Speaker 1 (00:00):
(silence)
Speaker 2 (34:00):
(silence)
Speaker 3 (34:00):
... Judge Joseph A. Bulone, Circuit Court Judge presiding.
Judge Joseph A. Bulone (01:14:28):
All right, good morning. You may be seated. All right, so it looks like everyone's here. State's here, Mr. Kosowski's here. Standby counsel's here and Mr. Nohlgren's here. All right, any issues that we need to talk about before we-
Nathan Vonderheide (01:14:45):
Yes, Your Honor, briefly. On Friday, as we were walking out, Dr. Kosowski handed me a stack of paperwork. He asked me to shred it. So I just wanted to make sure we were talking about this in open court, so I put it in a marginal envelope [inaudible 01:15:02] asked me to shred. I just want to confirm that you still want me to shred all this documentation that you handed me on Friday?
Dr. Tomasz Kosowski (01:15:07):
Yes, this is just documentation that you gave me.
Nathan Vonderheide (01:15:12):
Okay, fair enough. So I will do that as long as we've got it on the record and he confirms that's what he wants me to do. Additionally, something propped up on one of the many varied objections last week with Detective Lance Moore as it related to a PowerPoint. And I think that our conversation that we had was not recorded for the transcript because we were having a conversation at the table. I don't think it was heard. So I just want to clear something up. Dr. Kosowski's prior defense counsel has been provided with the majority of that PowerPoint presentation from the inception of this case from my first answer to demand and discovery, which was May 12th of 2023. Now, the way we file these documents where it's the honor system that defense counsel's going to sign it, send it back to us, which didn't happen in this case.
(01:16:05)
So in November of 2023, I put together another AADI that sort of canonized that original discovery disclosure. So they had the PowerPoint from the beginning. With standby counsel, I provided to her a hard drive that included the PowerPoint. I believe it was 1.24 gigabytes. On Monday, the start date of trial, September 14th, 2026, I provided Dr. Kosowski with a ... Since there was no good mechanism by which I could provide him with the electronic document in court, I provided him with printed out copies of slides 'cause PowerPoint is a fancy way to say a slideshow like we all did maybe in middle school where you put it on the overhead projector or something. It's just a fancy way for that. So it was the slides printed out, 184 of them, front and back on the page, four slides per side, so eight slides per page. I provided it to him on Monday.
(01:17:04)
Obviously it's not interactive 'cause it was on paper, but it was provided to him. That slideshow was cut down from the 184, deleted down to 145 slides in order to eliminate anything that could have been potentially, I thought, inflammatory against the defendant. So he was provided with all the slides. The suggestion that there was no discovery as it relates to that, he was actually given more and it was cut down later for the PowerPoint. Also, he was given a hard drive that included that PowerPoint. And because last week, I think Dr. Kosowski suggested that he came up over the course of the evening with moving to strike Chad Summerfield's testimony over the course of the weekend. I also thought I didn't like the way the record looked. I didn't like the way the record looked as it relates to accusing us of a discovery violation because there wasn't.
(01:17:53)
It was also made mention that PowerPoint is not available at the jail. So I took the opportunity. It was a little ... We waited till today 'cause everybody's back at work. And Ms. Tolden over at the jail, she's a custodian of video dictation and tablets and things like that, communications, was able to get the exact laptop that was utilized in this case. She plugged in a PowerPoint presentation and it functioned on a laptop. So there's actually an ability to view PowerPoint presentations on the jail laptop, hard drive he was provided. So in discovery today, a couple of things I gave to Dr. Kozowski this morning, 'cause of course under Florida Rule of Criminal Procedure 3.220, we have an ongoing obligation to engage in discovery. Late last week at some point, one of those Experian credit orders came in while we were in trial. One of the ones I asked for, I think it was August 21st.
(01:18:47)
So they answered us while we were in trial. I provided him with that. There's nothing exculpatory. In fact, it's inculpatory on the Experian credit report. I provided him with that this morning on paper form, front and back pages. I think it's 13 pages, 26 front and back. I also provided in discovery just so there's no confusion, a map, which has already been disclosed in Tiffany Gorman's report, but we're going to be projecting it here today on the television. So I gave it to him just to show what's going to be in our demonstrative exhibit here today. I also provided notes on Dr. Kosowski's laptop usage, which was on September 1st, September 1st from nine o'clock in the morning at 1532 hours. His request to use the laptop. I provided that Melissa Tolden, the records custodian at Pinellas County Jail confirmed that the PowerPoint works on the laptop and an email from jail staff that was documenting the PowerPoint works and the laptop usage at the jail.
(01:19:43)
So we would make any accommodation, of course. I suggested that last week on Monday when we had a new MP4 file, which was showing his movements on March 17th of 2023. I had asked for that from the lead detective. He charted it for us. I gave him the opportunity. I said, "You can view it if you want," and then the objection came up later. So to the extent that there's any suggestion that there was a discovery violation, I guess this is acting as my Richardson hearing and I would point to the record in the AADI. In fact, these very documents that I was asked to shred demonstrate that these PowerPoint presentations were at least given to him in paper form with the understanding that he could view them if we would make accommodations for him to view them in open court. The only additional AADI that I have is our last witness today is Dr. Jon Thogmartin.
(01:20:34)
He was able to view Ms. Spadaro in a 39 gallon trash bag. So that's an additional element that he had not seen before, but that was not in his deposition. Everything else was in his depo and what he had said prior to when he was asked questions by prior defense counsel. So that's the additional discovery that I had today for Dr. Kosowski. I don't think there's any need for follow up. I certainly will do so. The roster pertains a little different than the itinerary I maybe gave you last week. We're going to add Ashley Luth. She's going to testify and add an additional swab that we forgot last week. And then it's going to be Lois Cozzi, George Cozzi, Colin Bolton, Tiffany Gorman, and John Thogmartin. And I think we're going to rest today and I would be ready to do closing argument if Your Honor is ready to do so later this afternoon.
Judge Joseph A. Bulone (01:21:31):
Well, I don't know if I'm as optimistic as you as far as getting through all of that today and doing closings. Obviously, if we have enough time, we will. I think we'll probably do closings tomorrow. We can start at 9:00 tomorrow and then start on Thursday at 9:00 as well if we need to go into Thursday. All right, Mr. Kosowski, any issues that you want to bring up regarding any discovery issues?
Dr. Tomasz Kosowski (01:22:06):
I mean, if he's so confident that I was able to view all these files, then the simple thing to do would be actually bring the laptop here and demonstrate that I was able to actually open all these files. But of course, that's something that you're not willing to do, correct?
Nathan Vonderheide (01:22:26):
I would be. If the court has time this morning, I would be more than happy. She's ready to go. Melissa Tolden is ready to testify to this and come to court. I just have not set it up for her to come to court. Should that be ... If he's asking for a hearing as it relates to any discovery issues, first thing I will say is my obligation is to give it to him, not to play it for him, not to walk him through it. He chose to be his own lawyer. I cannot make the technology available for him to view these things. I can just give it to him. Okay. That's only my allegation. So to the extent that we complied with our obligation, it's all in the AADI that was filed on Monday, September 14th, provided to him in opening court. Hand it back to me incidentally on Friday. Should the court have any need to inquire, Melissa Tolden did in fact grab the exact laptop that he had and was able to open up a PowerPoint presentation on that laptop.
Judge Joseph A. Bulone (01:23:21):
All right. Well, I'll leave it up to you if you want to put her on the stand. Obviously, it's not really part of the trial. It's an issue that we would normally hear outside the presence of the jury. Obviously it would be heard before me, so it's more of a discovery issue. So I don't even know if we have an allegation of a discovery issue. I mean, I guess we do.
Nathan Vonderheide (01:23:50):
I mean, it was a general objection. I just don't want it in the event that this lands in the Florida Supreme Court someday, I don't want it to be a lingering issue in the case. I don't think Tolden's testimony is necessary because again, my obligation is to give the materials. If there's a problem with him being able to retrieve and play the materials, that's an independent issue. Our obligation under Florida Rule of Criminal Procedure 3.220 is to provide, not to play for, not to walk through, not to guide and act as a tour guide as it relates to the discovery process.
Judge Joseph A. Bulone (01:24:25):
Right. And then on Monday you did give him a paper copy of the PowerPoint, and then I did notice that he was following along with the paper copy as you were going through the PowerPoint with the testimony. And I think that PowerPoint had to be updated with each additional factual scenario that you came up with. So that the PowerPoint was provided with the defense, and then as it got updated, you continued to provide that PowerPoint with the defense all the way up until Monday where you gave the defendant a paper version. Is that correct?
Nathan Vonderheide (01:25:13):
[inaudible 01:25:14]. A paper version of that was maybe 30 slides extra, and one was ultimately cut down out of it 'cause I thought it would be perhaps overly prejudicial the additional 30 slides involving related searches that he made on his device.
Judge Joseph A. Bulone (01:25:28):
All right. So if we need a Richardson hearing, let me just say that I'll find out there has been no discovery violation, so we really don't have to go if it's substantial or not and whether it's intentional or not because there is none. So if you want to put that person on the stand from the jail, you can do that for the benefit of appellate courts just in case an appellate court somehow gets involved in this case, you can do that. I'm not asking for that, but that's up to you if you want to do that.
Nathan Vonderheide (01:26:09):
I think I've complied with Florida Rule of Criminal Procedure 3.220, and I don't think that testimony is necessary. If I later change my opinion on that, I would certainly let everybody know.
Judge Joseph A. Bulone (01:26:19):
All right. So any additional issues either from the state or from the defense?
Nathan Vonderheide (01:26:23):
No, Your Honor.
Judge Joseph A. Bulone (01:26:26):
Okay. So state, please call your next witness.
Nathan Vonderheide (01:26:28):
State calls Ashley Luth. Recalls Ashley Luth.
Speaker 3 (01:26:42):
Are you wanting her put under oath again?
Judge Joseph A. Bulone (01:26:43):
Yes. It's been long enough.
Speaker 3 (01:26:44):
[inaudible 01:26:52]. Come and stand next to me. Face the Madam Clerk, raise your right hand.
Madam Clerk (01:26:55):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
Ashley Luth (01:26:57):
I do.
Madam Clerk (01:26:57):
Thank you.
Judge Joseph A. Bulone (01:27:06):
Good morning again, ma'am.
Ashley Luth (01:27:07):
Good morning, Your Honor.
Judge Joseph A. Bulone (01:27:08):
You may inquire.
Nathan Vonderheide (01:27:09):
Morning. Can you please state your full name and spell your last name for Madam Court Reporter?
Ashley Luth (01:27:13):
Yep. My name is Ashley Luth. Luth is spelled L-U-T-H.
Nathan Vonderheide (01:27:17):
All right. And we've already introduced you to the court. If I may approach the witness, Your Honor.
Judge Joseph A. Bulone (01:27:35):
You may.
Dr. Tomasz Kosowski (01:27:35):
Is this a letter?
Nathan Vonderheide (01:27:36):
[inaudible 01:27:37].
Dr. Tomasz Kosowski (01:27:36):
[inaudible 01:27:41].
Nathan Vonderheide (01:27:44):
I'm going to show you what's been previously marked as State's Exhibit 118. Take a look at it. Tell me if you recognize it. And if you don't, then we can provide you with scissors.
Ashley Luth (01:27:53):
I do not recognize it. Thank you. I recognize this.
Nathan Vonderheide (01:28:40):
All right. And how do you recognize it?
Ashley Luth (01:28:42):
The evidence label has my signature and payroll, and then the evidence tape has my initials, payroll, and the date.
Nathan Vonderheide (01:28:47):
Okay. So other than the markings from the lab, is it in the same or substantially similar condition as to when you packaged it?
Ashley Luth (01:28:54):
Yes, sir.
Nathan Vonderheide (01:28:55):
All right. Your Honor, at this time, I'd request to move into evidence State's Exhibit 118 in as 118.
Judge Joseph A. Bulone (01:29:02):
All right. And what is it supposedly?
Nathan Vonderheide (01:29:04):
It's a swab, men's bathroom, north wall.
Judge Joseph A. Bulone (01:29:07):
All right. Any objection?
Dr. Tomasz Kosowski (01:29:08):
No.
Judge Joseph A. Bulone (01:29:09):
No. All right. It's admitted.
Nathan Vonderheide (01:29:11):
So state's 118, where did you lift the swab from?
Ashley Luth (01:29:19):
This is a possible blood swab from the men's bathroom, north wall.
Nathan Vonderheide (01:29:25):
Okay. And do you see markings from the lab on there?
Ashley Luth (01:29:27):
Yes, sir.
Nathan Vonderheide (01:29:28):
And it says ... There's a lab label on it?
Ashley Luth (01:29:34):
On this one that I did recognize.
Nathan Vonderheide (01:29:35):
Yeah.
Ashley Luth (01:29:35):
Yes.
Nathan Vonderheide (01:29:35):
Okay.
(01:29:46)
And for the record, it's item 35 from the lab, item 118 in evidence. I have no further questions.
Judge Joseph A. Bulone (01:29:53):
All right. Any cross-examination?
Dr. Tomasz Kosowski (01:29:54):
No, your honor.
Judge Joseph A. Bulone (01:29:55):
All right. Thank you, ma'am. You may step down.
Ashley Luth (01:29:59):
Thank you.
Judge Joseph A. Bulone (01:29:59):
State, please call your next witness.
Alexandra Spadaro (01:30:00):
State will call Lois Cozzi.
Speaker 4 (01:30:00):
[inaudible 01:30:01].
Speaker 3 (01:30:01):
Stand here next to me. Raise your right hand. [inaudible 01:30:23].
Madam Clerk (01:30:23):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
Lois Cozzi (01:30:30):
Yes.
Speaker 3 (01:30:30):
[inaudible 01:30:31].
Lois Cozzi (01:30:33):
[inaudible 01:30:33]. I hope I don't need it.
Speaker 3 (01:30:34):
All right.
Judge Joseph A. Bulone (01:30:39):
Good morning, ma'am.
Lois Cozzi (01:30:40):
Good morning.
Judge Joseph A. Bulone (01:30:41):
Ms. Spadaro, you may inquire.
Alexandra Spadaro (01:30:42):
Thank you, Your Honor. Can you hear me okay?
Lois Cozzi (01:30:44):
Yes.
Alexandra Spadaro (01:30:44):
Okay. Good morning.
Lois Cozzi (01:30:46):
Good morning.
Alexandra Spadaro (01:30:47):
Will you please introduce yourself and spell your full name for the record?
Lois Cozzi (01:30:51):
I'm Lois Cozzi. That is spelled L-O-I-S, C-O-Z-Z-I.
Alexandra Spadaro (01:30:57):
Okay. And are you married?
Lois Cozzi (01:30:59):
Yes.
Alexandra Spadaro (01:31:00):
What's your husband's name?
Lois Cozzi (01:31:01):
George.
Alexandra Spadaro (01:31:02):
And how long have you two been married?
Lois Cozzi (01:31:04):
Over 51 years.
Alexandra Spadaro (01:31:06):
Who was Steven Cozzi to you?
Lois Cozzi (01:31:08):
Steven was my son.
Alexandra Spadaro (01:31:10):
And were you two close?
Lois Cozzi (01:31:12):
Yes.
Alexandra Spadaro (01:31:14):
How often did you guys talk, give or take?
Lois Cozzi (01:31:20):
Once he moved out on his own and stuff, every couple of days. I wasn't a hover mom.
Alexandra Spadaro (01:31:25):
Did you guys talk on the phone, over text?
Lois Cozzi (01:31:28):
Phone, text, emails. Not too much emails, mostly phone and text.
Alexandra Spadaro (01:31:32):
Okay. And what about holidays? Did he spend the holidays with you guys?
Lois Cozzi (01:31:36):
Almost always we spent holidays together, yeah.
Alexandra Spadaro (01:31:38):
What about Michael?
Lois Cozzi (01:31:40):
Well, Michael was included. Yeah.
Alexandra Spadaro (01:31:42):
Did you actually help plan their wedding?
Lois Cozzi (01:31:44):
Yes, I did.
Alexandra Spadaro (01:31:48):
Have you seen or heard from Steven since March 21st of 2023?
Lois Cozzi (01:31:53):
No, I have not.
Alexandra Spadaro (01:31:54):
Has he texted you?
Lois Cozzi (01:31:56):
No.
Alexandra Spadaro (01:31:56):
Has he called you?
Lois Cozzi (01:31:57):
No.
Alexandra Spadaro (01:31:57):
Postcards?
Lois Cozzi (01:31:59):
I beg your pardon?
Alexandra Spadaro (01:32:00):
Postcards?
Lois Cozzi (01:32:01):
Nothing.
Alexandra Spadaro (01:32:02):
May I have a moment?
Judge Joseph A. Bulone (01:32:03):
You may.
Alexandra Spadaro (01:32:04):
I have no further questions.
Lois Cozzi (01:32:06):
Thank you.
Judge Joseph A. Bulone (01:32:07):
All right. Any cross-examination?
Dr. Tomasz Kosowski (01:32:10):
No, Your Honor.
Judge Joseph A. Bulone (01:32:15):
All right. Thank you. Ma'am, you may step down. All right. State, please call your next witness.
Alexandra Spadaro (01:32:36):
State calls George Cozzi.
Speaker 3 (01:32:36):
Stand next to me. Face the Madam Clerk. Raise your raise hand [inaudible 01:32:38].
Madam Clerk (01:32:37):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
George Cozzi (01:32:41):
I do.
Madam Clerk (01:32:41):
Thank you.
Speaker 3 (01:32:42):
Sir, step on over this way. Get yourself comfortable. Speak in a loud, clear voice into the mic, please.
Judge Joseph A. Bulone (01:32:55):
Good morning, sir.
George Cozzi (01:32:57):
Good morning, Your Honor.
Judge Joseph A. Bulone (01:32:57):
You may inquire, Ms. Spadaro.
Alexandra Spadaro (01:32:59):
Thank you, Your Honor. Can you hear me okay?
George Cozzi (01:33:00):
I can hear you fine.
Alexandra Spadaro (01:33:00):
Okay. Can you introduce yourself and spell your full name for the record?
George Cozzi (01:33:05):
My name is George Cozzi. My first name is spelled G-E-O-R-G-E. My last name is spelled C-O-Z-Z-I.
Alexandra Spadaro (01:33:15):
And is Lois your wife?
George Cozzi (01:33:16):
Yes.
Alexandra Spadaro (01:33:17):
And who is Steven to you?
George Cozzi (01:33:19):
Steven is my son.
Alexandra Spadaro (01:33:22):
Now, have you heard from Steven since March 21st, 2023?
George Cozzi (01:33:28):
No, I have not.
Alexandra Spadaro (01:33:29):
Has he texted or called you?
George Cozzi (01:33:30):
No, he has not.
Alexandra Spadaro (01:33:31):
Sent you an email?
George Cozzi (01:33:33):
No. No, he has not.
Alexandra Spadaro (01:33:34):
Have you seen him since that date?
George Cozzi (01:33:36):
No, I have not.
Alexandra Spadaro (01:33:37):
May I have a moment?
Judge Joseph A. Bulone (01:33:39):
You may.
Alexandra Spadaro (01:33:40):
I have no further questions. Thank you.
Judge Joseph A. Bulone (01:33:41):
Okay. Any cross-examination?
Dr. Tomasz Kosowski (01:33:43):
No, Your Honor.
Judge Joseph A. Bulone (01:33:43):
All right. Thank you, sir. You may step down.
George Cozzi (01:33:45):
Thank you, Your Honor.
Judge Joseph A. Bulone (01:33:49):
State, please call your next witness.
Alexandra Spadaro (01:33:50):
The state calls Detective Colin Bolton.
Speaker 3 (01:33:50):
Come this way to me, sir. Stand right here next to me. Face the Madam Clerk, raise your right hand [inaudible 01:34:31].
Madam Clerk (01:34:31):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
George Bolton (01:34:35):
I do.
Madam Clerk (01:34:35):
Thank you.
Speaker 3 (01:34:36):
Now over here, sir. Get yourself comfortable. Adjust the mic if you need to.
George Bolton (01:34:46):
Good morning, Your Honor.
Judge Joseph A. Bulone (01:34:46):
Good morning. Ms. Spadaro, you may inquire.
Alexandra Spadaro (01:34:47):
Thank you, Your Honor. Good morning.
George Bolton (01:34:50):
Morning.
Alexandra Spadaro (01:34:51):
Will you please introduce yourself and spell your full name for the record?
George Bolton (01:34:54):
My name is Colin Bolton. It's C-O-L-I-N, B-O-L-T-O-N.
Alexandra Spadaro (01:34:58):
And where do you work?
George Bolton (01:34:59):
I'm an officer with the Largo Police Department and currently the accreditation manager. Okay.
Alexandra Spadaro (01:35:03):
Okay. And how long have you been the accreditation manager?
George Bolton (01:35:06):
Since January of this year.
Alexandra Spadaro (01:35:07):
What were you doing prior to that?
George Bolton (01:35:09):
I was a detective with the Crimes Against Persons section of the Investigative Services Division.
Alexandra Spadaro (01:35:14):
And were you a detective with that unit back on March 21st of 2023?
George Bolton (01:35:18):
I was.
Alexandra Spadaro (01:35:18):
Were you ultimately assigned as the lead detective in the case involving the murder of Steven Cozzi?
George Bolton (01:35:23):
I was.
Alexandra Spadaro (01:35:25):
How did you first get involved in this case?
George Bolton (01:35:28):
Detective Hunt was the acting supervisor that day. He had received a call from patrol officers working a missing persons case at 1501 South Belcher Road in Unit B.
Alexandra Spadaro (01:35:39):
And is that Pinellas County?
George Bolton (01:35:40):
It is.
Alexandra Spadaro (01:35:42):
Was that missing person ultimately determined to be Steven Cozzi?
George Bolton (01:35:45):
It was.
Alexandra Spadaro (01:35:46):
And did you respond to the location where he was last seen?
George Bolton (01:35:49):
I did.
Alexandra Spadaro (01:35:49):
Was that the Blanchard Law Firm?
George Bolton (01:35:50):
It was.
Alexandra Spadaro (01:35:52):
When you got there, what time was that?
George Bolton (01:35:54):
It was about 1:50 in the afternoon.
Alexandra Spadaro (01:35:57):
And we heard earlier in the trial from Detective Hunt, did you two respond together?
George Bolton (01:36:01):
We did.
Alexandra Spadaro (01:36:02):
Prior to arriving, had local hospitals been contacted?
George Bolton (01:36:05):
They had.
Alexandra Spadaro (01:36:06):
And what about surveillance from local businesses? Had those been reviewed?
George Bolton (01:36:10):
They had.
Alexandra Spadaro (01:36:11):
And was Steven located prior to your arrival?
George Bolton (01:36:15):
He was not.
Alexandra Spadaro (01:36:15):
So also prior to arriving, did you read the call notes that explained the circumstances of his disappearance?
George Bolton (01:36:20):
I did.
Alexandra Spadaro (01:36:21):
When you arrived to the scene, were other law enforcement officers already present?
George Bolton (01:36:25):
There were.
Alexandra Spadaro (01:36:26):
Did you make contact with any of those officers?
George Bolton (01:36:28):
I did. I met with Officer Burr.
Alexandra Spadaro (01:36:30):
Officer Burr?
George Bolton (01:36:31):
Yes.
Alexandra Spadaro (01:36:31):
And she's also a member of the Largo Police Department?
George Bolton (01:36:34):
She is.
Alexandra Spadaro (01:36:35):
Did Officer Burr direct you to the men's restroom in building B?
George Bolton (01:36:39):
She did.
Alexandra Spadaro (01:36:40):
What did you observe when you walked in?
George Bolton (01:36:42):
So I first saw a swipe of a dry, dark-colored liquid consistent with blood on the outside, the exterior side of that bathroom door. I noticed shreds of paper towel and toilet paper on the floor throughout the bathroom. I saw droplets of the same dry, dark color liquid consistent with blood on the stall wall next to the urinal. The paint inside of the stall on the wall appeared to be chemically stripped or removed, and I saw a dry, dark liquid almost swiped across the floor in front of the toilet and in front of the urinal.
