The man convicted of killing an 83-year-old woman did not testify on his own behalf Thursday as his attorneys attempted to convince a judge to reverse a jury's death sentence for their client.
Juan Rosario was convicted last summer of killing Elena Ortega and setting her house on fire to cover up the crime. A jury unanimously recommended he face the death penalty.
Rosario told the court on Thursday he would rather not speak, however a family friend, Joseph Padilla, testified that he has known Rosario since he was a child and never thought of him as a violent.
"He was never a violent person back then, which is why I was shocked by all of this," Padilla said. "I just never really saw him excelling or succeeding in life, and I know that's sad to say, but sometimes it's just obvious."
Prosecutors said he broke into the Ortega's home to rob her, then beat her to death and set the house on fire to cover it up.
Thursday's Spencer Hearing gave Rosario the chance to show why he deserves a different sentence.
A doctor who examined Rosario testified Rosario was once homeless, suffered from PTSD, and had a low IQ.
Padilla agreed. "He wasn't very smart at all, actually he couldn't read or write," he said.
Prosecutor Deb Barra argued Rosario's circumstances were less about mental disabilities and more about life choices.
"You are aware that he didn't go to school intentionally, right?" Barra asked Padilla. "You would agree with me sir, in order to read and write, it's better to stay in school and get that knowledge?"
Last year, when State Attorney Aramis Ayala announced she would not seek the death penalty, Gov. Rick Scott reassigned 22 cases to State Attorney Brad King, including Rosario's.
Of those cases, three have made it through the judicial process, but none have ended with a death sentence. Rosario would be the first person sentenced to death among those cases removed from Ayala's office.
Ultimately, Circuit Judge Leticia Marques will make the final decision about Rosario's sentencing.