Robert Charles Rosen’s attorneys say they can prove rape allegations against him are false, but the prosecutor trying the felony cases says the 18-year-old defendant confessed to one of the charges.
“The defendant has made a full, complete confession to one of the counts,” Teton County Chief Deputy Prosecutor Clark Allan told Judge Timothy Day.
Rosen was arraigned on two counts of first-degree sexual assault in Teton County District Court on Thursday afternoon.
His attorneys, Tom Fleener and Dick Mulligan, pleaded not guilty on their client’s behalf. Rosen was there but sat quietly between his lawyers.
“Quite frankly, judge, this is a weak case,” Fleener said. “Both accusers know each other. Both accusers continued to have consensual sexual intercourse with Mr. Rosen after the alleged sex assaults.”
Prosecutor Allan said the case is anything but weak.
“That makes the case strong when there is a full confession,” Allan said. “What we see is predatory behavior. We see grooming and preparation for these events and events that were unfulfilled.”
Fleener and Mulligan jointly filed a motion to modify their client’s bond this week, arguing that Rosen should be allowed to move to Florida and live with his “Vietnam-veteran grandfather” to finish high school.
“We disagree that he is some sort of predator,” Fleener said in court.
Their bond motion is the same argument that was denied last month by Judge James Radda in Teton County Circuit Court.
“In order to go to college in the fall, he needs to finish high school,” Fleener told the court.
After Rosen’s December 2019 arrest, he was ordered to not return to Jackson Hole High School, where he was a senior.
“He has been diagnosed with ADHD, which makes finishing out his senior year of high school online, or being home-schooled, very difficult,” Fleener and Mulligan’s motion states.
Allan said letting Rosen move out of state and enroll in another school would put more people in danger.
“To take him out of a place where he is supervised and under control and place him into a new high school where everyone is oblivious to the charges he’s facing … all you are doing is putting the shark into a pool of innocent fish,” Allan said.
The sexual assaults are alleged to have occurred in March 2018 and March 2019 in Teton County.
Both victims reported in September 2019, court records state. The women go to different colleges in different states. Their allegations both ended up in the hands of the Teton County Sheriff’s Office via different, roundabout ways, according to court documents.
Rosen has been under house arrest, and is supervised by his parents when he leaves his family’s Teton Village home for medical and legal appointments or family outings.
Fleener and Mulligan argue that their client’s GPS ankle monitor is “restrictive.”
Allan said that, given the serious allegations, the court should be able to electronically monitor Rosen’s whereabouts.
“We want this defendant to be supervised at all times and not around minors or any potential victims and certainly not high school kids,” Allan said in court.
In their motion, Fleener and Mulligan call it a “he said she said case” that lacks physical evidence. They said they interviewed “eye witnesses” who said one of the victims was “the initiator and was seducing the defendant to engage in sexual activity with her.”
“These allegations are vindictive and false, and Mr. Rosen looks forward to his day in court,” they wrote in the motion.
Allan maintains that the defendant is a danger to the community.
Judge Day took the arguments under advisement and set the cases for separate trial dates on June 15 and July 6.
— Prior to this week’s arraignment, the defendant was referred to only as RCR, per Wyoming’s restricted disclosure law. Since his case is proceeding in felony court his name is now public record. — Eds.