LOCAL

Suspect arrested in courthouse rape case

Elizabeth Murray
Free Press Staff Writer

A New York man suspected of raping a woman in the Edward J. Costello courthouse in Burlington has been arrested in New York City.

Robert Rosario, 32, has been sought in multiple states since an incident Oct. 16 in the second-floor women's bathroom of Cherry Street courthouse. An arrest warrant was issued Oct. 21 by Judge Thomas J. Devine.

A tip submitted to Champlain Valley Crime Stoppers helped guide a task force of law-enforcement officers Wednesday to Andrews Avenue in the Bronx borough's 52nd precinct, where Rosario was found. Rosario was hiding in the bedroom of an apartment, the Chittenden Unit for Special Investigations said late Wednesday afternoon.

News of the arrest in New York came less than 24 hours after police said they believed Rosario had returned to Vermont.

Robert Rosario, 33, of New York, pictured in an image released in October 2015.

At an evening news conference, Burlington Police Chief Brandon del Pozo said he was getting off a plane at Burlington International Airport early Wednesday afternoon when he learned of Rosario's arrest. He had been attending a law-enforcement conference in Chicago.

"I landed shortly after noon in Burlington, and once I got phone service back, my phone exploded with what was good news for us," del Pozo told reporters at city police headquarters.

Rosario was taken into custody by a law-enforcement task force that included members of the New York Police Department, the U.S. Marshals Service, Immigration and Customs Enforcement and the New York District Attorney's Office.

Burlington Police gives details on arrest of courthouse rape suspect on Livestream

The Chittenden special-investigations unit had been the lead agency on the case. CUSI primarily handles cases involving alleged sex crimes.

Rosario was jailed in the Bronx and "will be extradited to Vermont in the course of his proceedings," CUSI stated. He was being held for lack of $250,000 bail.

A Vermont lawyer for Rosario could not be reached for comment after news of the arrest became public.

Investigators gathered information that Rosario was hiding in the Bronx but initially were unable to figure out exactly where, CUSI stated. Other leads suggested Rosario could have been hiding in Milton or Burlington.

Once receiving the Crime Stoppers tip, investigators used police data and records to figure out who in the 70-100 apartments in the building complex had been prior associates of Rosario, del Pozo said. Investigators eventually found Rosario in the home of a woman he knew.

Left, Burlington Police Department Brandon del Pozo gives details into the arrest of Robert Rosario, 32, in the Bronx in New York City. Rosario is suspected of raping a woman in the Edward J. Costello courthouse in Burlington.

"Investigators took a dump of New York City Police Department's real-time crime center, which is just a compendium of ... information about criminal activity and records and government contracts and all sorts of data," del Pozo said. "They were able to combine it with some of the particular intelligence we had regarding a partial name and a partial record from a prior police contact with an associate of Mr. Rosario."

Del Pozo said he thinks Rosario was unarmed at the time of his arrest.

Investigators are attempting to interview Rosario in New York before he is extradited to Vermont. Del Pozo said the extradition could occur within the next few days. To investigators' knowledge, Rosario committed no new crimes while on the run, the chief added.

The filing of any additional charges would be decided by the Vermont Attorney General's Office, del Pozo said. Court appearance for Rosario could happen within the next week, CUSI director Sgt. Mike Warren said.

Court documents state the reported sexual assault occurred on a day Rosario was in the courthouse for a hearing. Rosario is accused of ambushing the woman when she left a stall in the bathroom and then raping her. The woman told police she and Rosario were acquainted because she had purchased crack cocaine from him in the past, an affidavit states.

Rosario was scheduled for jury selection earlier this month on five counts of cocaine sales, one count of heroin trafficking and one count of possession of cocaine.

The Edward J. Costello courthouse on Cherry Street in Burlington.

"I am not surprised that Rosario did in fact flee the state," del Pozo, a former employee of the NYPD, said in a statement Wednesday announcing Rosario's arrest. "But knowing what I know as a former NYPD Bronx precinct commander, I am glad he fled to that borough. The men and women of the U.S. Marshals, the NYPD and their partners who hunt wanted felons in the Bronx are among the very best anywhere."

Police tried to keep information about the rape hidden from the community while Rosario was at large, but the Free Press learned about the case last Thursday, obtained public court papers that described the allegations in detail and posted a story online.

Until the Free Press broke the news, no public effort was made to use community members or Crime Stoppers to generate tips on Rosario's whereabouts.

City police held a news conference a few hours after the story broke but declined to comment about whether investigators believed Rosario had fled Vermont.

Del Pozo has been critical of the media for publicizing the case, saying the news reports made finding Rosario more difficult.

Wednesday, del Pozo defended the investigative approach, but said investigative techniques are always a "balancing act" between public safety and transparency.

"We make a commitment to deliver public safety," del Pozo said. "We make a commitment to be transparent. We make a commitment to obey the laws. One of the things I have to stress is I don't begrudge the Burlington Free Press or any news agency or any news outlet for exercising their right to obtain information that's protected and released by the Freedom of Information Act.

"What I do hope for the city is that as a community, we can have a collaborative approach to delivering public safety, and that we can have discussions about the best approach."

Del Pozo said police might have gotten the public involved eventually in the investigation if leads on finding Rosario were exhausted.

Rosario has a lengthy criminal record in New York and Vermont, including convictions for lying to police, assault, delivering cocaine, disorderly conduct and possessing controlled substances.

Investigation into the reported rape is ongoing. Police urged those with information about the incident to contact CUSI Detective Peter Chapman at 652-6800.

The hallway on the second floor of the Edward J. Costello Courthouse in Burlington, with the women’s bathroom on the right side. Police say a woman reported being raped in the bathroom in October 2015.

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Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at www.twitter.com/LizMurraySMC.