Alexandra Spadaro (01:37:23):
What did it smell like?
George Bolton (01:37:25):
It was a strong, distinct odor of cleaning chemicals or bleach.
Alexandra Spadaro (01:37:30):
So after you observed the men's restroom, did you go into Mr. Cozzi's office?
George Bolton (01:37:34):
I did.
Alexandra Spadaro (01:37:34):
When you walked into the office [inaudible 01:37:39].
(01:37:52)
And was his vehicle located?
George Bolton (01:37:54):
It was.
Alexandra Spadaro (01:37:55):
Where was it?
George Bolton (01:37:56):
It was in the southeast corner of the parking lot.
Alexandra Spadaro (01:38:00):
So still at the Blanchard Law Firm?
George Bolton (01:38:01):
Correct.
Alexandra Spadaro (01:38:03):
What about any red sweaters? Were there any red sweaters in his office?
George Bolton (01:38:07):
No, there were not.
Alexandra Spadaro (01:38:08):
Did he have a coat hanger?
George Bolton (01:38:09):
He did.
Alexandra Spadaro (01:38:11):
Were there empty or vacant offices located within that building?
George Bolton (01:38:15):
Yeah, most of the southeast corner was vacant.
Alexandra Spadaro (01:38:18):
Did you search those offices?
George Bolton (01:38:19):
We did.
Alexandra Spadaro (01:38:20):
And did you find Steven?
George Bolton (01:38:21):
No.
Alexandra Spadaro (01:38:23):
Did you learn whether there were surveillance cameras on the property that may have captured what happened to Steven?
George Bolton (01:38:28):
I did.
Alexandra Spadaro (01:38:29):
Did you meet with the regional director of operations or the company that maintained the camera footage?
George Bolton (01:38:34):
I did.
Alexandra Spadaro (01:38:34):
What was her name?
George Bolton (01:38:35):
Alexandra Stacher.
Alexandra Spadaro (01:38:37):
After meeting with her, did you have an opportunity to review that footage?
George Bolton (01:38:40):
I did.
Alexandra Spadaro (01:38:41):
And were there certain things while reviewing that footage that were relevant to your investigation, particularly timestamps?
George Bolton (01:38:47):
There were. About 8:32, we see a gray Tundra come into the parking lot. About 8:34, we see a man wearing a white shirt, carrying a black backpack, wearing a hat, carrying a box on his shoulder, enter the building. About 8:35, we see Mr. Cozzi's Honda HRV come into the parking lot. And then at about 8:37, we can see him entering the same door, the same front door to the unit B.
Alexandra Spadaro (01:39:17):
Are you talking about Mr. Cozzi?
George Bolton (01:39:18):
Yes.
Alexandra Spadaro (01:39:18):
At 8:37?
George Bolton (01:39:19):
Yes.
Alexandra Spadaro (01:39:20):
How was he identified?
George Bolton (01:39:22):
By the red sweatshirt.
Alexandra Spadaro (01:39:24):
Did somebody point him out and identify him?
George Bolton (01:39:25):
Yes.
Alexandra Spadaro (01:39:25):
Okay. Who was that?
George Bolton (01:39:28):
Jake Blanchard and Rebecca Waters.
Alexandra Spadaro (01:39:31):
While reviewing that surveillance throughout the day, did you ever see that person in the red sweater exit building B?
George Bolton (01:39:37):
No, we did not.
Alexandra Spadaro (01:39:38):
Did you see anyone exit building B?
George Bolton (01:39:41):
Yes. At about 10:22, there's a male pulling a wagon, a dark-colored wagon with a red covering, and he pulls that back to the Toyota Tundra.
Alexandra Spadaro (01:39:52):
And at what point or any point do you see the Toyota Tundra leave?
George Bolton (01:39:57):
Leaves the parking lot at about 11:16 that morning.
Alexandra Spadaro (01:40:01):
Was Steven's husband Michael on scene?
George Bolton (01:40:03):
He was.
Alexandra Spadaro (01:40:04):
Did you have an opportunity to do an interview with him?
George Bolton (01:40:07):
I did.
Alexandra Spadaro (01:40:07):
Any other officers with you while you did that?
George Bolton (01:40:10):
Myself and Detective Compton spoke to him.
Alexandra Spadaro (01:40:12):
Where did that interview take place?
George Bolton (01:40:14):
In my car in the parking lot of the 1501 South Belcher.
Alexandra Spadaro (01:40:18):
And how long did that interview last?
George Bolton (01:40:20):
We spoke for about an hour.
Alexandra Spadaro (01:40:22):
Without telling me the specifics of what Michael told you during that interview, because that would be hearsay, did he provide you with information that helped you with your investigation?
George Bolton (01:40:31):
He did.
Alexandra Spadaro (01:40:31):
Did he give you consent to search his vehicle?
George Bolton (01:40:34):
He did.
Alexandra Spadaro (01:40:34):
Did he also fill out a witness statement?
George Bolton (01:40:37):
He did.
Alexandra Spadaro (01:40:37):
Was he cooperative with you and other members of law enforcement?
George Bolton (01:40:40):
He was very cooperative with us.
Alexandra Spadaro (01:40:42):
While you were interviewing Michael, were other detectives interviewing other potential witnesses?
George Bolton (01:40:46):
They were.
Alexandra Spadaro (01:40:46):
During that time or any point on March 21st, was Steven located?
George Bolton (01:40:50):
No, he was not.
Alexandra Spadaro (01:40:51):
So let's go to the next day, March 22nd. Did you continue your investigation on that day?
George Bolton (01:40:56):
I did.
Alexandra Spadaro (01:40:57):
Did you make contact with Steven's husband, Michael, again on that day?
George Bolton (01:41:00):
I did.
Alexandra Spadaro (01:41:01):
Was that alongside Detective Hunt?
George Bolton (01:41:02):
Correct.
Alexandra Spadaro (01:41:03):
Where did that take place?
George Bolton (01:41:05):
That was at Steven Cozzi and Michael Montgomery's residence.
Alexandra Spadaro (01:41:08):
And where is that located?
George Bolton (01:41:10):
It was 1957 Whitney Way.
Alexandra Spadaro (01:41:13):
Why did you go to his residence?
George Bolton (01:41:16):
I took photographs of their residence as I saw and as it was when we arrived. We collected some electronic devices belonging to Steven Cozzi, and we also got Ring camera surveillance footage from their front door.
Alexandra Spadaro (01:41:31):
So with the electronics, were those ultimately given to Detective Moore?
George Bolton (01:41:36):
They were.
Alexandra Spadaro (01:41:36):
And to your knowledge, did anything of evidentiary value come from those electronics?
George Bolton (01:41:41):
Not to my knowledge.
Alexandra Spadaro (01:41:42):
What about the Ring footage? Did you review that?
George Bolton (01:41:45):
I did.
Alexandra Spadaro (01:41:45):
What did you observe?
George Bolton (01:41:47):
Mr. Cozzi is walking out the front door at about 8:09 that morning. He's wearing jeans and a red sweatshirt.
Alexandra Spadaro (01:41:55):
And that's on the 21st?
George Bolton (01:41:55):
Yes.
Alexandra Spadaro (01:41:59):
Did you ultimately make your way back to 1501 South Belcher that day?
George Bolton (01:42:03):
I did.
Alexandra Spadaro (01:42:00):
... make your way back to 1501 South Belcher that day?
Colin Bolton (01:42:03):
I did.
Alexandra Spadaro (01:42:04):
Did Michael go to the scene as well?
Colin Bolton (01:42:05):
He did.
Alexandra Spadaro (01:42:06):
Why?
Colin Bolton (01:42:07):
To have his shoes photographed.
Alexandra Spadaro (01:42:09):
Was he cooperative when he went there?
Colin Bolton (01:42:10):
He was.
Alexandra Spadaro (01:42:13):
When you went back on this day, were forensics from the sheriff's office actively processing the scene?
Colin Bolton (01:42:18):
They were.
Alexandra Spadaro (01:42:18):
Were there forensic vans out front and law enforcement vehicles still there?
Colin Bolton (01:42:24):
Numerous forensics vehicles. It's law enforcement vehicles.
Alexandra Spadaro (01:42:27):
Could those vehicles be seen from Belcher Road?
Colin Bolton (01:42:29):
Yes.
Alexandra Spadaro (01:42:32):
After forensics was done processing, what did you do?
Colin Bolton (01:42:36):
I did a walkthrough of the scene with the supervisors that were on scene there.
Alexandra Spadaro (01:42:41):
Alongside Detective Hunt as well?
Colin Bolton (01:42:43):
Yes.
Alexandra Spadaro (01:42:44):
During these two days, had other officers located video and photographic evidence that tracked that gray Tundra you discussed in their surveillance to a particular residence?
Colin Bolton (01:42:53):
They had.
Alexandra Spadaro (01:42:54):
And where was that residence located?
Colin Bolton (01:42:57):
It was 511 Seaview Drive in Tarpon Springs.
Alexandra Spadaro (01:43:01):
As a lead detective, did you learn who owned that residence?
Colin Bolton (01:43:03):
I did.
Alexandra Spadaro (01:43:04):
And who was that?
Colin Bolton (01:43:05):
It was Tomasz Kosowski.
Alexandra Spadaro (01:43:07):
Did you learn if he had any vehicles registered to him?
Colin Bolton (01:43:10):
I did. I found that he had a trailer, a motorcycle, and a red Toyota four-door registered to him.
Alexandra Spadaro (01:43:17):
What about a gray Toyota Tundra?
Colin Bolton (01:43:18):
No.
Alexandra Spadaro (01:43:20):
Was the gray truck located on that day?
Colin Bolton (01:43:24):
It was not.
Alexandra Spadaro (01:43:24):
What about Steven?
Colin Bolton (01:43:26):
No, he was not.
Alexandra Spadaro (01:43:27):
So then let's move on to the next day, March 23rd. Detective Hunt had already testified, but you and him go to that residence, right?
Colin Bolton (01:43:33):
We did.
Alexandra Spadaro (01:43:34):
And was that to try and speak with Tomasz Kosowski with a consensual encounter, a knock and talk?
Colin Bolton (01:43:39):
Correct.
Alexandra Spadaro (01:43:40):
Was he there?
Colin Bolton (01:43:42):
He was not.
Alexandra Spadaro (01:43:42):
So were you able to conduct that meeting or interview with him?
Colin Bolton (01:43:46):
No, we were not.
Alexandra Spadaro (01:43:48):
Did you later obtain a search warrant for his residence in the evening hours of March 23rd?
Colin Bolton (01:43:51):
I did.
Alexandra Spadaro (01:43:52):
Were you the one who authored that warrant?
Colin Bolton (01:43:54):
I was.
Alexandra Spadaro (01:43:55):
And was it signed by a judge?
Colin Bolton (01:43:56):
It was.
Alexandra Spadaro (01:43:57):
Around what time was it signed?
Colin Bolton (01:43:59):
I believe about 11:00 PM that night.
Alexandra Spadaro (01:44:01):
And which agency actually, although you authored the warrant, which agency actually served the warrant?
Colin Bolton (01:44:06):
The Tarpon Springs Police Department.
Alexandra Spadaro (01:44:07):
And why is that?
Colin Bolton (01:44:09):
Because it's in their jurisdiction.
Alexandra Spadaro (01:44:11):
Did the Pinellas County Sheriff's Office Forensics also come and help with the search?
Colin Bolton (01:44:16):
They did.
Alexandra Spadaro (01:44:17):
Now you were present. Did you search or seize anything from that residence?
Colin Bolton (01:44:21):
I did not.
Alexandra Spadaro (01:44:22):
Did you enter the residence at some point?
Colin Bolton (01:44:24):
I did.
Alexandra Spadaro (01:44:25):
After the house was cleared by Tarpon Springs, did the garage door open?
Colin Bolton (01:44:30):
It was opened, yes.
Alexandra Spadaro (01:44:31):
And were there any vehicles inside the garage?
Colin Bolton (01:44:33):
There was. It was a gray Toyota Tundra with red badging.
Alexandra Spadaro (01:44:39):
Did it still have... Let me back up. Throughout your investigation, did you hear whether or not someone had identified a certain tag on that vehicle when it was seen at the Blanchard Law Firm?
Colin Bolton (01:44:48):
Yes. There was a New Jersey license plate that was seen on that vehicle.
Alexandra Spadaro (01:44:52):
And when the garage doors opened and the truck was located, was the New Jersey tag affixed to that vehicle?
Colin Bolton (01:44:57):
It was not.
Alexandra Spadaro (01:45:04):
Did you see the sheriff's office process the truck?
Colin Bolton (01:45:08):
I did.
Alexandra Spadaro (01:45:08):
Was there anything of relevance located while forensics was processing the truck inside of the garage?
Colin Bolton (01:45:14):
I was informed that there were presumptive positive tests for blood on the tailgate. There was a license plate rotator affixed to the rear bumper of the truck.
Alexandra Spadaro (01:45:28):
You mentioned that New Jersey license plate. Was it ever located inside of the garage?
Colin Bolton (01:45:33):
The New Jersey tag? No, it was not.
Alexandra Spadaro (01:45:35):
Were other license plates located?
Colin Bolton (01:45:37):
There were several.
Alexandra Spadaro (01:45:39):
And did all of them belong to Tomasz Kosowski?
Colin Bolton (01:45:42):
No, they did not.
Alexandra Spadaro (01:45:44):
Was anything else located inside of the garage that had evidentiary value?
Colin Bolton (01:45:49):
There was a wagon similar to what we had seen leaving the scene and then later in the bed of the Toyota Tundra, same brand. This one was black with yellow striping on the side. It had a distinct yellow accent on the handle as well.
Alexandra Spadaro (01:46:04):
Was that collected by either Tarpon Springs or the sheriff's office?
Colin Bolton (01:46:10):
It was not.
Alexandra Spadaro (01:46:10):
Why is that?
Colin Bolton (01:46:11):
It was obvious that it wasn't the one seen in the rear of the truck.
Alexandra Spadaro (01:46:13):
Were photographs taken of the wagon?
Colin Bolton (01:46:15):
They were.
Alexandra Spadaro (01:46:18):
Were you also present... After the vehicle had been towed, were you present when the Pinellas County Sheriff's Office processed the floor of the garage?
Colin Bolton (01:46:27):
I was.
Alexandra Spadaro (01:46:27):
And what did you see?
Colin Bolton (01:46:30):
There was immediate luminescence from the luminol that they applied to the floor.
Alexandra Spadaro (01:46:35):
In addition to the garage being searched, was the upstairs as well as the outside of the residence searched by Tarpon Springs and the sheriff's office?
Colin Bolton (01:46:43):
It was.
Alexandra Spadaro (01:46:43):
And was Steven located at the residence?
Colin Bolton (01:46:45):
He was not.
Alexandra Spadaro (01:46:46):
So now we're on day four of Steven being missing, which is March 24th, 2023. You've now found the truck of interest, you found some evidence that is very consistent with the wagon and now blood evidence, but no Tomasz Kosowski. So does law enforcement attempt to locate him on this day?
Colin Bolton (01:47:05):
We did.
Alexandra Spadaro (01:47:05):
Where?
Colin Bolton (01:47:06):
I believe some of our detectives had traveled to Miami. I don't recall exactly who that was, but they had gone down to work with what little information we had at the time.
Alexandra Spadaro (01:47:15):
And why did they go to Miami?
Colin Bolton (01:47:17):
To attempt to locate him and his red Corolla.
Alexandra Spadaro (01:47:21):
To your knowledge or to their knowledge, was there some ties to Miami?
Colin Bolton (01:47:24):
There were.
Alexandra Spadaro (01:47:25):
And were they successful in locating him?
Colin Bolton (01:47:28):
They were not.
Alexandra Spadaro (01:47:29):
As a result, did a BOLO get issued?
Colin Bolton (01:47:32):
Yes.
Alexandra Spadaro (01:47:33):
Which is another word for... An acronym for be on the lookout?
Colin Bolton (01:47:35):
Yes.
Alexandra Spadaro (01:47:36):
So a BOLO alongside of his vehicle, was that affixed to the BOLO as well?
Colin Bolton (01:47:40):
Yes.
Alexandra Spadaro (01:47:41):
Red Corolla? And what about Steven? Was he located on this day?
Colin Bolton (01:47:44):
He was not.
Alexandra Spadaro (01:47:45):
Okay. So moving on to day five of Steven being missing, March 25th, 2023, on that day, was Tomasz Kosowski located?
Colin Bolton (01:47:50):
He was.
Alexandra Spadaro (01:47:50):
How?
Colin Bolton (01:47:50):
The Tarpon Springs Police Department affected a traffic stop in the area of Orange Street.
Alexandra Spadaro (01:48:01):
And after Tarpon Springs conducted the traffic stop, did you and Detective Hunt respond to that location?
Colin Bolton (01:48:07):
We did.
Alexandra Spadaro (01:48:08):
After you got on scene, did Detective Hunt obtain a search warrant for his vehicle?
Colin Bolton (01:48:12):
He did.
Alexandra Spadaro (01:48:13):
And did Tarpon Springs serve the warrant on that vehicle?
Colin Bolton (01:48:15):
They did.
Alexandra Spadaro (01:48:16):
What was the reason for that?
Colin Bolton (01:48:17):
It was their jurisdiction again.
Alexandra Spadaro (01:48:19):
Same thing as the residence?
Colin Bolton (01:48:20):
Correct.
Alexandra Spadaro (01:48:22):
Okay. Was the car processed on scene, kind of a cursory processing?
Colin Bolton (01:48:26):
Yes.
Alexandra Spadaro (01:48:27):
And after that, was the car towed to the evidence bay located at the sheriff's office?
Colin Bolton (01:48:32):
It was.
Alexandra Spadaro (01:48:34):
At some point, was a body warrant sought that night for Tomasz Kosowski?
Colin Bolton (01:48:38):
It was.
Alexandra Spadaro (01:48:38):
Did you author that warrant or was it a different officer?
Colin Bolton (01:48:41):
I did not. That was Detective Moore.
Alexandra Spadaro (01:48:43):
Did you maintain at the stop scene while Detective Moore was trying to obtain that warrant?
Colin Bolton (01:48:47):
Yes.
Alexandra Spadaro (01:48:48):
And where was Tomasz Kosowski located while all of this is taking place?
Colin Bolton (01:48:52):
He was in the rear of a Tarpon Springs cruiser.
Alexandra Spadaro (01:48:55):
Was he handcuffed before being placed in the cruiser?
Colin Bolton (01:48:58):
He was.
Alexandra Spadaro (01:48:59):
In front or behind?
Colin Bolton (01:49:01):
His hands behind his back.
Alexandra Spadaro (01:49:04):
Did you make contact with him while he was sitting in the cruiser?
Colin Bolton (01:49:06):
Several times.
Alexandra Spadaro (01:49:08):
Do you see him in the courtroom today?
Colin Bolton (01:49:09):
I do.
Alexandra Spadaro (01:49:10):
Will you please point to him and identify an article of clothing?
Colin Bolton (01:49:14):
Mr. Kosowski's wearing the orange shirt at the table behind you.
Alexandra Spadaro (01:49:17):
May the record reflect the witness has identified the defendant.
The Court (01:49:19):
The record shall so reflect.
Alexandra Spadaro (01:49:20):
Thank you.
(01:49:22)
Was the body warrant ultimately served?
Colin Bolton (01:49:25):
It was.
Alexandra Spadaro (01:49:26):
When was that?
Colin Bolton (01:49:27):
That was the late evening of the 25th.
Alexandra Spadaro (01:49:29):
Okay. Going into the early morning hours of the 26th, too?
Colin Bolton (01:49:33):
Correct.
Alexandra Spadaro (01:49:34):
Where did that take place?
Colin Bolton (01:49:35):
That was at the Tarpon Springs Police Department.
Alexandra Spadaro (01:49:37):
Were you present for that?
Colin Bolton (01:49:38):
I was.
Alexandra Spadaro (01:49:39):
And who actually read the warrant to the defendant?
Colin Bolton (01:49:42):
It was Deputy Spicer with the Pinellas County Sheriff's Office.
Alexandra Spadaro (01:49:45):
And who collected the items off of his person to include a buccal swab, photographs, et cetera?
Colin Bolton (01:49:53):
It was Forensic Specialist King with the Pinellas County Sheriff's Office.
Alexandra Spadaro (01:49:56):
After the body warrant was served, leading from late hours of the 25th into the early hours of the 26th, based on all of the information that you have learned through the course of this investigation, did you place Tomasz Kosowski under arrest for the murder of Steven Cozzi?
Colin Bolton (01:50:10):
I did.
Alexandra Spadaro (01:50:12):
After he was arrested, did you go to the Pinellas County Sheriff's Office vehicle processing bay where the Toyota Corolla had been towed after the traffic stop?
Colin Bolton (01:50:20):
I did.
Alexandra Spadaro (01:50:20):
Were you informed of everything that was located inside of that vehicle?
Colin Bolton (01:50:23):
Yes, and I observed it as well.
Alexandra Spadaro (01:50:25):
Did you continue your investigation on March 27th, 2026?
Colin Bolton (01:50:29):
We did.
Alexandra Spadaro (01:50:30):
So now Steven's been missing for a week, right?
Colin Bolton (01:50:32):
Yes.
Alexandra Spadaro (01:50:33):
What's the next step in your investigation?
Colin Bolton (01:50:36):
We were trying to locate Tomasz Kosowski's residence and anywhere he may have been in the Miami area.
Alexandra Spadaro (01:50:41):
Okay. How did you do that?
Colin Bolton (01:50:43):
We had reviewed jail phone calls and I believe he's speaking to his mother and he's making arrangements for a house in Miami. He tells her to speak Polish at one point, and he does briefly.
(01:50:57)
And then he mentions a landlord, Matthew Mackle. We had a Polish speaker in our unit, or the lieutenant of the unit at the time was a Polish speaker, and he translated what was said in Polish to 12380. We researched in the Miami-Dade property appraiser's website, Matthew Mackle, any addresses he might have. There was a Matthew Mackle that owned 12380 95th Southwest Terrace.
Alexandra Spadaro (01:51:24):
Did law enforcement actually make contact with Matthew Mackle?
Colin Bolton (01:51:27):
We did.
Alexandra Spadaro (01:51:28):
And was he willing to assist in the investigation?
Colin Bolton (01:51:31):
He was.
Alexandra Spadaro (01:51:31):
Was a search warrant obtained for Dr. Kosowski's Miami residence located at the address you just gave?
Colin Bolton (01:51:36):
It was.
Alexandra Spadaro (01:51:38):
Was that through Largo or was that through Miami-Dade Police Department?
Colin Bolton (01:51:41):
That was through the Miami-Dade Police Department.
Alexandra Spadaro (01:51:42):
And again, is that because it was way outside your jurisdiction?
Colin Bolton (01:51:45):
Very much so.
Alexandra Spadaro (01:51:46):
Okay. A judge there, did they have to sign it in that county?
Colin Bolton (01:51:49):
They did.
Alexandra Spadaro (01:51:50):
Did you, though, go to that residence?
Colin Bolton (01:51:52):
I did.
Alexandra Spadaro (01:51:53):
Was Steven Cozzi located at his residence in Miami?
Colin Bolton (01:51:56):
He was not.
Alexandra Spadaro (01:51:57):
Was there anything that you found that was relevant to your investigation?
Colin Bolton (01:52:01):
There was another Gorilla cart in that residence. The residence was void of any real furniture or any other normal household items, but there was a red Gorilla cart in one of the back rooms.
Alexandra Spadaro (01:52:15):
Were the dogs located as well?
Colin Bolton (01:52:17):
The dogs were in that residence, yes.
Alexandra Spadaro (01:52:19):
What kind of dogs?
Colin Bolton (01:52:21):
Little dachshunds, I believe.
Alexandra Spadaro (01:52:30):
May I approach the court?
