New hearing set for Monday

ELYRIA — A Lorain County judge has vacated his earlier decision suppressing evidence recovered from an Elyria man’s cellphone, meaning the evidence is no longer excluded while the court considers the remaining issues.

Lorain County Common Pleas Judge D. Chris Cook wrote Aug. 26 that his Aug. 21 ruling failed to address every issue raised in Jacob Rosado’s motion to suppress. Cook specifically identified a third search warrant and the evidence obtained through it as matters that still must be considered.

Cook vacated the Aug. 21 journal entry and judgment and scheduled another evidentiary hearing for 1 p.m. Monday, Aug. 31.

The earlier ruling had suppressed evidence obtained through an Aug. 8, 2025, warrant authorizing a complete extraction of Rosado’s cellphone. Cook initially found that warrant lacked probable cause, was overly broad and could not be saved by the legal exception allowing evidence obtained by officers who reasonably relied on a warrant.

The cellphone search became the foundation for two additional criminal cases containing eight pandering charges and three gross sexual imposition charges.

Those cases are separate from Rosado’s original prosecution connected to the August 2025 drowning death of 16-year-old Vincent Pabon in the Black River. That case includes two counts of involuntary manslaughter, tampering with evidence and an underage-liquor charge.

Rosado has pleaded not guilty, and all charges remain pending.

Defense seeks release

Rosado’s attorney filed a renewed bond motion Aug. 28 seeking his release while the cases proceed.

The motion says Rosado has been incarcerated since Aug. 19, 2025, and currently has a combined bond of $25,000 cash or surety across the three cases. His family has been unable to post the bond, according to the defense.

Rosado is asking the court to replace it with a $25,000 personal bond, which would allow his release without requiring his family to post cash or obtain a surety bond. He would remain subject to court-supervised release, GPS monitoring and an order prohibiting contact with the alleged victim’s family.

The defense argues that Rosado has lifelong ties to Lorain County, has no previous adult felony convictions and would live with his mother in Elyria. His attorney also said Rosado would follow the court’s requirements and appear for all scheduled proceedings.

The motion anticipates that prosecutors could appeal if Cook reaffirms his suppression decision following Monday’s hearing.

The court had not ruled on the renewed bond request as of its filing.

Cellphone evidence suppressed in felony cases

Road rage incident escalates into parking lot fight