Man Can't Be Tried In 1990 Sex Assault Of Woman Found Dead At Jersey Shore

WILDWOOD, NJ — In 2022, prosecutors made an arrest in a 1990 cold case of a 20-year-old woman found dead after a sexual assault.

But Jerry Rosado won't be tried for the case, the New Jersey Supreme Court ruled Wednesday.

Rosado, a Millville resident, was identified in 2018 as the person of interest in the Wildwood sexual assault case of Susan Negersmith through DNA testing. Then, DNA taken from Rosado's body was found to match the DNA found on Negersmith in 2021, and he was charged with sexual assault in 2022.

But the court ruled that, in agreement with the appellate court, the five-year statute of limitations for the case expired on May 27, 1995. An amendment to that law removing the time limit was passed in 1996, after the case had already expired, even though Rosado wasn't charged until 2022.

Negersmith, from Carmel, New York, was in Wildwood with friends celebrating Memorial Day Weekend in May of 1990.

On May 27, her partially-clothed dead body was found by a Wildwood restaurant. An autopsy revealed that Negersmith had been sexually assaulted, according to authorities.

Rosado's lawyers argued that the statute of limitations had run out, but the trial court disagreed, saying that the statute of limitations did not actually begin until the DNA was matched in 2021.

It went to the appellate court, which reversed the trial judge's decision. The Supreme Court then agreed with the appellate court.

Another amendment made an exception to the time limit for cases involving DNA or fingerprint evidence. But this amendment did not apply retroactively, the court ruled.

"The court held that the 2002 amendment to the statute of limitations did not revive an expired prosecution and, therefore, did not violate the Ex Post Facto Clause of the Federal Constitution," court documents said.

The decision could not "constitutionally revive what has already expired," they said.

Read More: Arrest Finally Made In 1990 Wildwood Rape, Homicide Cold Case