The Court (01:52:30):
You may.
Alexandra Spadaro (01:52:30):
[inaudible 01:52:31] marked 124A. Yes. 124A.
(01:52:37)
May I approach the witness?
The Court (01:52:37):
You may.
Alexandra Spadaro (01:52:37):
Detective, I'm handing you what's been pre-marked as State 124A and B. If you could just look at this and let me know if you recognize it.
Colin Bolton (01:52:48):
I do.
Alexandra Spadaro (01:52:48):
Okay. And what are we looking at?
Colin Bolton (01:52:52):
It's a red Gorilla cart similar to what we had seen in the back of the truck and in the garage at 511 Seaview.
Alexandra Spadaro (01:52:59):
Was this the actual Gorilla cart that was located at his Miami residence?
Colin Bolton (01:53:02):
It was.
Alexandra Spadaro (01:53:03):
And does these photographs fairly and accurately depict both sides of the Gorilla cart that was located?
Colin Bolton (01:53:11):
They do.
Alexandra Spadaro (01:53:11):
At this time, the State would offer into evidence 124A and B into evidence as 124A and B.
The Court (01:53:14):
Any objection?
Mr. Kosowski (01:53:16):
Yes, Your Honor. It's a product of a search warrant. And I'm sorry, I forgot to object earlier to the testimony of this witness. He testified at length about-
The Court (01:53:25):
Is it based upon the search warrant?
Mr. Kosowski (01:53:27):
Yes. Yes, Your Honor.
The Court (01:53:27):
Okay. Overruled. So 124A and B are admitted.
Alexandra Spadaro (01:53:33):
Permission to publish?
The Court (01:53:34):
You may.
Alexandra Spadaro (01:53:40):
Thank you.
(01:53:40)
Detective Bolton, can you see the screen okay?
Colin Bolton (01:53:40):
I can.
Alexandra Spadaro (01:53:42):
Is this the same Gorilla cart that you located at this Miami residence?
Colin Bolton (01:53:46):
It is.
Alexandra Spadaro (01:53:47):
Okay. And was this cart seized by Miami-Dade?
Colin Bolton (01:53:50):
No, it was not.
Alexandra Spadaro (01:53:51):
Why is that?
Colin Bolton (01:53:52):
It was obviously not the cart that we had seen in the bed of the Tundra.
Alexandra Spadaro (01:53:55):
Thank you. Did you also research Dr. Kosowski's affiliations in Miami, primarily work related?
Colin Bolton (01:54:06):
I did.
Alexandra Spadaro (01:54:06):
And what did you learn?
Colin Bolton (01:54:09):
I learned that he was employed by the Kendall Surgery Center and at least somewhat affiliated with the Xiluet Surgery Center in the same area, and I believe they were related by business somehow.
Alexandra Spadaro (01:54:22):
Okay. And Xiluet, just for Madam Court Reporter, is X-I-L-U-E-T, is that right?
Colin Bolton (01:54:27):
Yes.
Alexandra Spadaro (01:54:30):
Did you go to either of those surgery centers?
Colin Bolton (01:54:33):
We learned that he hadn't performed any surgeries at Xiluet and we went to the Kendall Surgery Center.
Alexandra Spadaro (01:54:39):
When you went to the Kendall Surgery Center, were you able to review surgery logs?
Colin Bolton (01:54:43):
I was.
Alexandra Spadaro (01:54:45):
And were you able to confirm whether or not Dr. Kosowski had been working and performing surgeries between March 22nd and March 25th prior to him returning to Tarpon Springs?
Colin Bolton (01:54:55):
He had. He had performed some surgeries on the 22nd and on the 23rd.
Alexandra Spadaro (01:55:01):
Based on your review of the logs, did he have any specific days of the week that he tended to perform surgeries?
Colin Bolton (01:55:08):
There was a preference for working Wednesdays, Thursdays, and Fridays.
Alexandra Spadaro (01:55:13):
While you were there, did you also observe any medications that were relevant to your investigation?
Colin Bolton (01:55:19):
I did. They also used succinylcholine chloride.
Alexandra Spadaro (01:55:24):
And did you observe any vials of that succinylcholine at the Kendall Surgery Center?
Colin Bolton (01:55:28):
I did. There were some in the refrigerator in a back room.
Alexandra Spadaro (01:55:31):
Okay. Is that how they were stored, in the refrigerator?
Colin Bolton (01:55:35):
Yes, it was a refrigerator in kind of a common area of the office.
Alexandra Spadaro (01:55:39):
Was it locked?
Colin Bolton (01:55:40):
No, it was not.
Alexandra Spadaro (01:55:43):
So now I want to jump to March 30th, 2023. Steven still hasn't been located yet, right?
Colin Bolton (01:55:48):
No.
Alexandra Spadaro (01:55:48):
And at that point, had you been informed by Detective Moore's findings as it related to Dr. Kosowski's location data for that week?
Colin Bolton (01:55:57):
I had.
Alexandra Spadaro (01:55:59):
Did that bring you and other members of Largo Police Department somewhere off of the Tamiami Trail?
Colin Bolton (01:56:05):
Yes, to the area of Loop Road.
Alexandra Spadaro (01:56:07):
Did you travel to that area?
Colin Bolton (01:56:09):
I did.
Alexandra Spadaro (01:56:09):
When was that?
Colin Bolton (01:56:12):
Early the next morning. Detective Moore and Sergeant Vegenski had traveled there that night, and then I followed behind them and just met them in the area that night, but I didn't go that evening.
Alexandra Spadaro (01:56:22):
So the 31st would be the day that you went?
Colin Bolton (01:56:24):
The 31st, correct. Yes.
Alexandra Spadaro (01:56:25):
When you got there on the 31st, what time was it?
Colin Bolton (01:56:29):
It was about 7:00 AM.
Alexandra Spadaro (01:56:30):
Was it still dark out?
Colin Bolton (01:56:32):
I think the sun was just coming up.
Alexandra Spadaro (01:56:34):
Were there lights down Loop Road?
Colin Bolton (01:56:36):
There were not.
Alexandra Spadaro (01:56:37):
What about any surveillance?
Colin Bolton (01:56:40):
None that I could see.
Alexandra Spadaro (01:56:41):
What kind of road was it?
Colin Bolton (01:56:43):
It's desolate in all directions.
Alexandra Spadaro (01:56:45):
Was it a dirt road?
Colin Bolton (01:56:46):
It was.
Alexandra Spadaro (01:56:49):
What surrounded that dirt road?
Colin Bolton (01:56:55):
It's just swamp and vegetation.
Alexandra Spadaro (01:56:58):
Was there a parking lot located off of that road?
Colin Bolton (01:57:02):
There was. It was a small parking lot for what used to be a rest station or a gas station or a rest area.
Alexandra Spadaro (01:57:11):
Did any other agencies respond to help with the search of that area for Steven?
Colin Bolton (01:57:16):
There were several. There was the Miccosukee Indian Tribe Police, there was the National Park Service, FWC, and the Collier County Sheriff's Office.
Alexandra Spadaro (01:57:25):
And were they briefed on specific things to look for?
Colin Bolton (01:57:29):
They were. I'd shown them photographs of what Steven Cozzi had been wearing. I told them of items that were relevant, the wagon specifically, license plates as well.
Alexandra Spadaro (01:57:40):
Once the search began, did you, along with other members of law enforcement, search the surrounding fields with high vegetation?
Colin Bolton (01:57:47):
We did.
Alexandra Spadaro (01:57:48):
Did you encounter a lot of wildlife?
Colin Bolton (01:57:49):
We did.
Alexandra Spadaro (01:57:50):
Alligator, snakes?
Colin Bolton (01:57:51):
All of it.
Alexandra Spadaro (01:57:52):
What about Steven? Was he located?
Colin Bolton (01:57:53):
No, he was not.
Alexandra Spadaro (01:57:55):
Did you locate a dumpster on that road or did you see one?
Colin Bolton (01:57:57):
I did.
Alexandra Spadaro (01:57:58):
Was that an area of interest?
Colin Bolton (01:57:59):
It was.
Alexandra Spadaro (01:58:00):
Why?
Colin Bolton (01:58:02):
It's hidden back from the road. It can't really be seen from the road. It was just apparent to me that that was a place that a body could be hidden. It's something that is routinely emptied where the contents are moved and the openings are low to the ground.
Alexandra Spadaro (01:58:23):
Okay. Was there a side door on that dumpster?
Colin Bolton (01:58:26):
There was.
Alexandra Spadaro (01:58:27):
Was it locked?
Colin Bolton (01:58:29):
It was just held by a... There was a chain with a carabiner, but no lock.
Alexandra Spadaro (01:58:34):
Did you need a key to open it?
Colin Bolton (01:58:35):
No.
Alexandra Spadaro (01:58:36):
Did you look in the dumpster?
Colin Bolton (01:58:38):
I did.
Alexandra Spadaro (01:58:39):
And was Steven found?
Colin Bolton (01:58:42):
He was not.
Alexandra Spadaro (01:58:42):
Was it processed for possible blood and fingerprints?
Colin Bolton (01:58:45):
It was.
Alexandra Spadaro (01:58:45):
Okay. And did that reveal anything of evidentiary value?
Colin Bolton (01:58:49):
I believe there was a presumptive positive for blood from the bottom of the dumpster.
Alexandra Spadaro (01:58:55):
Did you learn when that container had first been picked up after March 21st, 2023?
Colin Bolton (01:59:01):
I did. It had been picked up on March 23rd.
Alexandra Spadaro (01:59:05):
And did you learn what specific truck actually picked up the contents of that container?
Colin Bolton (01:59:09):
I did.
Alexandra Spadaro (01:59:10):
Did you review any video surveillance or video footage from that truck as it was picking up that container?
Colin Bolton (01:59:16):
I did. The truck records videos of each dumpster being dumped into the hopper of the truck.
Alexandra Spadaro (01:59:24):
The Court's already seen that video, but did it give you cause for concern?
Colin Bolton (01:59:26):
Immediately.
Alexandra Spadaro (01:59:28):
As a result, did you learn where the dump truck would have dumped the contents of that dumpster?
Colin Bolton (01:59:35):
I did.
Alexandra Spadaro (01:59:35):
Where?
Colin Bolton (01:59:36):
It was the Collier County landfill.
Alexandra Spadaro (01:59:38):
Did you, along with other members of law enforcement, travel to the Collier County landfill to try and search for Steven?
Colin Bolton (01:59:44):
We did.
Alexandra Spadaro (01:59:45):
And when was that?
Colin Bolton (01:59:46):
That was on April 1st.
Alexandra Spadaro (01:59:49):
We've seen photos of it, big landfill, right?
Colin Bolton (01:59:51):
Very big.
Alexandra Spadaro (01:59:52):
So a lot of people are helping, is that fair?
Colin Bolton (01:59:54):
Yes.
Alexandra Spadaro (01:59:55):
Were employees with Waste Management able to pinpoint an area where the dumpster came and dropped off the contents on March 23rd, 2023?
Colin Bolton (02:00:03):
They were.
Alexandra Spadaro (02:00:04):
Did you all search that area?
Colin Bolton (02:00:05):
We did.
Alexandra Spadaro (02:00:06):
We've heard how the operation works, but from your perspective, how were you guys able to do this?
Colin Bolton (02:00:13):
We had two bucket trucks that were essentially picking up an amount of trash that the bucket could handle. They would dump it at our feet, and then we would sift through it with rakes and shovels, and we'd just do that over and over every day from sunup to sundown.
Alexandra Spadaro (02:00:30):
How many days were you there?
Colin Bolton (02:00:32):
I was there for two days.
Alexandra Spadaro (02:00:34):
And was Steven ever located?
Colin Bolton (02:00:35):
He was not.
Alexandra Spadaro (02:00:39):
Now, during your investigation, are you the one, as the lead detective assigned to this case, are you the one responsible for determining what swabs or what items of evidence get sent to the Pinellas County Forensic Laboratory for serological and DNA testing?
Colin Bolton (02:00:54):
I am.
Alexandra Spadaro (02:00:54):
We've already heard that the lab is an independent lab, so it's not affiliated with Largo, right?
Colin Bolton (02:01:00):
Right.
Alexandra Spadaro (02:01:00):
Okay. Is there a limit they give you on how many items you can submit for testing?
Colin Bolton (02:01:06):
There is, and I don't recall exactly what the individual limit per case is.
Alexandra Spadaro (02:01:10):
That's okay. Did you exceed that limit?
Colin Bolton (02:01:12):
Yes.
Alexandra Spadaro (02:01:13):
With your request?
Colin Bolton (02:01:13):
Yes, we did.
Alexandra Spadaro (02:01:14):
What did you do as a result? Did you try and get more swabs tested because you were past the limit?
Colin Bolton (02:01:19):
Yes.
Alexandra Spadaro (02:01:19):
What did you do?
Colin Bolton (02:01:20):
Yes. I had a meeting with the lab director at the time and Mr. Vonderheide. We discussed the case with them, and then we discussed the depth of the investigation, and they agreed to continually accept more samples for DNA analysis.
Alexandra Spadaro (02:01:40):
Was it limitless at that point or did you still have to cut off?
Colin Bolton (02:01:43):
Essentially, yeah. In the coming weeks and months, and even into the next year or two, I continued to submit samples.
Alexandra Spadaro (02:01:49):
Okay. Still though, could you submit every single swab that was tested?
Colin Bolton (02:01:52):
No, we couldn't.
Alexandra Spadaro (02:01:53):
Okay. Or collected, I should say. Okay. So now you mentioned that you guys were out at the landfill for a few days, so now we're in April. Steven has still not been found or heard from.
(02:02:05)
When you came back to Pinellas County, did you meet with his husband, Michael, and try to obtain any financial information?
Colin Bolton (02:02:12):
I did. I met with him later in April. I reviewed... They had worked off a Rocket Money app to manage their finances. I reviewed that with him, and I was also provided with a credit report that Jake Blanchard had pulled in handling Mr. Cozzi's estate.
Alexandra Spadaro (02:02:32):
Based on your review, did it appear that Steven was actively using those accounts in mid to late April?
Colin Bolton (02:02:38):
No, it did not.
Alexandra Spadaro (02:02:39):
Did you still issue subpoenas for his bank records and credit reports so that you could obtain it specifically from the agencies?
Colin Bolton (02:02:46):
I issued a subpoena to every account that was listed in the credit report, whether it was inactive or not.
Alexandra Spadaro (02:02:51):
And do you remember when that was?
Colin Bolton (02:02:56):
As soon as I got the credit report, I began drafting the subpoenas, and then those went out over the next weeks and months.
Alexandra Spadaro (02:03:02):
After receiving those documents, did you review them?
Colin Bolton (02:03:04):
I did.
Alexandra Spadaro (02:03:05):
And did it appear that he was using any of those accounts after his disappearance while reviewing those documents from the agencies?
Colin Bolton (02:03:10):
No, it did not.
Alexandra Spadaro (02:03:12):
As the lead detective in this case, now as we stand here today, have you received any information to support Steven Cozzi is alive?
Colin Bolton (02:03:19):
I have not.
Alexandra Spadaro (02:03:20):
May I have a moment?
The Court (02:03:21):
You may.
Alexandra Spadaro (02:03:24):
I have no further questions at this time. Thank you.
The Court (02:03:26):
Any cross-examination?
Mr. Kosowski (02:03:28):
Yes, Your Honor.
The Court (02:03:29):
Yes?
Mr. Kosowski (02:03:29):
Yes.
The Court (02:03:33):
Okay.
Mr. Kosowski (02:03:33):
Good afternoon or good morning. Detective Bolton, I missed hearing what you said you did earlier. What is your current role right now?
Colin Bolton (02:03:46):
The accreditation manager.
Mr. Kosowski (02:03:49):
Accreditation manager for what exactly?
Colin Bolton (02:03:51):
The Largo Police Department.
Mr. Kosowski (02:03:53):
Okay. You're no longer a homicide detective?
Colin Bolton (02:03:56):
No, I'm not.
Mr. Kosowski (02:03:57):
When did that stop?
Colin Bolton (02:03:58):
January of this year.
Mr. Kosowski (02:04:01):
Why did that stop?
Colin Bolton (02:04:02):
I just moved positions. There was an opening in that position and I interviewed and accepted it.
Mr. Kosowski (02:04:09):
Okay. In any of the surveillance videos in this case, was there ever a positive ID made of me in those videos?
Colin Bolton (02:04:19):
From the surveillance footage?
Mr. Kosowski (02:04:21):
Yes.
Colin Bolton (02:04:21):
No.
Mr. Kosowski (02:04:22):
Okay. So none of the videos from the vet's office or from Perfusion makes a positive ID of me, correct?
Colin Bolton (02:04:39):
No.
Mr. Kosowski (02:04:42):
What about when you have video of the truck driving, was there ever a positive ID made of me there?
Colin Bolton (02:04:44):
No.
Mr. Kosowski (02:04:45):
What about when you see the Corolla being driven, did you ever make a positive ID of me there?
Colin Bolton (02:04:50):
No.
Mr. Kosowski (02:04:51):
Okay. Did you or Largo Police or anybody, to your knowledge, ever collect a ramp as a piece of evidence in this case?
Colin Bolton (02:05:04):
A ramp?
Mr. Kosowski (02:05:04):
Yes, a ramp, sir.
Colin Bolton (02:05:05):
Not that I'm aware of.
Mr. Kosowski (02:05:07):
Did you observe any ramps in the truck?
Colin Bolton (02:05:12):
In the truck?
Mr. Kosowski (02:05:13):
Sure. Like, when you discovered the truck-
Colin Bolton (02:05:15):
No.
Mr. Kosowski (02:05:15):
... was there a ramp there? Or how about just in my residence, was there a ramp there?
Colin Bolton (02:05:21):
I don't recall.
Mr. Kosowski (02:05:22):
Okay. Did you observe any ramps being used in surveillance videos?
Colin Bolton (02:05:29):
None that I could see.
Mr. Kosowski (02:05:31):
Okay. So can you walk me through your theory of the alleged murder?
Colin Bolton (02:05:37):
Walk you through my theory?
Mr. Kosowski (02:05:39):
Sure.
Alexandra Spadaro (02:05:41):
Object to speculation.
The Court (02:05:42):
I'll overrule the objection.
Colin Bolton (02:05:48):
I believe that Steven Cozzi had... I'll back up. I believe that the figure scene walking from the truck enters the building, remains in the back room where your fingerprint was found, believes Steven Cozzi entered the bathroom at some point. He was followed in. There was some kind of significant bloodletting event that occurred Mr. Cozzi was the victim of.
(02:06:17)
I believe his body was placed in that wagon, was pulled to the back of the truck, was put into the back of the truck. It was driven to 511 Seaview Drive. I believe it was put into the Toyota Corolla, driven down to the dumpster in South Florida, and then that dumpster ultimately carried his body to the Collier County landfill.
Mr. Kosowski (02:06:39):
Okay. So just let me tease out a couple of points, if I may. So on the morning of the 21st, correct? I allegedly go into the bathroom and I kill Steven Cozzi there, correct?
Colin Bolton (02:06:52):
Correct.
Mr. Kosowski (02:06:53):
Okay. And then I proceed to clean up the bathroom. Is that part of your testimony as well or your theory as well?
Colin Bolton (02:06:59):
It appeared that there were attempts made to clean up the bathroom, correct.
Mr. Kosowski (02:07:02):
Okay. So I clean up the bathroom and I load Steven's Cozzi's dead body at this point, yes, into a Gorilla cart, yes?
Colin Bolton (02:07:13):
Yes.
Mr. Kosowski (02:07:13):
Okay. And I roll that cart out and then I get the cart onto the truck, correct? I load it onto the truck.
Colin Bolton (02:07:20):
Correct.
Mr. Kosowski (02:07:21):
Okay. And then I drive home, is that right?
Colin Bolton (02:07:26):
Correct.
Mr. Kosowski (02:07:26):
Okay. And then stay at home for five hours or so, correct?
Colin Bolton (02:07:32):
Correct.
Mr. Kosowski (02:07:33):
All right. And in that time period, I transfer the body to the Corolla?
Colin Bolton (02:07:37):
Correct.
Mr. Kosowski (02:07:38):
And I drive south towards Tamiami and there's a dumpster there on Loop Road, and I dumped the body there that night on the evening of the 21st, and once I dumped the body, I go on home to Miami. Is that correct?
Colin Bolton (02:07:58):
Correct.
Mr. Kosowski (02:07:59):
Okay. Did I act alone in the perpetuation of this crime?
Colin Bolton (02:08:06):
Based on all the evidence I've seen, it appears that way.
Mr. Kosowski (02:08:08):
All right. You said a moment ago that a significant bloodletting event occurred. Could you please define that for me?
Colin Bolton (02:08:20):
Something injurious happened to Steven Cozzi in that bathroom. There was a significant amount of blood that was spilled from his body and left in various areas of that bathroom.
Mr. Kosowski (02:08:32):
All right. You saying significant amount of blood, you mean volume of blood, correct?
Colin Bolton (02:08:38):
Sure.
Mr. Kosowski (02:08:39):
Okay. How did I get... Okay, so going back to the 21st, Steven's body's on a Gorilla cart. How did I get that Gorilla cart onto the truck?
Alexandra Spadaro (02:08:56):
Objection. Foundation.
The Court (02:08:59):
Well, if he has a theory on how that happened, he could answer it. If he doesn't, then how can you say he doesn't have a theory on that?
Colin Bolton (02:09:09):
So from what I recall, he weighed about 190 pounds. It's a movable amount of weight. It can be lifted and it was in a wagon, but that's an amount of weight that can be picked up and put in the bed of the truck.
(02:09:26)
If I recall correctly, that area of the parking lot, there's a large oak tree between the sidewalk and the parking lot that the truck was backed up to. I believe the roots on the ground would've brought the ground level closer to the tailgate of the truck when the tailgate was down.
Mr. Kosowski (02:09:46):
Okay. A few months ago, I believe members from the State's Attorney's Office went down and went to the truck that was in storage and measured the height of the truck. Were you part of that?
Colin Bolton (02:10:02):
No, I was not.
Mr. Kosowski (02:10:02):
Do you know the results of what happened over there?
Colin Bolton (02:10:04):
No, I do not.
Mr. Kosowski (02:10:05):
All right. Are you physically fit?
Colin Bolton (02:10:08):
I would think so.
Mr. Kosowski (02:10:09):
Do you exercise?
Colin Bolton (02:10:10):
I do.
Mr. Kosowski (02:10:12):
Do you lift weights?
Colin Bolton (02:10:13):
I do.
Mr. Kosowski (02:10:13):
Okay. Would you be willing to help in a demonstration?
Colin Bolton (02:10:23):
I could, sure.
Mr. Kosowski (02:10:25):
Wonderful. Do you see that desk that Vonderheide and Ms. Spadaro are sitting at?
Colin Bolton (02:10:31):
Yes.
Mr. Kosowski (02:10:32):
The height of that desk is 30 inches.
Colin Bolton (02:10:35):
Okay.
Mr. Kosowski (02:10:35):
Okay? A few months back, the State went and measured the height of the Toyota, and they measured that it was 28 inches from the ground to the rear bumper.
(02:10:52)
So if you swing the tailgate down, that would add a few more inches, I would say closer to four inches. So I would say that that's a pretty good analog, maybe a little bit less of the height that somebody would have to lift a person to load it onto the Toyota tailgate.
(02:11:11)
Now, we have a Gorilla cart in evidence right now. What I propose we do is that we take that Gorilla cart, we ask for a volunteer that's approximately 190, 195 pounds to get into that Gorilla cart, and I would like you to lift that Gorilla cart with that person onto that desk.
Mr. Vonderheide (02:11:33):
And Your Honor, I would object to this demonstration that the defendant is asking for. First of all, the relative strength capabilities would be relevant to Dr. Kosowski as it relates to the time period back in March 21st, 2023. It would not be relevant to this detective who's testified here today.
