- The Washington Times - Thursday, March 31, 2011

The D.C. Court of Appeals on Thursday let stand the conviction of one of the men involved in the 2006 killing of New York Times reporter David Rosenbaum.

Percy Jordan argued that his conviction should be overturned because the trial court erred on four procedural issues. The three-judge panel disagreed.

“None of these arguments has merit and thus we affirm appellant’s convictions,” the court wrote in its opinion.

Mr. Rosenbaum was walking in his Northwest neighborhood Jan. 6, 2006, when he was beaten and robbed. He died two days later. “An investigation found that a neglectful, botched emergency response contributed to Mr. Rosenbaum’s death.”

Court records say Jordan, who was convicted of striking Mr. Rosenbaum in the head and waste with a pipe, said “Let’s go get someone,” as he rode in a car with another man searching for a target to rob.

Jordan had argued that the trial court erred by declining, in response to a note from the jury, to answer its question whether the word “cause” in the first-degree murder instruction meant “physically striking” the victim; limiting cross-examination of the only eyewitness; overruling the defense objection that the prosecutor’s closing argument impermissibly shifted the burden of proof; and denying the defense motion to strike appellant’s “alias” from the indictment.

• Matthew Cella can be reached at mcella@washingtontimes.com.

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