Death penalty trial underway in Orange County

ORANGE COUNTY, Fla. — Opening statements are scheduled Monday morning in the murder trial of a man accused of killing an 83-year-old Orange County woman.

Juan Rosario is accused of beating Elena Ortega to death and setting her house on Turnbull Drive on fire Sept. 18, 2013.

Rosario is already in prison serving a 18-year sentence in a separate burglary case, records show.

If convicted, Rosario faces the death penalty.

The death penalty is back on the table after Florida Gov. Rick Scott reassigned the case from Orange-Osceola County State Attorney Aramis Ayala to State Attorney Brad King.

Rosario’s case was one of more than 20 reassigned to King after Ayala announced March that her office would not consider the death penalty in any cases.

During jury selection last week, jurors were asked about their stance on the death penalty, but also their thoughts on Ayala’s views.

The defense fought against any kind of testimony about Rosario’s past.

Rosario was in prison for 18 years for another crime.

The defense worries knowing Rosario has a violent past will make the trial unfair.

Prosecutors argue Ortega’s death was unfair.

“There were lacerations to the scalp, and when I say lacerations, we mean from blunt impact,” said a medical examiner.

The medical examiner's testimony was that Rosario burned her alive after failing to beat her to death.

Rosario’s ex-girlfriend is expected to testify Tuesday.

Cox Media Group