(02:11:52)
I'm not sure where you're going to find a 190 pound volunteer to [inaudible 02:11:56] Gorilla cart to volunteer to be put on the table here today in this courtroom. So I would object to the demonstration [inaudible 02:12:04].
The Court (02:12:05):
All right. I'll sustain the objection.
(02:12:06)
But you made your point.
Mr. Kosowski (02:12:09):
I don't think I have, Your Honor.
The Court (02:12:13):
Well, I say you have, so you may continue with your cross-examination.
Mr. Kosowski (02:12:16):
Your Honor, their theory is that I took 195-pound person in a cart and somehow lifted those two weights together and loaded it onto the back of a truck. He's telling you that I committed murder and he's trying to kill me for it. All right? That is their theory. The least that they have to do is show me that this is plausible.
(02:12:47)
Now I, because of my career, I know what it's like to transfer 195-pound people all the time because I transfer people from OR tables to gurneys all the time. All right?
(02:13:01)
If your theory is real, you should have no problem lifting that cart up with 195 person onto that desk. Now, please.
The Court (02:13:13):
All right. I understand your argument and I'll take it into consideration, but we're not going to have that type of demonstration in the courtroom. So you may continue with your cross-examination.
Mr. Kosowski (02:13:45):
Have you ever lifted 195-pound person up in the air before?
Colin Bolton (02:13:52):
195 pound person?
Mr. Kosowski (02:13:54):
Yeah.
Colin Bolton (02:13:55):
I've dragged people. I've carried people in various manners.
Mr. Kosowski (02:14:03):
And you think you would be able to lift 195-pound person in a cart onto that table?
Colin Bolton (02:14:08):
I believe so.
Mr. Kosowski (02:14:14):
No further questions, Your Honor.
The Court (02:14:15):
All right. Any redirect?
Alexandra Spadaro (02:14:16):
Briefly.
(02:14:16)
Detective Bolton, Dr. Kosowski referenced that no one was able to positively ID him in that Toyota Tundra. Were you able to possibly ID the actual truck that left the law firm?
Colin Bolton (02:14:30):
I was.
Alexandra Spadaro (02:14:31):
And was it able to be tracked back down to the residence?
Colin Bolton (02:14:34):
It was.
Alexandra Spadaro (02:14:34):
Which was whose again?
Colin Bolton (02:14:36):
Mr. Kosowski's.
Alexandra Spadaro (02:14:36):
Okay. Now in addition to following the truck back, were there other ways that Dr. Kosowski was identified as being in the area or at the Blanchard Law Firm on March 21st, 2023 at approximately 10:30 in the morning?
Colin Bolton (02:14:50):
From his call detail records.
Alexandra Spadaro (02:14:52):
Okay. When he pinged off the cell phone tower that was right by the law firm?
Colin Bolton (02:14:55):
Correct.
Alexandra Spadaro (02:14:58):
And although no positive ID was made on the person driving the Corolla, was it seen on surveillance footage at the house next door to Dr. Kosowski's leaving his residence?
Colin Bolton (02:15:06):
It was.
Alexandra Spadaro (02:15:08):
In addition to his Corolla being tracked on different cameras, such as toll cameras and flock cameras, what about his cell phone?
Colin Bolton (02:15:18):
It corresponded with the movements of the vehicle.
Alexandra Spadaro (02:15:26):
In addition to being able to track himself, as Dr. Kosowski mentioned, down to Tamiami Trail, did he make a pit stop on his way down to Miami on the 21st, later in the evening?
Colin Bolton (02:15:36):
He did.
Alexandra Spadaro (02:15:36):
Where?
Colin Bolton (02:15:38):
At the intersection with Loop Road.
Alexandra Spadaro (02:15:40):
Prior to that, did he make any stops in Pinellas County before heading down south?
Colin Bolton (02:15:44):
He did in the area of the Blanchard Law Firm.
Alexandra Spadaro (02:15:47):
He drove by it?
Colin Bolton (02:15:48):
Yes.
Alexandra Spadaro (02:15:48):
May I have a moment?
The Court (02:15:50):
You may.
Alexandra Spadaro (02:15:51):
I have nothing further.
The Court (02:15:53):
All right.
(02:15:53)
Thank you, sir. You may step down.
Colin Bolton (02:15:55):
Thank you.
The Court (02:15:58):
State, please call your next witness.
Mr. Vonderheide (02:16:00):
Your Honor, I have a number of financial records to move into evidence.
Mr. Vonderheide (02:16:00):
Your Honor, I have a number of financial records to move into evidence and then the next witness will be maybe about 40 minutes or so. You want me to move on the financial documents [inaudible 02:16:05] I'm going to show Dr. Kosowski. [inaudible 02:16:05]
The Court (02:16:04):
All right, so what are you asking?
Mr. Vonderheide (02:16:22):
Well, I'm just going to move these into evidence. I just don't know what the court's pleasure is as it relates to timing for maybe a lunch break since you've been at it since 8:30 this morning.
The Court (02:16:32):
Well, I appreciate your thoughtfulness, but I think we can keep going.
Mr. Vonderheide (02:16:35):
Okay. Fair enough.
Speaker 5 (02:16:41):
[inaudible 02:16:39] no, they're tagged.
Mr. Vonderheide (02:16:42):
Here? Here?
Speaker 5 (02:16:42):
Yeah.
Mr. Vonderheide (02:16:51):
This is State's Composite Exhibit 126.
The Court (02:17:33):
Are these financial records of Mr. Cozzi or?
Mr. Vonderheide (02:17:35):
These are Mr. Cozzi's financial... Well, the first is civil documents, Your Honor, from the state case, which is 23004983ES. I marked it as a composite exhibit. I will just tell the court what these are. Order granting petition pursuant to section 382.012, Florida Statute for issuance of a presumptive death certificate. The second one is a notice to creditors. The publisher's affidavit is next. The next is a statement of claim by Capital One. It's five pages. Statement of claim by TD Bank, four pages. Statement of claim by Wells Fargo [inaudible 02:18:11] Bank North America, three pages. Statement of claim by AscensionPoint Recovery Services, LLC on behalf of Synchrony Bank. Sam's Club, one page. There is a copy of a presumptive certification of death which was filed in that case. A statement of claim by AscensionPoint Recovery Services LLC on behalf of Synchrony Bank. Statement of claim by AscensionPoint Recovery Services, LLC on behalf of Synchrony Bank.
(02:18:36)
I'm sorry, I'm reading it fast. RE Lowe's, one page. Statement regarding creditors, two pages. Attachment to statement regarding creditors, two pages. Proof of service of formal notice, which is three pages. May 9th, 2025, I filed this request for judicial notice for these certified documents. They were discovered to Dr. Kosowski, I believe that was a week where he was representing himself. These were handed to him in open court. I believe he tendered an objection, non-specific objection to that point. So I'm requesting to move them into evidence, which is state's composite exhibit 126 as 126.
The Court (02:19:17):
All right. Any objection to that?
Mr. Kosowski (02:19:19):
Yes, Your Honor, two. I don't know what a presumptive death certificate has to do with the proceedings. I mean, if Mr. Vonderheide wants to actually give me an actual certificate of death, I'd be willing to admit that as evidence, but I don't know what a presumptive certificate of death has to do with any of this.
Mr. Vonderheide (02:19:37):
It relates to when there's a presumptive certificate of death issued in an estate case such as this. It pretty much tells all credit reporting agencies and any kind of credit bureau or any future credit agency that it's not happening. There's no more credit. You're dead financially speaking as well. So I think that's why it's relevant. I'm not going to stand up here in closing argument and argue that it's one of the findings, the element for the trier of fact yourself, Your Honor, is the victim is dead. I'm not saying that this would evade the province of your fact finding on that particular issue. I'm just saying it goes to Tiffany Gorman's testimony as it relates to her financial analysis of Steven Cozzi's existence.
The Court (02:20:17):
All right. So overrule the objection based upon that. It's not admitted to show that he actually is dead. That's up to the court. All right. So anything else?
Mr. Kosowski (02:20:28):
I'm sorry, you said it's overruled?
The Court (02:20:30):
Yes, it's overruled.
Mr. Kosowski (02:20:31):
Okay.
The Court (02:20:33):
It's admitted for that purpose, not as evidence that he actually is deceased.
Mr. Kosowski (02:20:38):
Yes. And-
The Court (02:20:39):
That they have to prove during the trial.
Mr. Kosowski (02:20:41):
... as far as the judicial notice that Mr. Vonderheide said he gave, I received no financial records whatsoever on that week that I was representing myself. So this is the first I've ever seen any of these documents.
Mr. Vonderheide (02:21:00):
These documents were previously disclosed to prior defense counsel. The notice was filed May 9th, 2025.
The Court (02:21:08):
All right. And all of this is admitted to show that there hasn't been any activity on his account.
Mr. Vonderheide (02:21:12):
Correct, correct. Yes.
The Court (02:21:13):
All of these financial records are to show no activity.
Mr. Vonderheide (02:21:15):
Right.
The Court (02:21:16):
All right. Which is not something that is new as far as what the evidence in the case shows, right? Okay. So that's overruled too.
Mr. Vonderheide (02:21:30):
Okay. 126. And they had sealed, not certified with a seal on it. The next is the presumptive death certificate, which is State's Exhibit 127. It's the official presumptive death certificate. Again, I'm not making the argument. It's element number one. I have to prove element number one.
Mr. Kosowski (02:21:52):
Again, I object. If he's not making the argument, why bring it into evidence?
Mr. Vonderheide (02:21:57):
Same argument as before. It's germane to the argument that Mr. Cozzi's financial life has ended, which is more evidence that he is dead, but it's not the sole evidence. And this certainly wouldn't be the sole evidence of that particular element of offense, Your Honor.
The Court (02:22:11):
Right. Well, it shows why they're doing what they're doing and assuming that he is dead, but that doesn't mean that it's evidence that he is because I have to look at the independent evidence of that. It's kind of like traffic tickets are not admissible because it's not up to the police officer if somebody drove recklessly or carelessly. So they're not even generally admissible under Florida law, but that's a specific statute. So it's the same sort of thought process. So it's overruled.
Mr. Vonderheide (02:22:42):
Additionally, this is State's Exhibit 128 for identification purposes. These are DHSMV records. I think it was 67 some odd pages that was discovered when Dr. Kosowski was still represented by counsel. I believe it's on your hard drive. I'd have to go look. State's 128 seeking 9902 self-authenticating admission, DHSMV records.
Mr. Kosowski (02:23:06):
I'm sorry, whose records are these?
Mr. Vonderheide (02:23:08):
These are for Mr. Cozzi's records, complete records from the DHSMV showing his registration history and also showing that he's deceased. The relevance not being that for element number one, globally that it's used in the analysis, but it's not going to be used to say, "Well, obviously he's dead under element number one just because of the DHSMV records." It's part of the overall picture. So at this time, I request to move into evidence. It's State's 128 as State's 128, judicial notice 9902, public records.
The Court (02:23:44):
All right, that's admitted.
Mr. Vonderheide (02:23:48):
Okay. Next is Equifax. It says, "Consumer is deceased." Notice of intent of business records was filed back in May of 2025. It's State's Exhibit 129. There's a declaration from the records' custodian.
Mr. Kosowski (02:24:23):
Okay. I object to this.
The Court (02:24:25):
All right. Why is that?
Mr. Kosowski (02:24:27):
You said it was from May of 2025. That's exactly that time period where I was representing myself and this was just frankly just never discovered to me.
Mr. Vonderheide (02:24:38):
I mean, I'll get the... It was actually discovered to you recently on the hard drive [inaudible 02:24:46] Additionally, I believe it was discovered to prior defense counsel as well.
Mr. Kosowski (02:24:54):
Well, I don't see how if it's from May of 2025.
Mr. Vonderheide (02:25:01):
That's when the notice was filed. You objected at that time. You gave a non-specific objection at that time. Equifax hard drive to Dr. Kosowski on August 21st of 2026, which was dropped by my investigator at your property at the jail, which you had the laptop to access according to the documentation. So it is in that discovery right on page 2 of 45, Ally Bank, Capital One, Capital One, Citibank, Discover card, Equifax. Steven Cozzi Chase 31 pages. Steven Cozzi Citibank, Synchrony 9673, Synchrony card 5367, TransUnion report, wage an hour from the State of Florida, Wells Fargo documentation. And that was an additional, had been discovered to his prior defense counsel, Ms. McNeill, and it had been discovered to his defense counsel before that.
The Court (02:25:53):
All right. So if we're doing a Richardson hearing, I'll find that there has not been a discovery violation. Quite frankly, if it is, it's not substantial and it's not intentional. There's no prejudice because it's no shock that there hasn't been any account activity on Mr. Cozzi's accounts. I think that the defendant's been aware of that. I think his standby counsel's been aware of that. I think everyone's been aware of that. If there was, that would be rather huge news. But this is just more corroboration from everybody that there hasn't been any activity on the account. You may continue.
Mr. Vonderheide (02:26:36):
Okay. Did you give me that back or?
Mr. Kosowski (02:26:39):
It's right there.
Mr. Vonderheide (02:26:49):
State's 130, which is the TransUnion, which was discovered prior to August 21st, but was handed directly to the defendant in this case. It's TransUnion's credit report. State's ID 130 for identification purposes. State's 130.
Mr. Kosowski (02:27:18):
Again, this appears to have a date of May... No, excuse me, March of 2025. I apologize.
The Court (02:27:24):
All right. So were all of these provided to with the defense at some point?
Mr. Vonderheide (02:27:30):
Yes. Dr. Kosowski has these all now. They were on a hard drive provided to him, which I would just want the... I had no obligation to give him another hard drive, just did it and gave him a 45-page itemized list of what was on it. That was on August 21st. It's my belief he's accessed it because he's had hours of time with the laptop and the hard drive since that date, but it was also provided to prior defense counsels, Mr. Brunvand's legal team and then Ms. McNeill's as well.
The Court (02:28:01):
All right. And the other thing is you had the duty to have these as updated as possible because if you stopped at one point, like in '24 or '25 or earlier this year, then there could have been some account activity after that. So it really had to be all the way up until the day of trial, right?
Mr. Vonderheide (02:28:25):
Well, we're still waiting. Experian just answered our order from August 21st, so we're still waiting for the other two. They may answer today for all we know.
The Court (02:28:33):
Okay. All right. Any other basis?
Mr. Vonderheide (02:28:39):
So State's Exhibit 130 for identification purposes and moving into State's 130.
The Court (02:28:43):
All right. It's admitted.
Mr. Vonderheide (02:28:44):
All right. We have the Synchrony account. It's 9673 pursuant to 9803 sub 6, 9902 sub 11. It State's ID 131 for identification purposes.
Mr. Kosowski (02:29:19):
I'm sorry, what state's exhibit is this?
Mr. Vonderheide (02:29:22):
I think it's 131.
Speaker 5 (02:29:23):
[inaudible 02:29:25]
Mr. Vonderheide (02:29:30):
[inaudible 02:29:27] 131.
Mr. Kosowski (02:29:31):
Do you have a form of this that you can publish on the monitor?
Mr. Vonderheide (02:29:35):
I can probably pull one.
The Court (02:29:44):
I don't know if this is what you were suggesting before, but maybe we should take a break and then during the break you can show him all of these things and he can take a look at them and then if he has a general objection to all of them, I can hear that. Maybe that'll speed things up a little bit and then-
Mr. Vonderheide (02:30:03):
Sure, okay.
Mr. Kosowski (02:30:04):
There's no objection to this one, Your Honor.
The Court (02:30:06):
All right. But there's a lot more to go. How many do we have?
Mr. Vonderheide (02:30:09):
There's more to go. There's the entire set.
The Court (02:30:12):
All right. So why don't we take an hour for lunch, and I appreciate the thoughtfulness again, and then we'll deal with that and then you can put on your last witness and then we'll see where we're at?
Mr. Vonderheide (02:30:24):
Yeah. [inaudible 02:30:25]
The Court (02:30:25):
Oh, we have two more witnesses. Two more. Okay.
Mr. Vonderheide (02:30:27):
All right. Tiffany Gorman is for the financial records, then Jon Thogmartin.
The Court (02:30:30):
Okay. All right. So obviously an hour is long enough for you to go over things with him and for everybody to have lunch and all that, right?
Mr. Vonderheide (02:30:39):
For sure. For sure.
The Court (02:30:40):
Okay. All right. So we'll take an hour.
Speaker 6 (02:30:40):
All rise. The court in recess for an hour by the courtroom clock.
Speaker 7 (02:50:00):
(silence)
Speaker 9 (02:50:00):
[inaudible 03:29:18] residing.
(02:50:00)
You may be seated. [inaudible 03:29:18].
The Court (03:29:18):
Okay, good. All right, everybody's here, obviously including the defendant. So what were the results of what we did or what you did during lunch?
Mr. Vonderheide (03:29:47):
I showed everything, so I'm not entirely sure what's he's objecting to right now. [inaudible 03:29:53] continue with admitting whatever's lost.
The Court (03:29:58):
All right. So we've got, I think 126, 127 and 128. I don't know about 129. Is that it?
Mr. Vonderheide (03:30:07):
Let's see [inaudible 03:30:10]. 129 was the Equifax records I believe we already did that.
The Court (03:30:20):
All right, so that's in, right?
Mr. Vonderheide (03:30:22):
That was already in. 130 was TransUnion records.
The Court (03:30:23):
Mm-hmm.
Mr. Vonderheide (03:30:29):
That was already admitted. Synchrony records 9673 was admitted as 131.
Speaker 8 (03:30:38):
Yeah. I already have a lot of these signed.
Mr. Vonderheide (03:30:40):
Okay. To-
The Court (03:30:42):
I think we left off there, right?
Mr. Vonderheide (03:30:44):
What's that, 131?
Speaker 8 (03:30:45):
Yes, that's where we left off.
Mr. Vonderheide (03:30:46):
I think that's where we left off, right?
Speaker 8 (03:30:47):
I have signed everything, and if I need to unsign, I can.
Mr. Vonderheide (03:30:48):
Shut.
The Court (03:30:52):
All right. So what do we have left now?
Mr. Vonderheide (03:30:53):
So we got a Synchrony 9673. Seeking to move it in. 131 is. And 131 may have already been put in when we left off.
The Court (03:31:01):
I think it's in.
Mr. Vonderheide (03:31:02):
Okay. Then I got 132, which was a Discover card for Mr. Cozzi. 132. ID is 132. I think it's already in, maybe.
The Court (03:31:11):
I don't think it is.
Mr. Vonderheide (03:31:12):
Okay. So I'm seeking to move that in.
The Court (03:31:14):
All right. All right. Let's go through all of them and then we'll see if it's a general objection and then we'll-
Mr. Vonderheide (03:31:19):
Okay. All right. State's Exhibit 133 for ID purposes was a Synchrony account 5367. State's 134 was a Synchrony account 8420. That was 134 for ID purposes. Synchrony account 9449 was 135 for identification purposes, requesting to move it in as 135. Citibank Best Buy for Steven Cozzi, that was State's Exhibit ID 136 is 136. Capital One Walmart from the 2023 subpoena was State's Exhibit 137 for identification purposes is 137. TD Bank checking 138, State's ID in as 138, requesting it. Ally Financial was State's ID 139. This is loan documentation for automobiles, seeking to move that in. And then State's ID, which was the most recent of the last one, so I think this is 140 for ID, so Wells Fargo checking accounts put in sequential order, 0153 statement and deposits. 01540 statement and deposits, statements related to 1443, signature cards on 1540, checks on 1540 and the signature card on 0153.
(03:32:45)
These are of course redacted to remove any kind of social security numbers or full bank accounts. So this is what I'm seeking to admit here today.
The Court (03:32:52):
All right. So Mr. Kosowski's had a chance to look at those during lunch?
Mr. Vonderheide (03:32:55):
Yeah.
The Court (03:32:57):
All right. Well, here's the issue. Obviously all of discovery has indicated that there hasn't been any activity on his account. So the issue is, if you're talking about possible prejudice, is there anything in that "document dump" that would indicate that Mr. Cozzi is alive at this point? Any account activity or anything else that would indicate that he is still alive?
Mr. Vonderheide (03:33:28):
No, but in 1540, which is a joint checking account is shared with his husband. So there is activity in that account, but it's not Mr. Cozzi's activity.
The Court (03:33:37):
All right. And it's by Mr. Montgomery?
Mr. Vonderheide (03:33:39):
Correct.
The Court (03:33:40):
Okay.
Mr. Vonderheide (03:33:41):
And this has all been discovered. I think a demonstrative aid of that was Dr. Kosowski rattling off some of these bank account numbers with ease as we were discussing them earlier here today when Your Honor left the bench and we were going through these records. So they were discovered.
The Court (03:33:55):
All right.
Mr. Vonderheide (03:33:55):
On a variety of premise.
The Court (03:34:00):
All right. So you have an objection to all these remaining documents here?
Tomasz Kosowski (03:34:07):
Yes. Actually, I object to Mr. Vonderheide saying that there's no evidence of financial activity after the 21st because there absolutely is. So yes.
The Court (03:34:16):
All right. And what exhibit is there evidence of activity?
Tomasz Kosowski (03:34:23):
In 131, 138 and 140.
The Court (03:34:28):
All right. Well, obviously you know about that, so you can cross-examine the witness about that and you can bring that up in closing or whenever you want.
Tomasz Kosowski (03:34:38):
I would just like Mr. Vonderheide to stop testifying to evidence that hasn't been actually testified to. All right?
The Court (03:34:45):
All right. Well, you brought up a discovery violation, so that's why we were discussing discovery. So if you hadn't have brought it up, then he wouldn't have brought that up. All right. So I'll admit all of these, so from 126 to 140. And then if you want to cross-examine on that particular issue, you can. All right. So anything else before you call your next witness?
Mr. Vonderheide (03:35:11):
No, Your Honor.
The Court (03:35:12):
All right. State, please call your next witness.
Mr. Vonderheide (03:35:14):
State calls Tiffany Gorman.
Speaker 9 (03:35:20):
Can you stand right next to me? Please [inaudible 03:35:44].
Speaker 8 (03:35:44):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
Tiffany Gorman (03:35:48):
I do.
Speaker 8 (03:35:48):
Thank you.
Speaker 9 (03:35:48):
[inaudible 03:35:52] here. Step up the stairs. Get yourself comfortable in the chair and adjust [inaudible 03:35:58].
The Court (03:35:48):
Good afternoon, ma'am.
Tiffany Gorman (03:35:48):
Hi.
The Court (03:36:03):
Mr. Vonderheide, you may inquire.
Mr. Vonderheide (03:36:04):
Ms. Gorman, can you please state your full name and spell your last name for the court reporter?
Tiffany Gorman (03:36:08):
It's Tiffany Gorman, G-O-R-M-A-N.
Mr. Vonderheide (03:36:13):
And where are you presently employed?
Tiffany Gorman (03:36:15):
I presently work for my own forensic accounting CPA firm, which is called Genesis 41 Forensics & Valuations.
Mr. Vonderheide (03:36:23):
Okay. When did you start that business?
Tiffany Gorman (03:36:24):
I started the business in March of this year, 2026. I actually started the CPA firm back in 2019, but did not do private forensic accounting until March of 2026.
Mr. Vonderheide (03:36:37):
What did you do prior to starting your own accounting firm?
Tiffany Gorman (03:36:41):
I was a forensic accountant for the Federal Bureau of Investigations for 20 years.
Mr. Vonderheide (03:36:45):
Okay. So how many years was it again?
Tiffany Gorman (03:36:47):
About just under 20.
Mr. Vonderheide (03:36:49):
20. All right. So let's talk about your time with the FBI. Was all 20 years you were a forensic accountant?
Tiffany Gorman (03:36:56):
The first three or so, I was working a drug enforcement task force where I was doing more budget analyst type work, but after that was all forensic accounting work.
Mr. Vonderheide (03:37:07):
Okay. And so as it relates to being a forensic accountant, tell us about your educational background.
