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Lawsuit questions whether officer who killed Antwon Rose should have been hired

Eight years after the fatal police shooting of Antwon Rose, a civil lawsuit is raising new questions — not just about the officer who pulled the trigger, but about whether he should have ever been hired by East Pittsburgh police in the first place.

For years, the focus has been on the moments leading up to East Pittsburgh police officer Michael Rosfeld shooting and killing 17-year-old Antwon Rose. Now, a lawsuit from Rose's estate is raising questions about what happened before Rosfeld was ever hired by East Pittsburgh police.

According to court filings, former East Pittsburgh Police Chief Lori Franczyk testified she contacted a supervisor with the University of Pittsburgh police, where Rosfeld previously worked, before hiring him. Franczyk allegedly testified she was told Rosfeld was eligible for rehire and that Pitt would hire him back.

The Rose family's attorney says that wasn't true.

Fred Rabner claims Pitt police had already decided they wanted Rosfeld out of the department following a series of alleged "use of force" incidents but allowed him to resign after he agreed to give up his right to appeal. Those allegations have now sparked another courtroom battle.

The University of Pittsburgh is asking a judge to disqualify attorney Rabner, arguing he has a conflict of interest, saying his law firm's arrangement involving East Pittsburgh's legal defense could interfere with his representation of the Rose family.

Rabner calls that argument a distraction. He believes Pitt is trying to remove him because he says the university knows what evidence he has uncovered and doesn't want a jury to hear it.

"This matter needs to be decided before a jury, in a courtroom, on the facts," Rabner said. 

Meanwhile, in a statement, Pitt says, "We continue to believe this case is without merit and should have been dismissed long ago. We are hopeful the Court will dispose of it in the near future."

The judge did not rule Tuesday on Pitt's request to disqualify Rabner. That issue is expected to be taken up again in October as the underlying lawsuit against the University of Pittsburgh continues. 

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