Rossum Trial Jury Selection Trial Begins

SAN DIEGO -- Kristin Rossum carefully chose the poison she used to kill her husband -- a powerful painkiller called fentanyl that she thought would never be detected in the San Diego County medical examiner's lab where she worked, prosecutors allege.

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But her plan backfired, the attorneys argue, and jury selection in Rossum's murder trial is set to begin Friday. If she's convicted, the 25-year-old daughter of a former Justice Department official under President Reagan could spend the rest of her life in prison.

"The defendant was confident that the victim's true cause of death, fentanyl poisoning, would remain undiscovered," prosecutor Dan Goldstein wrote last month in a pre-trial brief.

Goldstein and Deputy Public Defender Victor Eriksen refused to talk about the case, citing a strict gag order imposed by the court. When she was released on $1.25 million bail in January, Rossum (pictured, left) maintained her innocence.

"I did not harm my husband in any way," she said. "I look forward to proving my innocence in court."

On Nov. 6, 2000, Rossum's husband, Gregory DeVillers, a 26-year-old biotech worker, was found dead on the bedroom floor of the couple's apartment at the University of California, San Diego.

Rose petals were strewn around him in a scene reminiscent of "American Beauty," which investigators said was Rossum's favorite movie. A photo from the couple's 1999 wedding lay on the floor nearby, propped up on a dresser. But no suicide note was found.

Later, investigators would learn that DeVillers knew Rossum was using methamphetamine and having an affair with her boss and had threatened to expose her. At the time, however, investigators wondered: Was this a suicide?

Prosecutors say Rossum held a trump card. She knew the medical examiner's toxicology lab did not test for the presence of fentanyl, an opiate more powerful than morphine. Investigators believe she stole the drug from an evidence locker at work and used it to poison her husband.

Prosecutors say she had help -- from her boss and her lover, Michael Robertson.

"Her lover was the head of the medical examiner's toxicology lab and could cover up for her in the event of any unanticipated circumstances," Goldstein wrote.

But the medical examiner's office decided to contract an outside company to conduct the toxicology screen, taking Robertson out of the loop. Powerful painkillers and narcotics were found in DeVillers' blood: fentanyl, oxycodone and clorazepam.

"The evidence shows that this never would have been discovered had the toxicology work been done at the medical examiner's office," Goldstein wrote.

In June, Rossum was charged with murder with special circumstances. Prosecutors are not seeking the death penalty.

Robertson, who is considered a suspect but has never been charged in the case, returned to his native Australia after he and Rossum were both fired in December.

In arguing last month to dismiss the special-circumstance allegation, Rossum's lawyers said there was insufficient evidence to prove she administered the drug. They also said fentanyl should not be considered a poison under the law. A judge refused to dismiss the special circumstances.