Tiffany Gorman (03:37:13):
I have a bachelor's degree in finance, an MBA in forensic accounting and international studies, and also a master's of accountancy. I'm also a certified public accountant and a certified fraud examiner. I also attended about six weeks of forensic accounting training with the FBI at the FBI Academy in Quantico.
Mr. Vonderheide (03:37:34):
Okay. And how many weeks was it at Quantico?
Tiffany Gorman (03:37:37):
It was six, I believe.
Mr. Vonderheide (03:37:39):
Six weeks. So let's say, let's do the math. So three years, first three years narcotics task force. So the last 17, you were a forensic accountant with the FBI?
Tiffany Gorman (03:37:48):
Correct.
Mr. Vonderheide (03:37:49):
All right. And your other business, the 2019 CPA business, what kind of work did you do there?
Tiffany Gorman (03:37:54):
Tax preparation and bookkeeping type work.
Mr. Vonderheide (03:37:58):
Okay. So in your time with the FBI, the last 17 years, have you had occasion to do financial analysis for criminal cases?
Tiffany Gorman (03:38:07):
Oh, yes. Mostly, I would say 95%, was federal criminal cases where I was doing financial investigative work, handful of state and local cases that I helped out on.
Mr. Vonderheide (03:38:18):
Okay. And presently, since March of 2026, have you had the occasion to work for both state and defense counsel for forensic accounting?
Tiffany Gorman (03:38:29):
Yes. I'm working a couple matters with the State and then I have a couple of federal, criminal and civil ongoing engagement.
Mr. Vonderheide (03:38:38):
Okay. In this particular case, were you provided with financial records related to Steven Cozzi?
Tiffany Gorman (03:38:44):
Yes. All
Mr. Vonderheide (03:38:45):
Right. And can you just tell us what financial records that you were given to rely upon in this case?
Tiffany Gorman (03:38:51):
I received bank records, credit card statements and records, some loan documents. I also received credit reporting and some wage and hour transcripts, employment information.
Mr. Vonderheide (03:39:05):
All right. Did you receive any civil court documents as well from the State?
Tiffany Gorman (03:39:09):
Yes, I did. The estate documents.
Mr. Vonderheide (03:39:11):
All right. And so were some of those received in 2023?
Tiffany Gorman (03:39:20):
Yes.
Mr. Vonderheide (03:39:20):
And some of those were received in 2025?
Tiffany Gorman (03:39:23):
Correct.
Mr. Vonderheide (03:39:23):
All right. And you were able to do analysis for the, for lack of a better term, the financial life of Steven Cozzi?
Tiffany Gorman (03:39:31):
Correct. I took the financial record, the bank and the credit card statements, and I took the transaction data and I analyzed it and also identified locations where the debit cards where they were issued to Mr. Cozzi were used to conduct transactions. And I identified those locations and was able to put together a pattern of financial data for about approximately three months prior to the date that he went missing.
Mr. Vonderheide (03:40:08):
Okay. And did you receive a joint account too that he held with his husband, Michael Montgomery?
Tiffany Gorman (03:40:12):
Yes, I did.
Mr. Vonderheide (03:40:12):
All right. And were you able to analyze that joint account?
Tiffany Gorman (03:40:15):
Yes.
Mr. Vonderheide (03:40:16):
Was there indication that Mr. Cozzi's wallet had been left behind in his office when he disappeared?
Tiffany Gorman (03:40:23):
Yes.
Mr. Vonderheide (03:40:24):
Okay. Does that aid you and assist you in doing your analysis if you know that he didn't leave with any of his cards?
Tiffany Gorman (03:40:31):
Yes, because it pretty much infers that he had the cards on his person and that no one else could have been using them at that time.
Mr. Vonderheide (03:40:41):
Okay. Were you able to see a pattern from his transactions in the three months leading up to his disappearance?
Tiffany Gorman (03:40:49):
Yes. He was very habitual. Basically, essentially, I was able to see where he went shopping very regularly, where he went to get coffee very frequently, where he stopped for gas, and it was all in a very small, I would say, three-mile radius. With the exception of one outlier to Hillsborough County, everything else was in a very condensed area.
Mr. Vonderheide (03:41:16):
Did you prepare a map when you charted this behavior?
Tiffany Gorman (03:41:20):
Yes, I did.
Mr. Vonderheide (03:41:21):
May I approach the witness?
The Court (03:41:21):
You may.
Mr. Vonderheide (03:41:33):
Showed you what's been previously marked as State's Exhibit 125 for identification purposes. Take a look at that and tell me if you recognize it.
Tiffany Gorman (03:41:41):
Yes, I do.
Mr. Vonderheide (03:41:42):
All right. And how do you recognize it?
Tiffany Gorman (03:41:44):
I created this map. This is what I called the East Bay Drive, Ulmerton Road corridor. This is that three-mile radius of most of those transactions. About 85% of the transactions in that period were conducted in this area.
Mr. Vonderheide (03:41:59):
All right. So, Your Honor, at this time I would request to move into evidence State's ID 125 and the State's 125.
The Court (03:42:05):
Any objection? All right, it's admitted.
Mr. Vonderheide (03:42:08):
And may I publish on the video board, Your Honor?
The Court (03:42:09):
You may.
Mr. Vonderheide (03:42:13):
All right. [inaudible 03:42:14]. Do you need to zoom in or are you good?
Tiffany Gorman (03:42:21):
No, I think I can see it. Thank you.
Mr. Vonderheide (03:42:23):
Well, let's talk about this. So you said you charted his transactions in that three month window. What are we looking at here?
Tiffany Gorman (03:42:30):
So the top, where the words Largo in the top, towards the left quadrant, yes, right there. That is East Bay Drive. And along as you go east towards US 19, you see there's circles and they are labeled with numbers. Each one of those numbers, 19, 14, 22, four, so those were specific locations where Mr. Cozzi's debit card was used at a merchant location. And the bigger the circle means that there were more transactions there. So he frequented those locations with his... or the debit card was used at those locations more frequently if the circle is larger. And so you can see up on East Bay Drive, there's quite a few compared to Ulmerton Road further south, but there's still a pretty large circle to the west, on Ulmerton Road.
Mr. Vonderheide (03:43:40):
So we see this one that says 22 on it. It's just north of 686 up there in Largo?
Tiffany Gorman (03:43:40):
Mm-hmm.
Mr. Vonderheide (03:43:40):
Do you happen to know what that location is, off the top of your head?
Tiffany Gorman (03:43:42):
I believe that was Circle K, if I'm remembering correctly, but I don't remember right off the top of my head.
Mr. Vonderheide (03:43:54):
So we see an 11, we see a 21. Is that all the same location?
Tiffany Gorman (03:43:54):
No, those are all different locations and there's a key that goes with them, the numbers.
Mr. Vonderheide (03:44:00):
So the three months leading up to March 21st of 2023, he's generally clustered in this area?
Tiffany Gorman (03:44:07):
Yes. That's that three-mile radius with his employment being the center point basically, which is that orange box that you see. Kind of the orange square. Yes, right there. That's Blanchard Law Firm.
Mr. Vonderheide (03:44:21):
You said there was an outlier. Where was the outlier located?
Tiffany Gorman (03:44:24):
The outlier is not on this because this is drilling down to that three-mile radius. The outlier was in Hillsborough County on the 19th of March 2023, and it's not here because this was to really drill down to the three-mile radius. The outlier is on the map before this, the exhibit before this, where it kind of has a less zoomed in.
Mr. Vonderheide (03:44:51):
What was the outlier? [inaudible 03:44:53]?
Tiffany Gorman (03:44:53):
It was a Mexican restaurant in Tampa.
Mr. Vonderheide (03:44:57):
Okay. And was that a frequent location for Mr. Cozzi or was it a one time?
Tiffany Gorman (03:45:00):
No, that was the only time in those three months that he had gone over to Hillsborough County, or I'm sorry, that the debit card was used in Hillsborough County.
Mr. Vonderheide (03:45:12):
And this debit card was attributable to which account?
Tiffany Gorman (03:45:15):
The Wells Fargo checking account.
Mr. Vonderheide (03:45:17):
Okay. And is that one that he shared with his husband, Michael Montgomery?
Tiffany Gorman (03:45:20):
Yes, it was.
Mr. Vonderheide (03:45:21):
All right. As part of your analysis here as well, did you speak with Mr. Montgomery-
Tiffany Gorman (03:45:26):
Yes, I did.
Mr. Vonderheide (03:45:27):
... to figure out information? Did you see in the joint checking account and the savings account any sort of anomalies after March 21st, 2023?
Tiffany Gorman (03:45:38):
There were some recurring transactions that continued specifically that were on the debit card that was issued to Mr. Cozzi, but when I spoke to Mr. Montgomery, he was able to let me know that the estate had a hard time accessing some of Mr. Cozzi's accounts, and so getting some of those recurring transaction canceled was a little bit of a project for them.
Mr. Vonderheide (03:46:03):
Okay. And when you say recurring transaction, what are we talking about?
Tiffany Gorman (03:46:07):
Like payments to loans or credit cards where Mr. Cozzi had already set up the payments in the past, where they were just recurring automated payments. The estate had a hard time getting access to those accounts to actually stop the automated payments.
Mr. Vonderheide (03:46:25):
All right. And when you looked through those records, was it consistent with those being automated payments to other accounts?
Tiffany Gorman (03:46:30):
Yes.
Mr. Vonderheide (03:46:31):
All right. Was one of them, for example, a Grammarly account?
Tiffany Gorman (03:46:33):
Correct.
Mr. Vonderheide (03:46:34):
All right. And that was renewed at some point after March 21st of 2023?
Tiffany Gorman (03:46:39):
Yes. It actually looks like a recurring subscription and the amount for that Grammarly purchase was the subscription amount, the amount due.
Mr. Vonderheide (03:46:54):
As it relates to his other credit card accounts and credit card records that you saw, did you see any, what you would call, point of sale swipes or individual purchases that look like they were from Mr. Cozzi after March 21st of 2023?
Tiffany Gorman (03:47:10):
No, not after March 20th actually of 2023.
Mr. Vonderheide (03:47:14):
Okay. Well, tell me about that. What was the last purchase in March 20th of 2023?
Tiffany Gorman (03:47:18):
There were two transactions on March 20th, 2023. One was at Publix and one was at Dunkin' Donuts.
Mr. Vonderheide (03:47:26):
Okay.
Tiffany Gorman (03:47:26):
Both of them were very... Publix was the most frequented place in that three months that Mr. Cozzi's debit card was used at, and the Dunkin' Donuts was also very highly frequented.
Mr. Vonderheide (03:47:41):
Okay. So March 20th was the day of the transaction. Did they post after March 20th at all?
Tiffany Gorman (03:47:49):
On those two, I don't... Give me one second. Let me look at my... Yes, they both posted on March 21st, but they were authorized on March 20th, 2023.
Mr. Vonderheide (03:48:10):
Okay. So were there any debit withdrawals attributable to Mr. Cozzi after March 21st of 2023?
Tiffany Gorman (03:48:20):
No.
Mr. Vonderheide (03:48:22):
Was there any other unexplained financial activity from Mr. Cozzi's accounts subsequent to March 21st of 2023?
Tiffany Gorman (03:48:31):
No.
Mr. Vonderheide (03:48:32):
Did you observe that an application for a Firestone credit card was put in approximately 10 days after his death?
Tiffany Gorman (03:48:40):
Yes, I did.
Mr. Vonderheide (03:48:41):
Okay. And what did you observe about that as it relates to whether it may have been fraudulent or not?
Tiffany Gorman (03:48:46):
There was a phone number that was not associated with Mr. Cozzi on the application. When I looked at it further, the IP address that was on that application wasn't associated with Mr. Cozzi. It was actually Punta Gorda or somewhere towards the south in Florida. It was, to me, on the surface was fraudulent. The address on the application, the mailing address, was another address in Punta Gorda as well.
Mr. Vonderheide (03:49:18):
And this was for Firestone, like tires?
Tiffany Gorman (03:49:21):
Correct.
Mr. Vonderheide (03:49:22):
And was that application rejected as fraudulent? It wasn't put through?
Tiffany Gorman (03:49:26):
Yes, it was. It was rejected.
Mr. Vonderheide (03:49:29):
All right. Did you have an opportunity to look at both, I guess all three, Equifax, TransUnion, and Experian, I believe finally just came through, able to look at his credit reports?
Tiffany Gorman (03:49:40):
Yes. I was able to look more indepthly at the TransUnion and the Equifax. And Experian that just got here, I was able to more or less glance through it.
Mr. Vonderheide (03:49:57):
Okay. So what did you find on his credit reports? What are his open accounts reporting to the credit agencies?
Tiffany Gorman (03:50:05):
All of them, except for one was reporting that he was deceased. One was still reporting as he had paid as agreed, but my understanding with that account was one of those recurring payments where the estate could not stop the payments, and so it continued to get paid, and so the credit card company just never reported him as deceased.
Mr. Vonderheide (03:50:26):
What credit card was that, do you know?
Tiffany Gorman (03:50:27):
It was Best Buy, a Citibank credit card.
Mr. Vonderheide (03:50:30):
Okay. If someone's flagged as deceased on a credit report, does it make obtaining credit challenging for that person?
Tiffany Gorman (03:50:40):
Very difficult.
Mr. Vonderheide (03:50:43):
Okay. Is it a flag that would be brought up if there was somebody attempting to obtain that credit?
Tiffany Gorman (03:50:50):
Absolutely.
Mr. Vonderheide (03:50:54):
Okay. So you were able to view all of these bank records, his credit card records, checking and savings account. You saw some records from the state, like wage and hour, right? You saw these civil reports. What was your ultimate analysis reveal about Steven Cozzi as it relates to whether he has a financial life going on after March 21st of 2023?
Tiffany Gorman (03:51:22):
The financial activity and transactions completely stopped after March 20th, 2023, which was very inconsistent with his financial pattern leading up to that point. So it's my opinion that something happened, an unplanned event occurred near or around where he habitually conducted his financial transactions.
Mr. Vonderheide (03:51:50):
Okay. And other than some of these recurring payments or maybe some recurring subscriptions, there is no financial activity as it relates to Mr. Cozzi?
Tiffany Gorman (03:51:57):
No.
Mr. Vonderheide (03:52:10):
I have no further questions. All right.
The Court (03:52:11):
Thank you. Any cross-examination?
Tomasz Kosowski (03:52:13):
Yes, Your Honor. Good morning, or good afternoon, Mrs. Gorman. I wanted to ask you about... There was a line in your report that said that you were not able to examine Steve's financial history completely, at least that there were some credit cards that you weren't able to examine and some transactions that you weren't able to examine. Is this correct?
Tiffany Gorman (03:52:43):
Yes.
Tomasz Kosowski (03:52:44):
Can you tell us why you weren't able to examine, get a full picture of his financial history?
Tiffany Gorman (03:52:51):
Well, because some of those credit cards, there was not records produced for those credit cards. But most of them were closed out long before any of this activity actually occurred, so it wouldn't have been relevant to analyze them at this point.
Tomasz Kosowski (03:53:13):
You also mentioned something along the lines that whether a transaction was a point of sale transaction versus what was though to be a recurring transaction, that you didn't really analyze the recurring transactions, you just kind of analyzed point of sale transactions. Is that correct?
Tiffany Gorman (03:53:32):
No, I analyzed all of the transactions.
Tomasz Kosowski (03:53:34):
Okay. So what percent of... Given if this is 100% of Steven's financial history, what percentage do you think that you were able to actually examine and come to the conclusions of?
Tiffany Gorman (03:53:49):
I'm not really sure that I can give that a percentage. I just analyzed the records that I was provided.
Tomasz Kosowski (03:54:03):
Okay. But you do acknowledge that there's stuff that's missing that you weren't able to examine?
Tiffany Gorman (03:54:14):
What kind of stuff are you referring to?
Tomasz Kosowski (03:54:18):
Old credit card statements.
Tiffany Gorman (03:54:20):
I didn't look at old credit card statements. No, that's correct.
Tomasz Kosowski (03:54:23):
Okay. Okay. You said you interviewed Michael Montgomery as part of your analysis, correct?
Tiffany Gorman (03:54:30):
I spoke to him briefly.
Tomasz Kosowski (03:54:32):
You spoke to him briefly? What did you talk about? What was the nature of your conversation with him?
Tiffany Gorman (03:54:39):
I just spoke to him about the debit card transactions and I also spoke to him about some of the reoccurring payments as well as the estate and the trials, the difficulty they were having to stop the recurring payments.
Tomasz Kosowski (03:54:58):
You said debit card transactions. Is that the debit card, the Wells Fargo debit card that they had in common?
Tiffany Gorman (03:55:05):
There were two accounts that a debit card was used for point of sale transactions that I used in my analysis. That was the TD Bank account as well as the Wells Fargo account, which was joint, yes.
Tomasz Kosowski (03:55:17):
Okay. The TD Bank was also a joint account?
Tiffany Gorman (03:55:20):
No, it was not.
Tomasz Kosowski (03:55:21):
It was not? It solely belonged to Steven?
Tiffany Gorman (03:55:23):
Correct.
Tomasz Kosowski (03:55:23):
Okay. And you said that he was able to give you some information about which transactions were reoccurring?
Tiffany Gorman (03:55:34):
Yes.
Tomasz Kosowski (03:55:35):
And he was also able to shed some light about some transactions that occurred on the 21st or after, correct?
Tiffany Gorman (03:55:43):
Most of those transactions were the reoccurring payments we were discussing. There were some Zelle money movements as well that I asked about, but these were personal in nature.
Tomasz Kosowski (03:55:55):
Okay. So did you verify any of what Mr. Montgomery told you by contacting merchants and confirming that transaction history?
Tiffany Gorman (03:56:07):
No, I did not.
Tomasz Kosowski (03:56:09):
Okay. Can we take a look at some of these records a little bit more closely?
Tiffany Gorman (03:56:14):
Sure.
Tomasz Kosowski (03:56:15):
You mentioned that there was... The first one I'd like to take a look at was there was a Synchrony PayPal credit card that ended in 9673.
Tiffany Gorman (03:56:25):
Okay.
Tomasz Kosowski (03:56:26):
And there was a Grammarly transaction, I believe, that you alluded to earlier.
Tiffany Gorman (03:56:30):
Yes.
Tomasz Kosowski (03:56:31):
Correct? So that was posted on 3/21/23, correct, for $144 or $140?
Tiffany Gorman (03:56:41):
I don't recall the exact amounts. I do know that it was March 21st, 2023.
Tomasz Kosowski (03:56:46):
Okay. So there's a transaction on the 21st on one of Steven's credit cards on the 20... Excuse me. There's a transaction on March 21st on one of Steven's sole credit cards, only that he... That was his own credit card, correct?
Tiffany Gorman (03:57:00):
Yes.
Tomasz Kosowski (03:57:00):
Okay. And how did you determine that this was a recurring transaction?
Tiffany Gorman (03:57:05):
Because I went back and looked at Grammarly to see what the annual dues for that subscription would be, and it was the exact amount that it renewed for. And also when I had that conversation with Mr. Montgomery, he confirmed that they had Grammarly back as far as COVID because it annoyed him.
Tomasz Kosowski (03:57:25):
Okay. And did you determine that he had an auto-pay feature on that or was a individual point of sale click required to say, "I authorized this transaction"?
Tiffany Gorman (03:57:38):
I didn't verify either one of... I wasn't able to get that information.
Tomasz Kosowski (03:57:41):
Okay. So it might have been that they sent Steve a bill on the 21st and he clicked, "Please pay it now." Is that correct?
Tiffany Gorman (03:57:52):
It could have, but I did not... It did not appear that way to me, but it could have been.
Tomasz Kosowski (03:57:59):
Well, be specific. I mean, why didn't it appear that way to you?
Tomasz Kosowski (03:58:00):
... specific. I mean, why it didn't appear that way to you?
Speaker 10 (03:58:05):
What I was looking at suggested that it was a subscription that was being renewed annually and that it was not something new that he clicked to pay that day. It was an automatic renewal. And based on the fact that Mr. Montgomery confirmed that they had it in the past and he was annoyed by it during COVID, so it was something that they had and it just appeared to be a renewal of a subscription from the past.
Tomasz Kosowski (03:58:31):
But I want to make a distinction between an automatic renewal and an automatic pay authorization. All right? Those are two separate things, correct?
Speaker 10 (03:58:40):
In looking at the transaction on the credit card statement, there's no way to tell one way or the other.
Tomasz Kosowski (03:58:45):
Okay. So, we don't know basically.
Speaker 10 (03:58:48):
Correct. There's no way to tell.
Tomasz Kosowski (03:58:50):
Thank you. There's a debit card purchased on a TD Bank card ending in 9285. Okay. I believe this is a credit card that was solely owned by Steven Cozzi, correct?
Speaker 10 (03:59:14):
I'm sorry, what card did you say?
Tomasz Kosowski (03:59:15):
It was a TD Bank card ending in 9285, and it was with regards to the Dunkin Donuts transaction that you spoke to earlier.
Speaker 10 (03:59:23):
No, I don't have a TD Bank account ending in that. Is that the card number or is that the actual account ending?
Tomasz Kosowski (03:59:36):
Goodness. The card that I have is... Oh, I don't want to read off the full number. It ends in 9285 and it's listed as a TD Bank card with a Dunkin Donuts transaction for 426 on 03/21.
Speaker 10 (03:59:54):
Okay. Yes. So, we're talking about the same thing. You're talking about the debit card number and I'm talking about the last four digits of the actual account number. It's fine.
Tomasz Kosowski (04:00:00):
Okay. My mistake. I'm sorry. All right. So, you said that that transaction in particular occurred the day before?
Speaker 10 (04:00:09):
Correct.
Tomasz Kosowski (04:00:09):
How do you know that?
Speaker 10 (04:00:11):
Because if you look at the bank statement, it says in the description that it was authorized on March 20th, 2023.
Tomasz Kosowski (04:00:18):
Can we take a look at that bank statement and can you point it out to us? State, would you mind publishing state 138? I'm not sure the page, Mr. Vonderheide. I think, would you mind just scrolling through the records and going to transactions that are occurring in late March of 2021 or 2023? Excuse me. Yes. I believe that's the transaction I'm referring to. And it says on 03/21, debit card purchase for 426.
Speaker 10 (04:01:53):
Can I go down there?
Speaker 11 (04:01:55):
You may.
Speaker 10 (04:02:07):
Yes. So, here it says authorized 03/20/2023. So, that was authorized on March 20th, 2023. Just old on March 20.
Tomasz Kosowski (04:02:19):
Okay. And how do you know it's a point of sale transaction?
Speaker 10 (04:02:22):
Well, it says debit card purchase, and so if it didn't say debit, that would be the actual debit card.
Tomasz Kosowski (04:02:29):
Okay. And typically, is this a reliable way to determine whether something was a point of sale transaction versus a transaction, for example, that you would do on amazon.com on your phone? Is this a reliable way or is this rather how most credit card companies depict authorization dates?
Speaker 10 (04:02:59):
In my experience, this is how these debit card, these point of sale transactions, when there is an actual location here, store 02911 Largo, Florida, or Dunkin Donuts, Fast & Robbins, Largo, Florida. It's giving a specific location. So, those are typically point of sales. They give merchant locations. So, that's how I differentiate them when I'm doing my analysis. I don't know that it's typical in how they're reported, purchased and whatnot. In my experience, this is how I can tell the difference between a point of sale, a debit card transaction versus something online. There is an actual location here.
Tomasz Kosowski (04:03:42):
Can you determine the actual time that this point of sale transaction occurred?
Speaker 10 (04:03:50):
No.
Tomasz Kosowski (04:03:51):
Short of finding a receipt, would there be essentially any way of finding out the time that a sale was made?
Speaker 10 (04:04:00):
From the financial analysis point?
Tomasz Kosowski (04:04:02):
Yes, sir, ma-am.
Speaker 10 (04:04:03):
No, unless the investigators might pull camera or something.
Tomasz Kosowski (04:04:08):
Pulled camera or found a receipt with the timestamp?
Speaker 10 (04:04:09):
Yeah.
