WASHINGTON, Pa. – A Washington County jury has found Smith Township resident Joshua George not guilty in the 2021 death of his 6-month-old son, Oliver, according to a report by the Observer-Reporter. The verdict came Thursday after a four-day homicide trial at the Washington County Courthouse.
The jury of seven men and five women deliberated for less than 90 minutes before acquitting George of all felony charges, including homicide, aggravated assault and child endangerment. The case had lingered for nearly four years and could have led to the death penalty had George been convicted of first-degree murder.
George’s family erupted in cheers and applause as presiding Judge Valarie Costanzo read the not guilty verdict. “You are no longer in the custody of the Commonwealth. You are a free man. You can leave the courtroom with your family,” she said.
George left the courthouse hand-in-hand with his mother, Ronda, and stepfather, Paul Porter. “It feels amazing. I’m coming home,” he said, according to the Observer-Reporter.
George’s attorney, Stanley Booker, argued that investigators and prosecutors had wrongly accused his client of causing the fatal injuries. Booker insisted that Oliver’s step-grandmother, Cheska Rotenelli, was responsible. During closing arguments, he displayed a presentation slide titled “Commonwealth vs. Cheska Rotenelli” to argue she should have been on trial instead.
“There’s just no evidence in this case. No direct evidence. No DNA evidence,” Booker said in his final remarks, quoted by the Observer-Reporter. He criticized investigators for failing to call any police officers to testify or provide physical evidence linking George to the alleged assault, adding, “They didn’t do their job.”
Booker outlined the events of Dec. 30, 2021, when George dropped Oliver off at Rotenelli’s Smith Township home at 8:26 a.m. Rotenelli reportedly ran errands, leaving Oliver briefly with her husband, Michael Riffle. Riffle left for physical therapy around 9:15 a.m., suggesting, according to the defense, that the injury likely occurred between 9:15 and 10 a.m., when Oliver’s condition began to deteriorate.
Rotenelli called a pediatrician twice that morning and repeatedly tried to reach her husband before dialing 911 at 11:52 a.m., the Observer-Reporter said. Paramedics found Oliver unresponsive and took him to Weirton Medical Center in West Virginia before he was transferred to UPMC (University of Pittsburgh Medical Center) Children’s Hospital in Pittsburgh. Oliver died there on Jan. 3, 2022.
Dr. Santa Bartholomew, a critical care pediatrician, testified for the defense that Oliver’s injuries were consistent with a “catastrophic brain injury” caused by blunt force trauma. She told jurors that symptoms from such injuries typically appear rapidly, within 30 to 60 minutes—or at most, 90 minutes—after impact. “This brain injury is like standing on the beach and getting hit by a tsunami,” Bartholomew said.
Her testimony supported the defense’s claim that the injury occurred while Oliver was under Rotenelli’s supervision. However, First District Attorney Leslie Mylan challenged Bartholomew’s extended time estimate during cross-examination. “Your testimony has changed,” Mylan said. Bartholomew replied, “It’s not changed. I said 30 to 60, but no longer than 90.”
Mylan argued that George was guilty, citing a statement he allegedly made to a family friend the night before Oliver’s injury: “I’m going to shake him,” the Observer-Reporter reported. “Joshua George wasn’t predicting the future. He was bringing it to life,” Mylan said in her closing argument, urging jurors to see the threats as proof of intent.
Mylan also dismissed the defense’s portrayal of Rotenelli as the culprit, noting her emotional 911 call and ride in the ambulance with Oliver. “She did not hurt Oliver. She did not kill Oliver. She loved him,” Mylan said.
After the verdict, George hugged his attorneys and told Booker, “You saved my life. You never gave up on me,” according to the Observer-Reporter.
Oliver’s maternal relatives “wept or shook their heads in disapproval before deputies escorted them out of the courtroom to ensure the two families remained separated,” the report said.
Washington County District Attorney Jason Walsh told the Observer-Reporter in a phone interview after the acquittal that he considered the case closed. “We charged and brought our case, and the jury made its decision,” he said.
The four-day trial concluded with George walking free after nearly three years in custody.
Follow the Vanguard on Social Media – X, Instagram and Facebook. Subscribe the Vanguard News letters. To make a tax-deductible donation, please visit davisvanguard.org/donate or give directly through ActBlue. Your support will ensure that the vital work of the Vanguard continues.
