the smokescreen. by the way i have lived thru 28 january months thru the years and it is pitch dark in this area in the winter months.
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