Tomasz Kosowski (04:04:10):
Okay. We can finish with this. Could you go back? So, just going back to the Grammarly transaction, you don't have any time when that transaction actually occurred on the 21st, correct?
Speaker 10 (04:04:40):
No, I do not know.
Tomasz Kosowski (04:04:41):
Okay. All right. Can we take a look at the joint... I believe it's the checking account that ends in 1540. Is that correct?
Speaker 10 (04:04:58):
Yes.
Tomasz Kosowski (04:04:58):
Okay. All right. There are a few transactions on there that... Actually, there are several transactions on there that occurred after the 21st and after. And I believe that card was discontinued or deactivated sometime in May or early June of 2023. Is that correct?
Speaker 10 (04:05:24):
I'm not sure what card you're referring to.
Tomasz Kosowski (04:05:29):
I believe Steve used a debit card that ended in 8377 that was linked to that checking account. Is that correct?
Speaker 10 (04:05:41):
Yes.
Tomasz Kosowski (04:05:42):
Okay. So, I believe what I'm asking is the debit card that ended in 8377 was inactivated in June or thereabouts of that year. Is that correct?
Speaker 10 (04:06:00):
I don't know. I don't recall.
Tomasz Kosowski (04:06:01):
Okay. Let's go over some of these transactions. So, I believe on the 22nd of March, there's a transaction at Circle K for 1007.
Speaker 10 (04:06:23):
Can we look at the bank statement?
Tomasz Kosowski (04:06:26):
Yes. State, would you mind publishing State 140? And I believe it's pages 20 and 21. And can you zoom out a little, please? Okay. So, right there at the bottom. All right. 322, there's a... Oh, I'm sorry. Please come up. What can you tell me about that last transaction there at the very bottom on 03/22?
Speaker 10 (04:07:11):
That's a different card, 2284.
Tomasz Kosowski (04:07:11):
Okay.
Speaker 10 (04:07:17):
That's not the same one that you're talking about.
Tomasz Kosowski (04:07:19):
That's not the same one. Okay. All right. Can we move a little bit more to the next page, please?
Mr. Vonderheide (04:07:24):
All the way to the next page?
Tomasz Kosowski (04:07:29):
Well, hold on. Let's see. No, no, no, please go back. Okay. So, there are some Robinhood debit account transactions. Can you explain what those are?
Speaker 10 (04:07:42):
My understanding from talking to Mr. Montgomery is that these were automated money transfers that, again, the estate had a hard time getting access to the account without them.
Tomasz Kosowski (04:07:55):
Okay. There's a lot of these. There's one for $35 that we're looking at right now, and I believe there's... Well, we'll come across them a little bit later. Did you actually contact Robinhood to verify that these were automated payments?
Speaker 10 (04:08:12):
No.
Tomasz Kosowski (04:08:13):
Okay. The next one, can we go to the next page? So, right there at the top, there's a transaction for 2310 for amazon.com. What can you tell me about that transaction?
Speaker 10 (04:08:33):
Both of them were their online transactions and they were authorized on the Amazon Marketplace. Other than that, I can't tell you much more about them. Again, in talking to Mr. Montgomery, these just were not removed from the Amazon platform, so there was a lot of transactions continued to be billed, even all that to Mr. Cozzi's card.
Tomasz Kosowski (04:09:01):
Okay. So, what that shows is that Mr. Cozzi's Wells Fargo debit card ending in 8377 made a purchase on the... made two purchases actually on the 24th from Amazon.com, correct?
Speaker 10 (04:09:18):
Well, they were authorized on the 22nd, but yes.
Tomasz Kosowski (04:09:26):
Okay. All right. And so, this is one of those transactions where you just basically go put something in your cart in Amazon and just hit buy basically. Is that correct?
Speaker 10 (04:09:35):
Correct. It's not an actual point of sale where somebody can scan the card.
Tomasz Kosowski (04:09:39):
Okay, gotcha. Gotcha. And you didn't contact Amazon with regards to these two transactions, correct?
Speaker 10 (04:09:46):
No.
Tomasz Kosowski (04:09:47):
All right. And Mr. Montgomery said he made these transactions?
Speaker 10 (04:09:53):
We didn't talk about these specific transactions. We just talked about the recurring items that kept coming out of the account after the 20th.
Tomasz Kosowski (04:10:06):
Okay. All right. And on the 27th, there's an Amazon Prime purchase, correct? For 1513, I believe it is?
Speaker 10 (04:10:24):
Yes.
Tomasz Kosowski (04:10:25):
And that, again, you assume that's just a recurring subscription fee for Amazon Prime?
Speaker 10 (04:10:34):
That is my assumption from it, that there's something on Amazon Prime that is recurring. I believe because that 1513 agree-
Tomasz Kosowski (04:10:42):
Pops up a lot, right?
Speaker 10 (04:10:43):
Yes. And so, if this is what I'm thinking it is without looking back at my exact analysis, then this is just something that continued to be billed when the estate could not get access to the account to stop it.
Tomasz Kosowski (04:10:56):
Okay. Going back to that 2310, I didn't come across that anywhere, a 2310 charge anywhere else in these records. So, again, how do you know it's recurring?
Speaker 10 (04:11:12):
I don't recall specifically without looking back at my actual.
Tomasz Kosowski (04:11:18):
Okay. Do you have that available?
Speaker 10 (04:11:28):
I don't have it with me, but do you have the Wells Fargo spreadsheet?
Mr. Vonderheide (04:11:29):
I do.
Tomasz Kosowski (04:11:37):
And by the way, is this in state's evidence, this spreadsheet that we're talking about?
Speaker 12 (04:11:45):
Yeah, I think so. It's not in there.
Tomasz Kosowski (04:12:08):
How about we move on and we'll give Mr. Vonderheide a little bit of time to track that down? Okay. The next things I wanted to talk about, there's some PayPal transactions on... Actually, there's a online transfer to a Platinum card ending in 1544 on 04/03. Would you be able to scroll down a little, sir?
Mr. Vonderheide (04:12:36):
Where do you want it down?
Tomasz Kosowski (04:12:38):
Could you scroll down to about 43 on the date cycle?
Mr. Vonderheide (04:12:40):
Okay.
Tomasz Kosowski (04:13:13):
Okay, right there. That'll be good. So, they're an online transfer to Platinum Card. Do you see it right in the middle there, $125?
Speaker 10 (04:13:24):
Yes.
Tomasz Kosowski (04:13:31):
Yes, ma'am. What can you tell me about that transaction?
Speaker 10 (04:13:34):
I'll have to go back and look at my notes. This is a Wells Fargo credit card [inaudible 04:13:34] look at the Wells Fargo side of it to confirm.
Tomasz Kosowski (04:13:34):
So, this is just a payment?
Speaker 10 (04:13:53):
Correct.
Tomasz Kosowski (04:13:55):
A payment for what exactly? I'm sorry.
Speaker 10 (04:14:05):
$145 to the Platinum card ending 1544.
Tomasz Kosowski (04:14:05):
And it was charged to this account or the money came into this account?
Speaker 10 (04:14:14):
No, the money came out of the joint Wells Fargo checking account to the credit card.
Tomasz Kosowski (04:14:19):
Okay. So, that would be an example of an automatic thing probably, right? When you authorize a credit card to go... Or when you authorize a payment, a monthly deduction?
Speaker 10 (04:14:29):
Correct. A lot of times, you're setting up the recurring minimum payment credit, that kind of thing.
Tomasz Kosowski (04:14:35):
Okay. What about those two PayPal transactions on the 3rd?
Speaker 10 (04:14:41):
So, both, from my experience, look like automatic renewals for Peacock TV for 499 and $5 on April 2nd. Automated subscriptions.
Tomasz Kosowski (04:14:55):
Can you tell me why there would be two payments for Peacock TV? Did you contact Peacock TV?
Speaker 10 (04:15:03):
No.
Tomasz Kosowski (04:15:19):
Okay. Okay. Can we go to 414?
Mr. Vonderheide (04:15:24):
Where do you want to go?
Tomasz Kosowski (04:15:25):
April 14th, please. Okay. Do you see a transfer and Uber transfer there?
Speaker 10 (04:16:05):
Yes.
Tomasz Kosowski (04:16:06):
Okay. What can you tell me about that transaction?
Speaker 10 (04:16:10):
Again, this looks like a recurring monthly subscription for Uber 999. Uber one, I believe is what they call it that you're speaking.
Tomasz Kosowski (04:16:24):
Okay. That's not a... I took an Uber from point A to point B?
Speaker 10 (04:16:31):
That's not what it appears to be.
Tomasz Kosowski (04:16:32):
Okay. I'm sorry. So, you called Uber and you verified they had some type of service for 999?
Speaker 10 (04:16:37):
No, I did not. I just know from personal experience.
Tomasz Kosowski (04:16:40):
Okay. What about on 03/17? There's another Prime Video transaction. Maybe scroll a little bit more down, please, Mr. Montgomery, or Mr. Vonderheide. See right there. Authorized purchase 415 on Prime Video.
Speaker 10 (04:17:09):
Yes. Again, I think that that card was just left on Amazon, on the Amazon account.
Tomasz Kosowski (04:17:16):
Okay. I mean, the last Prime transaction that we saw was for 1513 and this one's for 1022.
Speaker 10 (04:17:22):
Right. This one says Prime Video. The other one just says Prime.
Tomasz Kosowski (04:17:25):
Oh, I see. All right. So, you think your conclusion is that this is a recurring transaction?
Speaker 10 (04:17:35):
I'm not looking back at all of my work product. I don't know. I'd have to look and see which ones were recurrent or not.
Tomasz Kosowski (04:17:40):
Okay.
Speaker 10 (04:17:49):
But here we go. Amazon card just got left on file or something.
Tomasz Kosowski (04:18:21):
Okay. I think that's all the questions I have for you. I really appreciate that. Thank you.
Speaker 11 (04:18:27):
Okay. Any redirect examination?
Mr. Vonderheide (04:18:37):
If a person's cards are left in their wallet on their desk and they don't have it, they're not going to make any POS purchases, right?
Speaker 10 (04:18:46):
Correct.
Mr. Vonderheide (04:18:47):
And so, in the context of your analysis, Mr. Cozzi would go to frequently the same locations, right?
Speaker 10 (04:18:55):
Yes.
Mr. Vonderheide (04:18:56):
Publix, Wendy's maybe?
Speaker 10 (04:18:59):
Dunkin Donuts, Circle K.
Mr. Vonderheide (04:19:03):
And then after March 21st of 2023, did that activity cease?
Speaker 10 (04:19:08):
Yes, it did.
Mr. Vonderheide (04:19:09):
I have nothing further.
Speaker 11 (04:19:10):
All right. Thank you, ma'am. You may step down. State, please call your next witness.
Mr. Vonderheide (04:19:20):
Your Honor, we have a small break. Our witness is en route and he will be here shortly.
Speaker 11 (04:19:27):
All right. So, let's take a 15-minute break in case of bad traffic.
Mr. Vonderheide (04:19:36):
Okay. Thank you.
Speaker 11 (04:19:36):
All right.
Speaker 12 (04:19:36):
All rise. We're in recess 15 minutes by the 12:00. [inaudible 04:20:26]
Judge (04:40:35):
Good afternoon, doctor. You may inquire.
Mr. Vonderheide (04:40:37):
Dr. Thogmartin, good afternoon. Could you please state your full name and spell your full name for Madam Court Reporter?
Jon Russell Thogmartin (04:40:42):
I'm Jon Russell Thogmartin. First name spelled J-O-N, last name T-H-O-G-M-A-R-T-I-N.
Mr. Vonderheide (04:40:49):
And where are you presently employed, sir?
Jon Russell Thogmartin (04:40:51):
I'm the district six medical examiner.
Mr. Vonderheide (04:40:53):
All right. And how long have you been the district six medical examiner?
Jon Russell Thogmartin (04:40:57):
This is year number 26.
Mr. Vonderheide (04:40:58):
All right. 26 years as the district six medical examiner. What does that mean? What do you do for a living? Explain it to us, please.
Jon Russell Thogmartin (04:41:04):
Well, in Florida, the legal term district medical examiner, another place you may call chief medical examiner, we operate under Florida Chapter 406, investigating certain types of deaths. Usually ones where non-natural deaths, deaths that result in trauma or unexpected.
Mr. Vonderheide (04:41:21):
Okay. And so you mentioned Florida Chapter 406. Is that the authorization that is given to your office for the rules?
Jon Russell Thogmartin (04:41:30):
Yes, sir. In certain types of cases, I have jurisdiction without family permission to actually do a death investigation. And it may involve scientific testing, autopsies, and it basically delineates the maximum power of the medical examiner. It also obligates other people in the state of Florida to give me information to help us determine cause of death.
Mr. Vonderheide (04:42:01):
All right. What's your territorial jurisdiction?
Jon Russell Thogmartin (04:42:03):
Pinellas and Pasco Counties.
Mr. Vonderheide (04:42:04):
Okay. And so you are responsible for medical examiner services and role for both Pasco and Pinellas Counties?
Jon Russell Thogmartin (04:42:13):
That's correct.
Mr. Vonderheide (04:42:14):
All right. So you mentioned when you do a death investigation, are you looking for both cause and manner of death?
Jon Russell Thogmartin (04:42:22):
Yeah. Under the law, it's cause of death, but part of the certification. If you certify the death, you determine manner of death. Every doctor that signs a death certificate is going to put manner of death. It's just under Florida law, generally the only doctors that are going to put manner of death on a death certificate other than natural are going to be medical examiners.
Mr. Vonderheide (04:42:43):
All right. And how do you go about determining manner of death?
Jon Russell Thogmartin (04:42:47):
Manner of death is separate from cause. Cause is what killed the person. There could be a billion different causes of death, but manner of death, there's only five. And they're based solely on the circumstance or the context of the case. So as an example, the most common manner of death is natural. I mean, that's by far 90+ percent of all deaths are naturals. You have accidents where you get car accidents, slip and fall, things like that. Then you have suicide where somebody takes their own life. And then you have homicide where one person takes the life of another by conscious action generally.
(04:43:24)
And then the fifth one is, I can't tell the difference between two. I can't decide if a gunshot wound is a homicide or an accident. So you go undetermined or cannot be determined. Or you end up with just a body's found. It's nothing but a skeleton. You barely know who it is. There's not a mark on it. There's no flesh. There's nothing to test you would do undetermined on that one as well. And you do that purely by, if you have a gunshot wound, say, gunshot wound to the head, it could be homicide, suicide or accident. It just depends on how the injury came about, the context of the injury.
Mr. Vonderheide (04:44:01):
So what kind of information do you look for to determine the context of how an injury or how a death would've arisen?
Jon Russell Thogmartin (04:44:08):
Well, you look at what... I'll give an example like in a suicide case, you want suicidal ideation. You would want, are they depressed? Do they have a note? Were the guns in the right hand, the gunshot wounds on the right side of the head? Are they right-handed? Was the gun theirs? Any signs of forced entry? These are the context of the case. While if the gun was defective, it was a dangerous type of gun and they had it under their couch. And when they sat down on the couch, it shot them. I've had that happen. So again, it's not just the wound or the scientific findings on the body. It's the context of the case that tells you the manner.
Mr. Vonderheide (04:44:53):
So in that particular case, cause of death would've been a gunshot wound, right?
Jon Russell Thogmartin (04:44:56):
That's right.
Mr. Vonderheide (04:44:57):
And the manner of death would've been contextualized by all this other external factors.
Jon Russell Thogmartin (04:45:01):
Right. And you can have a suicide, a homicide or an accident with the same wound, the same range, and the same caliber, the same gun, the same location. You determine manner by context. Add some different context, you're changing your manner.
Mr. Vonderheide (04:45:16):
All right. So let's see. 26 years chief medical examiner. We would be remiss if we didn't talk about your educational background. So what is your educational background?
Jon Russell Thogmartin (04:45:24):
I graduated college, let's see, 1986, Southern Methodist University in Dallas, degree in biology. I then did medical school, San Antonio, Texas, finished in 1990 with an MD in medicine. Did residency there, five years in anatomic and clinical pathology, also in San Antonio. I then came to Florida, never left. I came to train in forensic pathology at the Dade County Medical Examiner Office. I did that from 1995 to 1996.
(04:45:53)
And you do this American College of Graduate Medical Education training, and then you're qualified to sit for certain board examinations. And I sat for those boards and based on your education, training and testing, I'm board certified in anatomic pathology, clinical pathology, and forensic pathology by the American Board of Pathology.
Mr. Vonderheide (04:46:14):
Okay. And in the course of your, I guess what? How many years experience do you have in forensic pathology?
Jon Russell Thogmartin (04:46:22):
31.
Mr. Vonderheide (04:46:22):
31 years. 31 years, I guess you've had an occasion to analyze a case and do cause and manner of death, right? A few times?
Jon Russell Thogmartin (04:46:30):
Yes.
Mr. Vonderheide (04:46:31):
Over 1000?
Jon Russell Thogmartin (04:46:33):
Oh yeah. Oh God, 7,500. I don't know. A lot.
Mr. Vonderheide (04:46:35):
Okay. Now in this particular case involving the death of Steven Causey, did you have Mr. Causey's body in order to perform an autopsy?
Jon Russell Thogmartin (04:46:47):
No, no. This was a little different. I mean, in this case, usually I get the body and then work backwards for context. This case is different. It has no body, so there's just context.
Mr. Vonderheide (04:47:01):
Okay. So let's talk about the context that you reviewed in this case. Were you showed videos from the Blanchard Law Firm?
Jon Russell Thogmartin (04:47:09):
Yes.
Mr. Vonderheide (04:47:10):
All right. Surveillance videos?
Jon Russell Thogmartin (04:47:11):
Yes.
Mr. Vonderheide (04:47:12):
Were you shown videos from a trash truck that was in South Florida?
Jon Russell Thogmartin (04:47:18):
Yes.
Mr. Vonderheide (04:47:19):
Were you showed videos from a PSTA bus?
Jon Russell Thogmartin (04:47:23):
Yes.
Mr. Vonderheide (04:47:24):
Did you get to look at some surveillance ring camera in this case?
Jon Russell Thogmartin (04:47:29):
Yes.
Mr. Vonderheide (04:47:30):
Did you look at Flock photograph that happened?
Jon Russell Thogmartin (04:47:36):
Yes.
Mr. Vonderheide (04:47:38):
Did you have occasion to see and use a gorilla cart in this case?
Jon Russell Thogmartin (04:47:45):
Yes.
Mr. Vonderheide (04:47:47):
Okay. Did you view photographs of the defendant in this case and his injuries?
Jon Russell Thogmartin (04:47:51):
Yes.
Mr. Vonderheide (04:47:52):
Okay. So you said about 7,500 times that you've-
Jon Russell Thogmartin (04:48:02):
That's a conservative estimate. I try not to overestimate.
Mr. Vonderheide (04:48:06):
Safe to say that you've handled dead bodies, right?
Jon Russell Thogmartin (04:48:09):
Yes.
Mr. Vonderheide (04:48:11):
Okay. And is that figuring out what happened in their context? Do you use that experience that you have to figure out context in different cases?
Jon Russell Thogmartin (04:48:21):
Yes.
Mr. Vonderheide (04:48:21):
All right. And in this particular case, we said that you've seen a gorilla cart and we're going to talk more about that in a little bit of time. But did you have occasion to actually get into the gorilla cart yourself?
Jon Russell Thogmartin (04:48:37):
Yes.
Mr. Vonderheide (04:48:38):
Were you shocked that you could fit in it when you originally saw it?
Jon Russell Thogmartin (04:48:41):
Not really.
Mr. Vonderheide (04:48:42):
Okay. Why is that?
Jon Russell Thogmartin (04:48:43):
It's sizable.
Mr. Vonderheide (04:48:45):
Big cart.
Jon Russell Thogmartin (04:48:46):
It's not that hard to get in and out of. It's pretty large and as long as you're... You're not going to stretch out and lay down, but it's reasonable.
Mr. Vonderheide (04:48:53):
Okay. So let's talk chronologically in this case from March 21st, 2023. Obviously you weren't there, right?
Jon Russell Thogmartin (04:49:03):
That's correct.
Mr. Vonderheide (04:49:03):
You got to view photographs of the bathroom at the Blanchard Law Firm, Suite B, 1501 South Belcher?
Jon Russell Thogmartin (04:49:10):
Yes.
Mr. Vonderheide (04:49:11):
Okay. And you were able to observe photographs of that bathroom?
Jon Russell Thogmartin (04:49:15):
Yes.
Mr. Vonderheide (04:49:15):
And you were able to observe blood in various locations in that bathroom?
Jon Russell Thogmartin (04:49:22):
Yes.
Mr. Vonderheide (04:49:22):
All right. And is the Pinellas County Forensic Laboratory also under your control?
Jon Russell Thogmartin (04:49:26):
Yes.
Mr. Vonderheide (04:49:26):
Okay. So the DNA serology testing is all under the rubric of the medical examiner?
Jon Russell Thogmartin (04:49:33):
Well, they're two separate entities, but I employ the people in the forensic lab.
Mr. Vonderheide (04:49:39):
Okay. Were you able to look at some DNA results as well?
Jon Russell Thogmartin (04:49:42):
Yeah.
Mr. Vonderheide (04:49:43):
Okay. So you were informed that Mr. Causey's DNA was on certain blood samples that were taken from that bathroom at 1501 South Belcher?
Jon Russell Thogmartin (04:49:52):
Yes.
Mr. Vonderheide (04:49:52):
All right. So as it relates to what occurred at 1501 South Belcher, what were you able to observe about the blood that was located there, that was Steven Causey's blood?
Jon Russell Thogmartin (04:50:04):
Well, it's in multiple areas. There's a bloodletting event. Mr. Causey had a bloodletting event in that bathroom, the bathroom at his work.
Mr. Vonderheide (04:50:12):
All right. And did it appear if it was, let's say it was a health event, did it appear as if it was a health event?
Jon Russell Thogmartin (04:50:18):
Well, if you're talking the most, like you're saying health, you mean like a natural cause?
Mr. Vonderheide (04:50:22):
Like illness of some sort.
Jon Russell Thogmartin (04:50:24):
Okay. A big bleed, usually if you either have a perforated ulcer or you have some sort of GI bleed, generally that'll be in a collection of an area. It could be quite extensive amount of blood. You're talking about a fatal amount of blood or any type of GI bleed, typically that's in the toilet. That's my most common toilet sink or a puddle. Generally, it could be a lot of blood.
Mr. Vonderheide (04:50:48):
Okay. And in this case, there was blood in various locations, right?
Jon Russell Thogmartin (04:50:54):
Yes.
Mr. Vonderheide (04:50:54):
Some on a urinal wall, right? On the outside of the stall?
Jon Russell Thogmartin (04:50:57):
Yeah. Outside the door, on a urinal wall, on the floor, in the drain, just in various places. And then there was a cleanup.
Mr. Vonderheide (04:51:05):
Okay. Well, tell me about the cleanup. What did you observe about what potentially was the cleanup?
Jon Russell Thogmartin (04:51:08):
Well, clearly it's not like blood. There was patterns on the wall that looked like to me it was cleaned up, patterns on the floor that looked like it was cleaned up. It wasn't just blood that you typically see when nobody cleans up. That typically separates, kind of dries, and it's just there. There's no subtle swirling pattern or anything that involves a wiping of it. And then there's paper towels with blood stains that test positive for Mr. Causey's blood. So clearly some of the towels were used in some way and contacted Mr. Causey's blood.
Mr. Vonderheide (04:51:41):
All right. And you're aware that Mr. Causey was, and you learned through this investigation that Mr. Causey was not found in that bathroom, right?
Jon Russell Thogmartin (04:51:48):
No, he was not in the bathroom, yes.
Mr. Vonderheide (04:51:49):
Okay. And so the blood in various locations, the evidence to clean up, Mr. Causey is not located in that bathroom afterwards. Does that indicate anything to you?
