(WIVB) — New York State Police arrested a state parole officer last week on two felonies in connection with his testimony at a jury trial this summer in which he admitted to tampering with evidence.
The Monroe County District Attorney’s Office, which is serving the role of special prosecutor, confirmed that Eliezer Rosario, 43, is charged with offering a false instrument with intent to defraud and producing false evidence for the November 2020 arrest of Anthony Davis.
In addition, the Department of Corrections and Community Services said in a statement that the results of its internal investigation are being prepared for arbitration.
In the summer, DOCCS had said its internal investigation would attempt to identify “any potential previous malfeasance or misfeasance” by Rosario, but it is unclear if any was found and the agency did not say so on Monday.
News 4 Investigates first reported about the trial incident in July.
Davis’s assigned defense attorneys said they made the shocking discovery on the night before the jury trial was to begin, while they rewatched police body-worn camera footage of the November 2020 investigation at a boarding complex in Buffalo.
Police found a loaded gun inside a communal trash can in the boarding house where the suspect lived, which triggered the investigation.
Indeed, a few frames of video from the body-worn camera of a Buffalo police officer showed what appeared to be Rosario’s hand placing Davis’ ID next to the bullet. Rosario is then heard announcing he found the ID next to the bullet.
Rosario then wrote on the supporting deposition that, “Next to the round was his NYSDOCCS identification card,” without disclosing that he put the ID there.
After Rosario’s testimony, prosecutors agreed to drop the case against Davis, and jury members were sent home.
One juror told News 4 Investigates in August that the video and Rosario’s shocking testimony quickly turned the case upside down for prosecutors.
“I find it extremely disappointing and disheartening,” the juror said. “Just from a standpoint of a person who believes in the justice system, and luckily in this case I feel like the justice system worked in the way that it was supposed to.”
DOCCS hired Rosario in June 2018. In addition, Rosario served as a seasonal reserve for the Erie County Sheriff’s Office beginning in 2019, but he resigned shortly after the trial ended this summer.
Rosario is expected to appear in court next at 9 a.m. on Dec. 14.