Jon Russell Thogmartin (04:52:02):
Well, natural, if you die a natural death like a GI bleed, you typically don't, your body doesn't just disappear.
Mr. Vonderheide (04:52:07):
Okay. And so you would expect to find somebody if they had that kind of information?
Jon Russell Thogmartin (04:52:12):
Well, yeah. When you have a fatal gastrointestinal bleed, there's the guy there where the bleed was because it's fatal and he's there.
Mr. Vonderheide (04:52:22):
Okay. So let's talk about, you saw the surveillance, you saw Mr. Causey go in and then not leave. Did you see somebody pulling a wagon out of that facility?
Jon Russell Thogmartin (04:52:34):
Yes. In the video I saw, I saw a person arrive with a box on his shoulder. Saw Mr. Causey come to the same door really shortly thereafter, within a couple of minutes. And then around, I think it was 10:22 or so, out comes a person pulling a wagon and it's clearly, he's having some hard time with it. It looked like it was pretty heavy and pretty hard to pull. It's not empty. It looks like it's difficult to pull.
Mr. Vonderheide (04:53:03):
All right. And was it indicated to you about approximately what Mr. Causey's height and weight was?
Jon Russell Thogmartin (04:53:10):
Yeah, I think I was told he's like 190, 5'9", something like that.
Mr. Vonderheide (04:53:14):
All right. And how tall are you, sir?
Jon Russell Thogmartin (04:53:15):
I'm 5'11". All right.
Mr. Vonderheide (04:53:18):
And your weight?
Jon Russell Thogmartin (04:53:18):
170.
Mr. Vonderheide (04:53:19):
Okay. So the surveillance, it appears that there was some weight in this wagon, right?
Jon Russell Thogmartin (04:53:28):
Yes.
Mr. Vonderheide (04:53:30):
And specifically, there was a gorilla cart in evidence right here, but you had occasion to. You were in the gorilla cart, right?
Jon Russell Thogmartin (04:53:39):
Yeah, I sat in it. Yeah.
Mr. Vonderheide (04:53:40):
Okay. And when you sat in it, I lifted you up in it?
Jon Russell Thogmartin (04:53:44):
Yes, you did.
Mr. Vonderheide (04:53:44):
Okay. And you were able to be wheeled around, right, with some labor, but you were able to be wheeled around in that cart?
Jon Russell Thogmartin (04:53:52):
Yeah, the wheels are plastic. They're not very big diameters. Certainly nothing compared to some of our autopsy trays or our body removal cots. They're not as good, but you can wheel a body around in it for sure.
Mr. Vonderheide (04:54:06):
So the next thing that you would've seen in this case, and we're going through chronologically, was the footage from the PSTA bus. Do you remember seeing that?
Jon Russell Thogmartin (04:54:14):
Yes.
Mr. Vonderheide (04:54:15):
Do you think it would be helpful in explaining some things today if you were able to see that footage again?
Jon Russell Thogmartin (04:54:21):
Yes.
Mr. Vonderheide (04:54:22):
Okay. Your Honor, would you like to step down? We're going to have it on the TV board here. Is that okay, Your Honor?
Judge (04:54:27):
Yeah. You may step down.
Mr. Vonderheide (04:55:23):
All right. So describe to us what you observed there in that footage.
Jon Russell Thogmartin (04:55:30):
Time on this is 11:30. This would be maybe an hour and 20 minutes after the time.
Mr. Vonderheide (04:55:41):
I think it's at the bottom. If you look, I think it's at 11:25.
Jon Russell Thogmartin (04:55:42):
Okay. So an hour and 20 minutes, hour 25 minutes after the incident. If Mr. Causey's in that wagon, certainly the object's big enough to be the deceased, Mr. Causey. He would not be in rigor mortis at this point.
Mr. Vonderheide (04:55:59):
All right.
Jon Russell Thogmartin (04:55:59):
Too early.
Mr. Vonderheide (04:56:00):
Tell me about that. When does rigor mortis set in?
Jon Russell Thogmartin (04:56:02):
Well, when you have a person die, they tend to be loose. The muscles are functioning, they're loose. They have ATP, so they're loose. After the body dies, the energy in the muscles start to go away and the muscles no longer can move. They bind up because of that loss of energy. And generally what you'll see is you'll see rigor mortis occur in the small muscles, hands, feet, maybe the jaw first, some of the muscles of the face. Then the larger muscles will start to occur four hours, six hours later.
(04:56:42)
So this is like an hour and a half. The body's still going to be pliable, positionable. And what you see here is this is consistent with the appearance of a body. If this is the body, which it looks like it is. The car, when he accelerates, you can see that a portion, not the whole body, but you can see a portion of the body move. You can actually see the blanket pop up, and that's because most likely it's just responding to the movement of the cart within the bed and acceleration, and I've got a part of the body pop up. It's moving. You wouldn't see that if the whole body was stiffened up from rigor mortis.
Mr. Vonderheide (04:57:18):
And at this point, an hour, an hour and a half later, rigor mortis would not have set in yet?
Jon Russell Thogmartin (04:57:24):
No.
Mr. Vonderheide (04:57:24):
Okay.
Jon Russell Thogmartin (04:57:35):
It's actually back there, I think, a little bit. It's coming up. Right when the car starts to accelerate, boom, right there.
Mr. Vonderheide (04:57:44):
Okay. You also viewed a Flock camera photograph?
Jon Russell Thogmartin (04:57:48):
Yes.
Mr. Vonderheide (04:57:49):
All right. All right. What do you observe here?
Jon Russell Thogmartin (04:58:05):
Well, my understanding, this is at Closserman Road in Belcher. I know where that is. The blanket looks different, but there's been... I mean, that video, the PTSA video is down in central Pinellas. This is North Pinellas, so there's been a lot of driving and movement. The body's clearly in a different position, but this would be... If you sit in the car, any person, head, right hand, it looks like a body to me.
Mr. Vonderheide (04:58:34):
Okay. And you've handled thousands of bodies in your career, right?
Jon Russell Thogmartin (04:58:39):
Oh yeah. And it also looks like the cart, from what I've seen of the cart, it looks like it's collapsed a little bit.
Mr. Vonderheide (04:58:46):
Okay.
Jon Russell Thogmartin (04:58:47):
There should be a nylon band running right across there. It looks to me like it's collapsed a little bit, probably just being banged around in the back of the car. And that may be another explanation of why the blanket looks different in this photograph than in the PTSA one, because we've got Largo all the way up to Pinellas, this has moved. And the body not being in rigor mortis, it's not stiff. It's not going to maintain... It's going to move around unless it's really tied down or really tidy bagging. And clearly it's not.
Mr. Vonderheide (04:59:19):
It's clearly moving around in the bed of the truck, right? The wagon is moving around in the bed of the truck.
Jon Russell Thogmartin (04:59:23):
Yeah, you can see it in the PTSA video and you can see the body moving independently of the wagon. So what we have is a has yet to be stiff body, no rigor mortis yet. The wagon's moving around, the frame of the wagon is moving, the body has shifted. There's different acceleration forces, so the whole body is shifting.
Mr. Vonderheide (04:59:42):
Okay. And so, if you want to have a seat, we'll come back. So you just said before rigor mortis sets in, you can move a body around, right? They're pliable.
Jon Russell Thogmartin (05:00:08):
They're pliable. They're positionable. Before rigor mortis sets in or after rigor mortis is gone and it will pass during the time before, during the time after, you can position the body any way you want.
Mr. Vonderheide (05:00:21):
All right. And you said it's about four to five hours, right?
Jon Russell Thogmartin (05:00:24):
Well, you'll start seeing it in the big muscles with some caveats. You'll start seeing it generally in about four hours. The large muscles, the thighs, the biceps, the deltoids, the trapezius muscles, they'll start to bind up. Particularly some of the strongest muscles are in your torso. The torso will stiffen. You can't flex the torso or turn the torso anymore. The neck will stiffen.
Mr. Vonderheide (05:00:47):
So if you position a body in a manner in which it's more easily maneuverable, I guess, for lack of a better terminology, if rigor mortis sets in, is the body going to remain in that position?
Jon Russell Thogmartin (05:00:59):
Yes. If you take, and let's say you fold the body, you're positioning the body. Flexing the knees, flexing the hips, flex the torso, flex the neck, abduct the arms, flex the elbows, and you put the body in a compact shape, and then four hours later, it's going to start staying in that shape. And probably I'd say rigor mortis probably gets the stiffest, maybe 12 hours. It's going to get really, really stiff and it's not going to move.
(05:01:25)
And the stiffness of the body is directly proportional to the strength of the muscles. So a really skinny person, like a very skinny, elderly person, you could break it. Maybe if you pulled an arm, you could break it. But if it's Arnold Schwarzenegger, you're not breaking anything. Arnold Schwarzenegger at his peak is going to be super stiff. A normal person will be somewhere in between that.
Mr. Vonderheide (05:01:48):
Okay. So if given, let's say typothetically, four hours and 50 minutes out of place, right, before rigor mortis sets into these Maybe two hours into that. Would you expect it to be pretty easy to reposition a body in a manner in which it's maneuverable?
Jon Russell Thogmartin (05:02:09):
Well, if you beat the four-hour window, you can position the body pretty much any way you want. Very easily.
Mr. Vonderheide (05:02:15):
Now you're a trained medical doctor, right?
Jon Russell Thogmartin (05:02:18):
What's that?
Mr. Vonderheide (05:02:19):
Your medical education, right?
Jon Russell Thogmartin (05:02:21):
Me?
Mr. Vonderheide (05:02:22):
Yes.
Jon Russell Thogmartin (05:02:22):
Yes.
Mr. Vonderheide (05:02:23):
Okay. And you would expect anybody with a medical education to know this information?
Jon Russell Thogmartin (05:02:27):
Not necessarily. Not necessarily. People that are in for the answer pathology know it. We deal with death all the time. Maybe a regular clinician or somebody, they may never know that.
Mr. Vonderheide (05:02:38):
So you said remains folded up, and you could put the body in a position to where you could maybe fit it in the trunk of a car.
Jon Russell Thogmartin (05:02:48):
Oh yeah, that'd be the time. If you have the body laid out and it gets stiff, you're really going to have to break out the rigor to get it into a position to fit it into a compact shape. But if it's less than four hours, you can fold it up and put it into the most tight container you want, you could really... Or you could lay it out flat. And whatever position you put it in, when rigor mortis sits in, it's going to want to maintain that position.
Mr. Vonderheide (05:03:17):
Okay. And you said that's 12 hours is when it might be the stiffest.
Jon Russell Thogmartin (05:03:19):
Probably the stiffest. Everything else, and there's caveats of it of course, but say 12 hours is about as stiff as it gets.
Mr. Vonderheide (05:03:27):
Okay. And for example, just trash bags, talking about trash bags. Did you also observe in my office someone get into a trash bag?
Jon Russell Thogmartin (05:03:39):
Oh yeah. Not a real surprise to me. A person can get... I've had bodies dumped in contractor bags and trash bags. You can put a body in a trash bag.
Mr. Vonderheide (05:03:47):
Somebody bigger than me.
Jon Russell Thogmartin (05:03:49):
Oh yeah. Oh yeah. We've had one bigger. You just have to do it at the right time or you're going to have to take measures to get them in there. But you can put an adult human male body into a, I would say like a 42 gallon contractor bag. You can put them in there.
Mr. Vonderheide (05:04:07):
Okay. Let's talk about decomposition and smell of a human body. When would you expect that to start happening in say a hot environment?
Jon Russell Thogmartin (05:04:23):
Well, that varies a lot. There's so many variables, but in the sun, not in the sun.
Mr. Vonderheide (05:04:31):
Let's say in a dumpster in the middle of Florida.
Jon Russell Thogmartin (05:04:36):
Oh, you're going to start having pretty significant decomposition within a day. This was March, right? So within a day you're going to have some pretty significant decomp. Two days you're going to... it's going to accelerate. So there would be decomposition occurring within two days pretty significantly.
Mr. Vonderheide (05:04:58):
All right. And to a lay person who's not in your field, would they find that smell to be overpowering?
Jon Russell Thogmartin (05:05:05):
It would be very bad, yes.
Mr. Vonderheide (05:05:06):
Okay.
Jon Russell Thogmartin (05:05:07):
I mean, it's just generally bad.
Mr. Vonderheide (05:05:10):
Okay. And is it generally, would you say a vile smell?
Jon Russell Thogmartin (05:05:14):
That's a good adjective, yes.
Mr. Vonderheide (05:05:16):
Did you also watch a video of a dumpster falling into a trash truck in this case?
Jon Russell Thogmartin (05:05:23):
Yes.
Mr. Vonderheide (05:05:28):
Okay. And would it help to watch it again and describe what you observed?
Jon Russell Thogmartin (05:05:31):
Sure.
Mr. Vonderheide (05:05:33):
Okay.
Judge (05:05:33):
All right, you may step down if you want.
Mr. Vonderheide (05:06:00):
All right. What do you see here?
Jon Russell Thogmartin (05:06:05):
There's a lot of black bags coming out of that dumpster.
Mr. Vonderheide (05:06:06):
Okay.
Jon Russell Thogmartin (05:06:15):
These one of or several of these do contain human remains. There's nothing I can say to really confirm or refute it. The one that ends up about right here looks like the heaviest one. And at this point, rigor mortis would be gone. Because of decomposition, rigor mortis would end. When the muscles start to break down, rigor mortis breaks free on its own. It looks kind of loose. It could be a human torso or a human body, but that's [inaudible 05:06:43].
Mr. Vonderheide (05:06:42):
Okay. All right. It's got some weight to it?
Jon Russell Thogmartin (05:06:45):
It's got some weight. It's a heavy bag containing heavy material.
Mr. Vonderheide (05:06:51):
Okay. And if this was a human being two days in a dumpster in Central Florida, you would expect it to be a vile smell? A bad smell?
Jon Russell Thogmartin (05:06:58):
It would be very bad.
Mr. Vonderheide (05:07:15):
Okay. All right. Did you also view some injuries to Dr. Kosowski in this case?
Jon Russell Thogmartin (05:07:20):
Yes. You guys showed me pictures of Dr. Kosowski.
Mr. Vonderheide (05:07:25):
All right. Would it be helpful for you to see those pictures published here today to maybe explain what you're seeing?
Jon Russell Thogmartin (05:07:30):
Yes.
Mr. Vonderheide (05:07:30):
Okay.
(05:07:30)
[inaudible 05:07:31].
Judge Bulone (05:07:30):
Yeah, okay. Yeah, okay.
Mr. Vonderheide (05:07:30):
Would you like to [inaudible 05:07:44]?
Jon Russell Thogmartin (05:07:30):
Oh, sure. Yeah.
Mr. Vonderheide (05:07:46):
Yeah. All right. So this is an overall picture of Dr. Kosowski on very late March 25, early morning March 26th of 2023. You observed some injuries on him that you noticed, particularly that you noticed and you could maybe give us this approximate age of the bruising.
Jon Russell Thogmartin (05:08:07):
Sure.
Mr. Vonderheide (05:08:07):
Okay. Where would you like to start first?
Jon Russell Thogmartin (05:08:10):
Let's do right arm.
Mr. Vonderheide (05:08:13):
Okay. Right arm first. All right. What do you notice on his right arm?
Jon Russell Thogmartin (05:08:20):
This is the biceps area, the right arm. This is kind of a yellowish green. There's a little green to it. This is not a fresh bruise.
Mr. Vonderheide (05:08:30):
Okay.
Jon Russell Thogmartin (05:08:30):
This is a contusion. In medicine, we call them contusions. We may commonly refer to as a bruise. And what this is, this is broken blood vessels under the skin with pooling of blood under the skin, but not fresh. There's a little purple to it, a little yellow. It's not fresh.
Mr. Vonderheide (05:08:48):
And tell us about your background as it relates to bruising. Does that come up often in your job?
Jon Russell Thogmartin (05:08:55):
Yes.
Mr. Vonderheide (05:08:55):
Okay. And why so?
Jon Russell Thogmartin (05:08:57):
Well, we're injury people. Evaluating injuries, ages of injuries, it's countless times. We come up here estimating, particularly like in cases of homicide, you're looking at ages of bruising. I'm a little bit more used to, if it's really probative, to cut into it and make a slide of it, which helps a little bit be more specific. But this is clearly a bruise that is not cracked. This is a days old bruise. I'd say this bruise is older than three days, but I can't put a maximum age on it. Certainly it's probably less than 10 days, less than 14 days.
Mr. Vonderheide (05:09:33):
Older than three days?
Jon Russell Thogmartin (05:09:34):
Older than three days.
Mr. Vonderheide (05:09:34):
Okay. All right. Where do you want to go next?
Jon Russell Thogmartin (05:09:42):
I'll just do left.
Mr. Vonderheide (05:09:44):
Left arm? Okay. All right. What do you notice on Dr. Kosowski's left arm?
Jon Russell Thogmartin (05:09:51):
He has several contusions here and they're similar age to the one on the right arm. This one, I'm going to stand over here. This particular bruise is a little bit more interesting than the one with the left arm.
Mr. Vonderheide (05:10:07):
Okay. Why is this?
Jon Russell Thogmartin (05:10:08):
The one on the right arm, this is the left arm. It's a little bit more significant in that on top of this, I've got an abrasion, very superficial abrasion with a little crust on it. So when you see something like this, and you see it all the time, you'll have a blunt force injury to the skin and the object that either crushed or rubbed on the skin and broke the blood vessels would rub a little bit of the surface epidermis off and therefore you have to have a scab on it. So there's a very lightweight scab right underneath. And the way it looks to me, I would say this abrasion, very superficial, occurred at the same time where the blood vessels were broken under the skin.
Mr. Vonderheide (05:10:52):
And this bruise, what do you think the age of this bruise is?
Jon Russell Thogmartin (05:10:54):
Oh, it's just like the others. It's greater than three days in my opinion.
Mr. Vonderheide (05:10:57):
Okay. And do you notice something else on his left arm?
Jon Russell Thogmartin (05:10:59):
Yeah, there's... May want to scroll up or go back. Here. This bruise here is depicted better in the overall, but this is a very faint... May want to go back to the overall. There we go. There's a very faint bruise here, similar age to this one in a sort of a linear pattern. You see it actually better in one of the lateral shots, but there's a linear pattern bruise here. It's different from this. This is just a blotch, typical bruise. This is more of a linear shape. And then you have a little bruise here on the inside of the elbow, the lateral part of the antecubital fossa. So we got a little bruise here. These bruises to me appear... This one, three days or older. These over three days.
Mr. Vonderheide (05:11:42):
Okay. All right. Where do you think we should go next?
Jon Russell Thogmartin (05:11:48):
The lower abdomen.
Mr. Vonderheide (05:11:49):
Okay. Lower abdomen. All right. What are we seeing here?
Jon Russell Thogmartin (05:11:56):
This is a, again, it's got a yellow color to it, so that puts it over than three days. Certainly this abrasion is again over the top. We've got an abrasion overlying the bruise. This abrasion with the coloration of this gap, I think they're probably of similar age most likely, and probably occurred about the same time, similar ages to the other bruise. So we have one of the abdomen bruises here and bruises here.
Mr. Vonderheide (05:12:21):
Okay. Mm-hmm. Oh, yeah. What do you see on Dr. Kosowski's legs here?
Jon Russell Thogmartin (05:12:40):
On his right knee has a crust, a scab. There's a scab there. It's not new. It's got some brown to it. This is again older than three days. This is an abrasion. It's a friction force applied to the skin where the epidermis is infected, it's been rubbed away, and you have a healing wound. It's over three days old.
Mr. Vonderheide (05:13:06):
Okay. What do we see here?
Jon Russell Thogmartin (05:13:07):
Faint contusion on the left distal medial thigh, so the inside of the thigh is above the knee. Again, it's very faint, very faint, and it's got the same coloration. It's older than three days.
Mr. Vonderheide (05:13:32):
Okay.
(05:13:32)
Now let's talk about his hands. Did you observe injuries on his hands?
Jon Russell Thogmartin (05:13:36):
Yes.
Mr. Vonderheide (05:13:37):
Okay. All right. This is his right hand. What do we see here?
Jon Russell Thogmartin (05:13:51):
This is the backside or posterior side of his hand. And what you have is you have skin defects here with crusts on them. This is pretty substantial. This one's punctate, kind of small. These again are not new. These are a little old. I'd say three days or older.
Mr. Vonderheide (05:14:09):
Okay.
Jon Russell Thogmartin (05:14:10):
Similar age to the contusion.
Mr. Vonderheide (05:14:14):
Okay. Would you call these defensive wounds like he was fending something off or what would you call these?
Jon Russell Thogmartin (05:14:20):
The common thing about defensive wounds is if you have a knife, you're grabbing the knife, trying to keep somebody from stabbing you or warding off an intact. Most of the time, that's on the anterior side. These are on the posterior side, so they're not defensive. These are on the posterior portions of the hand, so completely different.
Mr. Vonderheide (05:14:35):
Okay. And here's the underside of the skin. Anything remarkable there?
Jon Russell Thogmartin (05:14:37):
No.
Mr. Vonderheide (05:14:49):
Okay. Anything there?
Jon Russell Thogmartin (05:14:50):
Just a little complicated injury. The photograph's not sufficient for me to make any-
Mr. Vonderheide (05:15:06):
Okay. Let's talk about left hand. Do you see anything here of significance?
Jon Russell Thogmartin (05:15:08):
There's a couple of things on his knuckles. Second and third metacarpal is the distal part. He has, again, just skin defects with scabs on them. These are also about the same age as the ones on the other hand, same reasonably close age to the others. These are not weeks old. This one, I think this one may be a little older, but this one here, definitely it's in the greater than three day range. And then he has something on his thumb as well.
Mr. Vonderheide (05:15:46):
Okay. All right. What do we see here?
Jon Russell Thogmartin (05:15:47):
This is a subungual hematoma.
Mr. Vonderheide (05:15:49):
What does that mean?
Jon Russell Thogmartin (05:15:50):
That means, I guess the most common way to get that injury is to close the car door, close your thumb in a car door, smash your thumb with a hammer. It's hemorrhage under the nail. And this is dark purple. It's not grown out from the cuticle. So again, based on the color, we're talking greater than three days old.
Mr. Vonderheide (05:16:09):
Okay. So it could fit in a three to four day, five-day window.
Jon Russell Thogmartin (05:16:13):
Sure. And you've got a little red residual here on this side. I feel comfortable saying greater. It's certainly not like 14 days old. That would be more black. So it's greater than three days.
Mr. Vonderheide (05:16:26):
Okay. Now we talked about this gorilla cart. We got one in evidence. Do you see anything noteworthy about these injuries and maybe lifting a gorilla cart with a lot of heavy weight in it?
Jon Russell Thogmartin (05:16:39):
Well, you can... And there are multiple scenarios where you can get this [inaudible 05:16:44].
Mr. Vonderheide (05:16:43):
Okay.
Jon Russell Thogmartin (05:16:44):
Obviously there's all different ways you can get these bruises. They're all similar age, but if you're... I have seen the gorilla cart.
Mr. Vonderheide (05:16:53):
Would it assist you to see one today to help explain it?
Jon Russell Thogmartin (05:16:55):
Sure.
Mr. Vonderheide (05:16:56):
Your Honor, if I may approach?
Judge Bulone (05:16:56):
You may.
Mr. Vonderheide (05:17:26):
All right. For the record, this is State's Exhibit 25. It's already in evidence. Where would you like me to place this so you can explain it better to Judge Bulone? Right here. Right here is fine. What do you see in particular on this cart that would indicate to you that these injuries could have come from that by lifting it?
Jon Russell Thogmartin (05:17:49):
Well, you've got a couple of things. This is collapsible, so.
Mr. Vonderheide (05:17:51):
[inaudible 05:17:54].
Judge Bulone (05:17:55):
Yeah. Yeah, that'd be good. All right. Very good. You may continue.
Jon Russell Thogmartin (05:18:15):
When this is fully open, [inaudible 05:18:22] camera photograph, this is it fully open. You see this here?
Mr. Vonderheide (05:18:23):
Mm-hmm.
Jon Russell Thogmartin (05:18:23):
You can kind of tell in the [inaudible 05:18:25] camera image, this is down. So the cart at that point is a little collapsed. That's one thing.
(05:18:31)
Second, if it was when you're moving a dead person, really, the word dead weight have a meaning and it's difficult to move a dead body. Can I demonstrate?
Judge Bulone (05:18:44):
You may.
Jon Russell Thogmartin (05:18:54):
A plausible scenario based upon the surveillance I've seen is lifting a cart could be a reasonable explanation for causing the injury. If it was me and I was going to put a body, a 190 pound body in the back of a truck, I would do this, get those wheels as close as I could. Obviously it would collapse. I would lift it here and bring it up, but I'd try to get those front wheels on that load floor first. And if I did that, I've got a 190 pounds, cup holder right here, cup holder right here, and I'm pushing. Sharp object here, contusion from this is a little abrasion. That would be a reasonable explanation. The cart collapses on you and you got a body in it. You can crush your thumb in it easily. But these are just plausible scenarios for that cause of injury. There are other plausible scenarios.
Mr. Vonderheide (05:20:00):
Sure. There's the contusion on his stomach, there's an abrasion and then on his arm as well, right?
Jon Russell Thogmartin (05:20:04):
Well, the linear mark, you're pushing a 190 pounds, so you can get a bruise from crushing force. And if you're bearing the weight of a person on your arm and you're right here with this rod here, you could easily... Again, a plausible explanation for the contusion. It's of the right age for the date of the incident. But again, I want to emphasize there are other plausible incidents.
Mr. Vonderheide (05:20:57):
So we've talked about you've reviewed photographs from the bathroom and you're aware that Mr. Cozzi's blood is in a pickup truck?
Jon Russell Thogmartin (05:21:07):
Yes.
Mr. Vonderheide (05:21:07):
On a tailgate? Okay. And you're aware that his DNA is located in a Toyota Corolla?
Jon Russell Thogmartin (05:21:14):
Yes.
Mr. Vonderheide (05:21:14):
All right. And that Mr. Cozzi's blood was on a ballistics jacket that was found as well?
Jon Russell Thogmartin (05:21:19):
Yes.
Mr. Vonderheide (05:21:19):
Okay. And you're aware that Mr. Cozzi, his family hasn't seen him in three and a half years since March 21 of 2023?
Jon Russell Thogmartin (05:21:26):
Yes.
Tomasz Kosowski (05:21:27):
I object to the testimony of this witness as it concerns observations that were product of the search warrant.
Judge Bulone (05:21:33):
All right. Overruled. Thank you.
Mr. Vonderheide (05:21:35):
And so when we talk about a big part of your job is the obtaining of context, right? When you're making an opinion in a case.
Jon Russell Thogmartin (05:21:46):
Yes.
Mr. Vonderheide (05:21:48):
And so what we've discussed thus far, is that the kind of context that you would be looking for in most of your cases?
Jon Russell Thogmartin (05:21:56):
Yes.
Mr. Vonderheide (05:21:57):
All right. So we have blood in locations where it shouldn't be, right? Man disappeared.
Jon Russell Thogmartin (05:22:03):
Yes.
Mr. Vonderheide (05:22:03):
These are some things that you'll look for.
Jon Russell Thogmartin (05:22:04):
Yes.
Mr. Vonderheide (05:22:06):
To a reasonable degree of medical certainty, what is your opinion as it relates to whether Steven Cozzi is alive or dead?
Jon Russell Thogmartin (05:22:13):
I believe he's dead.
Mr. Vonderheide (05:22:14):
Okay. Now we've talked about manner of death and how there's only what, four plus undetermined, right?
Jon Russell Thogmartin (05:22:21):
That's correct.
Mr. Vonderheide (05:22:23):
So you had given some examples of undetermined before, right? Like maybe you just didn't have that context clues to tell you what happened.
Jon Russell Thogmartin (05:22:31):
Yeah. If you lack context to a case, it's hard to determine manner of death. So the safest thing is to do undetermined if you can't decide or you really just don't know what happened.
Mr. Vonderheide (05:22:43):
Okay. But in a particular case where there's blood in various locations, the person's missing, there's a vile smell in a dumpster in a time period consistent with decomposition, and somebody's financially missing, would these be the kind of contextual observations and evidence that you would be able to use to determine whether something is... The manner of death of someone?
Jon Russell Thogmartin (05:23:09):
Yes, I would be able to determine it. I would do homicide on it. My opinion would be this is a homicidal type case without any hesitation.
Mr. Vonderheide (05:23:15):
All right. And it's not an accident, right?
Jon Russell Thogmartin (05:23:18):
No. Accident, you slip and fall, fall down a flight of stairs, fall and break your hip. We know there's blood in the bathroom. His body doesn't disappear. Natural death in the bathroom, body doesn't disappear. Suicide in the bathroom, body doesn't disappear, and somebody doesn't come and clean it up. The cleanup, the absence of the body, all the other stuff we've spoken about, you've shown me, homicide is really not a problem for me.
Mr. Vonderheide (05:23:45):
Okay. I have nothing further. I'll pass the witness.
Judge Bulone (05:23:49):
All right. Any cross-examinations?
Tomasz Kosowski (05:23:52):
Yes, Your Honor.
Judge Bulone (05:23:52):
Okay.
Tomasz Kosowski (05:23:53):
And Dr. Thogmartin, thank you for being here this afternoon. Did you fill out a death certificate in this case?
Jon Russell Thogmartin (05:24:00):
No.
Tomasz Kosowski (05:24:01):
Why not?
Jon Russell Thogmartin (05:24:02):
There's no body.
Tomasz Kosowski (05:24:05):
I know, but you seem to be so confident that this was a homicide. Why not just take the next logical step and fill out a death certificate?
Jon Russell Thogmartin (05:24:15):
Right. That makes perfect sense. I've had cases where you've had almost no body. The law is the medical examiner has jurisdiction under 406 to determine cause of death. Doesn't say anything about certification. Most deaths that fall under my jurisdiction, I don't certify. I just determine cause of death. Two, it's district where the death occurred or the body is found. So there's a probability that in the future, the body will be found and wherever that body is found, that medical examiner would have jurisdiction.
(05:24:55)
If I had more context to the case, like say I had one with very little tissue and I had almost complete context, video evidence, and I knew for a fact in that case that the body wouldn't be found because the person that disposed of the body after the killing deposited the body in a dumpster that was going and the contents were incinerated. So there's no finding of the body and I had small bits of tissue and a video. So this one wouldn't real... Most of my colleagues and myself, we do not certify the majority of cases that we actually take, and there's always a really good chance that this body's going to be found and it'd be more appropriate for the medical examiner in the jurisdiction where the body was found to actually certify the death.
Tomasz Kosowski (05:25:48):
Okay. So your testimony is because we're waiting to find the body basically?
Jon Russell Thogmartin (05:25:53):
No, no. They brought me in as a consultant primarily to talk about postmortem changes, about your injuries in your photographs and handling of a body, how you would do it, how hard it would be, things like that. And I have an opinion, but I did not certify the death because there's no body.
Tomasz Kosowski (05:26:12):
Okay. You said that there was a bloodletting event in the bathroom. Can you define that for me?
Jon Russell Thogmartin (05:26:18):
Well, Mr. Cozzi lost blood. I will say that it was a decent amount, but I do not believe it was enough external blood loss to kill him. And you'll understand this. If you have blood loss, it doesn't have to be external. So the amount of blood that's on the floor, in my opinion, is not sufficient to cause hemorrhagic shock. We're talking a half gallon. It wasn't a half gallon. It would be just clogging up that drain. But he could still die of blood loss, but it could be internal. I don't know what the source of the blood is. Could be trauma, could be something like a stab wound, gunshot wound, blunt force trauma. There's a defect where blood vessels of Mr. Cozzi were ruptured and he spilled blood in the bathroom.
Tomasz Kosowski (05:27:09):
So it could be a nosebleed?
Jon Russell Thogmartin (05:27:12):
Yeah, but where's his body? That's the problem. And generally with nosebleeds, it's not quite the same pattern that you'd have like that. I have yet to found a fatal nosebleed where the blood is all over the bathroom and the body's gone. And then I don't want to run away with it, but the other context of the case argues strongly against a fatal nosebleed.
Tomasz Kosowski (05:27:34):
You said something funny. You said that you don't think that he was dead in the bathroom?
Jon Russell Thogmartin (05:27:39):
What?
Tomasz Kosowski (05:27:40):
Didn't you say, you said that you don't think he lost enough blood to die in the bathroom?
Jon Russell Thogmartin (05:27:45):
He did not lose... I'm going to be very clear with you. He did not lose enough blood externally of his body for him to account for death by hemorrhage in the bathroom.
Tomasz Kosowski (05:27:57):
Okay. So you can't really say that there was an injury like a gunshot wound or a stabbing or a bludgeoning to conclude that he died from hemorrhagic shock due to those injuries?
Jon Russell Thogmartin (05:28:15):
No, no. I know you know anatomy. So most of my cases that are stabbings or gunshot wounds, the majority of the blood loss, blood outside of blood vessels resulting in hemorrhagic shock, the blood is contained within the pleural cavity or within the abdomen or within the pericardial sac. Sometimes the external blood loss is not that much. So blood loss can occur like if you have a carotid artery injury, it's going to be everywhere. So I don't think that happened. You have a femoral artery perforation, blood's going to be everywhere. I don't think that happened, but I have no idea of what the source of the blood loss is. It could be everything up to a gunshot wound.
Tomasz Kosowski (05:29:00):
Okay. Okay. You mentioned that you kind of had some time with the cart outside of court here, correct?
Jon Russell Thogmartin (05:29:17):
Yes.
Tomasz Kosowski (05:29:18):
Okay. And you got into the cart?
Jon Russell Thogmartin (05:29:20):
Yes.
Tomasz Kosowski (05:29:21):
And Mr. Vonderheide wielded you around, correct?
Jon Russell Thogmartin (05:29:25):
Yes.
Tomasz Kosowski (05:29:25):
Okay. Did Mr. Vonderheide lift you up to that height while you were in the cart?
Jon Russell Thogmartin (05:29:33):
Well, he lifted me up with... He's surprisingly strong. He lifted me up with quite not a lot of effort. I didn't want him to hurt himself, but wow, I was kind of impressed. He did not elevate me to the table, but I have no doubt he could do it. I have no doubt that Mr. Vonderheide could lift me up and put me on that table in that cart. I think he could, but again, I only weigh 170, to be fair.
Tomasz Kosowski (05:29:56):
I think you should demonstrate this. I had this request of Detective Bolton a little while ago, but I would like to see you get into that cart again, all right? And I would like to see Mr. Vonderheide lift that cart up onto that table. Would you be willing to participate?
Jon Russell Thogmartin (05:30:14):
It's up to the judge.
Tomasz Kosowski (05:30:14):
[inaudible 05:30:17].
Judge Bulone (05:30:14):
Hmm?
Tomasz Kosowski (05:30:14):
I'm not going to agree to participate again.
Judge Bulone (05:30:23):
Okay. So it's not mandated, so you may continue with your cross-examination.
Tomasz Kosowski (05:30:31):
Certainly you would agree that if a person... Let me get this straight. You said that in your best estimation, somebody grabbed the rear surface, the back surface, the non-handle side of that cart, and essentially deadlifted 190 pounds in front of them-
Jon Russell Thogmartin (05:30:56):
No, I... Oh, sorry.
Tomasz Kosowski (05:30:57):
... like straight up and then put it onto-
Jon Russell Thogmartin (05:30:59):
No. I certainly wouldn't do that. People could do that, but what I said was a plausible way of doing it would be get the front wheels on the load floor and then lift the rear. It's very similar to the way we would load a body when we pick it up from a scene. It's very similar, but I do the foot end first. The foot end of what looks like the foot end is in the front of the truck. Me personally, I would tend to want to lift it, have the front end, the head end first. It'd probably be a little easier, but I'm not saying that. I'm just saying that you get the front wheels on, get them on the load floor, get them as close to the load floor as possible, then you lift it up from the back all the way, and it would be very hard and very uncomfortable to do, but it is within the human ability to do it.
Tomasz Kosowski (05:31:57):
What is the wheel base, the distance between wheels on that cart?
Jon Russell Thogmartin (05:32:01):
Don't know.
Tomasz Kosowski (05:32:03):
All right. We've determined already previously that the height of the Toyota Tundra, at least to its rear bumper, is 28 inches.
Jon Russell Thogmartin (05:32:15):
Okay.
Tomasz Kosowski (05:32:16):
Okay? I would argue that if you put the tailgate down, you would kind of bump that height up a little bit more.
Jon Russell Thogmartin (05:32:22):
Yes, I agree.
Tomasz Kosowski (05:32:23):
How many inches would you say?
Jon Russell Thogmartin (05:32:25):
Oh, I'd say the bumper height versus tailgate height?
Tomasz Kosowski (05:32:29):
Yes.
Jon Russell Thogmartin (05:32:29):
Three, four inches.
Tomasz Kosowski (05:32:30):
Three, four inches? So 31 to 32 inches.
Jon Russell Thogmartin (05:32:33):
Sure.
Tomasz Kosowski (05:32:34):
Okay. So that table right there is 30 inches tall. Okay? If anybody has a measure, a ruler, we can verify that. I would like for you to take that cart and show us whether you can actually get any set of wheels on top of that with the other part of the cart standing on the floor. Would you be able to do that with an empty cart?
Mr. Vonderheide (05:33:10):
Judge, I'm going to object because the ground at 1501 Belcher was raised up with an oak tree, as the testimony established earlier. And in fact, some of the pictures established as well that had already been entered into evidence, so it wouldn't be an accurate reflection here in the courtroom to do that.
Judge Bulone (05:33:27):
All right. I'm not going to mandate any court demonstrations, so you may continue with your cross-examination. You can make your points without demonstrations.
Tomasz Kosowski (05:33:36):
I think a demonstration would be a lot more powerful because I think it would take Herculean strength to get somebody on top of that table in that cart. I also think it's physically impossible to get the actual wheels of the cart on top of that table.
Judge Bulone (05:33:52):
All right. I appreciate your opinion, but please move on.
Tomasz Kosowski (05:33:56):
Well, it doesn't have to be argumentative. We can actually get an answer right now.
Judge Bulone (05:34:01):
Well, it's argumentative right now, so move on.
Tomasz Kosowski (05:34:04):
Okay. Would you be willing to get into a trash bag that we recovered from the back of my car?
Jon Russell Thogmartin (05:34:12):
I would rather not, but I know you can get a human being in one. Very, very confident.
Tomasz Kosowski (05:34:39):
I have no further questions. Thank you, Dr. Thogmartin.
Judge Bulone (05:34:42):
All right. Any redirect?
Mr. Vonderheide (05:34:43):
When you saw that wagon on the surveillance being pulled out of that law firm, there was clearly something very heavy in that wagon, right?
Jon Russell Thogmartin (05:35:00):
Yes.
Mr. Vonderheide (05:35:01):
All right. And then when you later on saw that wagon in the bed of that Toyota Tundra TRD Pro next to the PSTA bus, to you, it looked like a human body?
Jon Russell Thogmartin (05:35:14):
Yes.
Mr. Vonderheide (05:35:15):
Okay. And would you say that, that human body would've suffered some sort of mortal wounds to that body in order to be in that place to be dead inside of the back of that pickup truck?
Jon Russell Thogmartin (05:35:28):
I would say mortal wounds or fatal poisoning or something. He's not moving. It looks like a dead body.
Mr. Vonderheide (05:35:38):
It looks like a dead body where there's some blood loss suffered in the bathroom and various locations, right?
Jon Russell Thogmartin (05:35:45):
Yes.
Mr. Vonderheide (05:35:46):
And it appears that there was a cleanup as well?
Jon Russell Thogmartin (05:35:48):
Yes.
Mr. Vonderheide (05:35:50):
I have nothing further.
Judge Bulone (05:35:54):
All right. Thank you, sir. You may step down. All right, what says the state?
Mr. Vonderheide (05:36:01):
We may have an announcement if we could have five minutes to make sure just to look at the evidence, make sure everything is where it should be [inaudible 05:36:12].
Judge Bulone (05:36:11):
All right. We'll take a 10-minute break because it usually takes twice as long.
Mr. Vonderheide (05:36:15):
Yeah, yeah.
Judge Bulone (05:36:15):
All right?
Speaker 13 (05:36:15):
All rise.
The Court (05:46:23):
All right, everyone is present. What says the state?
Mr. Kosowski (05:46:27):
State of Florida rests.
The Court (05:46:28):
All right. Mr. Koswoski, do you want to move for judgment of acquittal at this point? Do you know what that is?
Mr. Kosowski (05:46:36):
No, sir.
The Court (05:46:37):
All right. It's a motion arguing that the state has failed to prove a prima facie case, and therefore I should find you not guilty at this point. I can give you a hint. It's always a really good idea to do that.
Mr. Kosowski (05:46:54):
Okay, let's do it.
The Court (05:46:55):
All right. It'll be denied, but it's preserved for appellate review, which is what you want to do. All right, so now we have the issue of if you want to put on a case or not, and there's things that are sort of interrelated in that situation. I mean, you obviously could put witnesses on the stand other than yourself. You obviously could testify yourself. There's also the issue of, do you still want to represent yourself, or if you want standby counsel to start taking over at this point? I'll explain to you what happens if you do decide to take the stand. It's obviously up to you if you testify or not. Whether you have counsel or not, it's always up to the defendant himself if he testifies or not. It's not up to the lawyer. So whether you represent yourself or not, it's up to you whether or not you take the stand.
(05:48:04)
If you do decide to testify, then your testimony will be evaluated by the fact finder, which obviously is the court in this situation, as any other witness would be. If you decide not to testify, the court will not infer or assume any guilt or hold it against you in any way. If you represent yourself and if you want to testify, then what would happen is you wouldn't ask yourself questions or anything. You would take the stand, and then you could go into a narrative and testify as to what you want to testify about, as long as it's relevant, of course, and admissible. And then the state could cross-examine you on anything that's really relevant in the case. There's no beyond the scope objection or anything like that. So if you do take the stand, you can say what you want to say as long as it's relevant and admissible, and then the state can ask you about anything they want to ask you about that is relevant for the case about everything that we've heard so far.
(05:49:27)
Another possibility is that you can have standby counsel represent you at this point, and I'll allow you to go over what it is you're going to testify about and what questions are going to be asked. And then standby counsel can ask you questions and then you can answer them. That's probably a lot smoother than you just taking the stand. So have you reached a decision, first of all, if you want to continue to represent yourself or if you want standby counsel to take over at this point?
Mr. Kosowski (05:50:09):
I would like to keep representing myself.
The Court (05:50:11):
Okay. And is it your intention to call any witnesses?
Mr. Kosowski (05:50:17):
No, Your Honor.
The Court (05:50:18):
All right. Is it your intention to take the stand at all?
Mr. Kosowski (05:50:21):
No, Your Honor.
The Court (05:50:21):
All right. And do you feel that that's in your best interest?
Mr. Kosowski (05:50:26):
Yes, Your Honor.
The Court (05:50:27):
All right. Is anyone threatening you or forcing you to reach this decision?
Mr. Kosowski (05:50:31):
No, Your Honor.
The Court (05:50:32):
Are you under the influence of alcohol, drugs, or any kind of medication?
Mr. Kosowski (05:50:36):
No, Your Honor.
The Court (05:50:37):
So you're making this decision of your own free will, and it's being done voluntarily, correct?
Mr. Kosowski (05:50:45):
Yes, Your Honor.
The Court (05:50:45):
Okay. All right. So now we have the issue of closing arguments.
Mr. Kosowski (05:50:53):
Well, Your Honor, hold on. Doesn't mean I'm done. I'd like to first enter into exhibit defense number two, which is the excerpt from the testimony of Kevin Corrigan. I'd like to enter that as defense two.
The Court (05:51:14):
No, well, that's not really admissible. I mean, you can argue whatever you want in closing arguments if you want to do a closing argument as to what he said, but transcripts from the trial are not admissible. Transcripts from the depositions are not admissible.
Mr. Kosowski (05:51:34):
I-
The Court (05:51:34):
During closing argument, if you want to say he said this, this, and this, you can do that.
Mr. Kosowski (05:51:38):
I just want you to have a copy of this, once I'm going through my closing.
The Court (05:51:44):
Well, I do have a copy of it.
Mr. Kosowski (05:51:46):
Okay. So it's not necessary, you say, for me to submit this as evidence?
The Court (05:51:50):
Correct.
Mr. Kosowski (05:51:51):
Okay.
The Court (05:51:53):
If you want me to look at that, I can go ahead and do it.
Mr. Kosowski (05:51:56):
And my second request is that may we please do closing arguments tomorrow?
The Court (05:52:03):
Yeah, I don't see anything wrong with that. I mean, it's 3:08 or whatever it is today. So I don't know. If you want to have any sort of limits on how long we're going to go, or if we're going to take the position that obviously it's a first degree murder, the state's asking for the death penalty, so we'll let people go on as long as they like. I guess we can do that, but maybe we can get some assurance that you're not going to go on forever. State?
Speaker 14 (05:52:36):
Yeah, that's correct. I will not go on forever, Your Honor.
The Court (05:52:38):
Okay. Well, that's good. That's good. And then I guess that's it. So let's talk about closing arguments then, okay? So issue number one, is I actually created jury instructions that I would've given in this case if we had a jury. And would the parties like copies of those, so that you know what to argue? Obviously it has all the elements of first degree murder and second degree murder and manslaughter and it has all the other instructions that you may need. State, would you like that or do you feel that you know the law well enough and I know the law well enough and you're going to waive that?
Speaker 14 (05:53:33):
I mean, if Your Honor has drafted, it may be, Your Honor, Koswoski would like a copy. If that's the case we should probably [inaudible 05:53:41] both have access to it.
The Court (05:53:43):
Okay.
Speaker 14 (05:53:43):
Yes.
The Court (05:53:45):
Mr. Koswoski, would you like a copy of the jury instructions so that you know what to argue at closing arguments?
Mr. Kosowski (05:53:52):
Yeah. Yes, I would, Your Honor.
The Court (05:53:53):
Okay. All right. So I just have to modify those a little bit, because I didn't know if he was going to take the stand or not. So that'll take a few minutes, but then I'll bring it back and give it to everybody tonight. Well, this afternoon, it's not going to take that long. All right. So the other issue is I decided to do a verdict form since that's consistent with what a jury would do. So I've got four different possibilities here. The defendant is guilty of murder in the first degree as charged. The defendant is guilty of murder in the second degree, a lesser included offense. The defendant is guilty of manslaughter, a lesser included offense, and the defendant is not guilty. So is there anyone who would like me to consider any other lesser included offenses besides those? State?
Speaker 14 (05:54:48):
No, Your Honor.
The Court (05:54:49):
All right. Defense, would you?
Mr. Kosowski (05:54:51):
No, Your Honor.
The Court (05:54:55):
Okay. All right. So here's the verdict form. Both sides can take a look at it and see if they have any objection to it. All right. And for closing arguments in the rest of the trial, obviously if you want me to appoint standby counsel as your lawyer, I will do that. And obviously they will represent you for free here. So do you still want to proceed representing yourself or would you like me to appoint Ms. McNeill or Mr. Hernandez for the rest of this?
Mr. Kosowski (05:55:38):
For the rest of what, Your Honor?
The Court (05:55:39):
The rest of the trial.
Mr. Kosowski (05:55:40):
No, I'll speak for myself.
The Court (05:55:42):
Okay. All right. So I have a rough draft of the jury instructions and then we're going to make the modifications that we need to make. I'm going to keep it the way it is, and have it be an instruction that would be given to the jury. You can figure out obviously that it's a court and not the jury that's going to be deciding these things. I've got introduction to homicide since we need that in every case. We've got murder in the first degree. The lesser includes are murder in the second degree and manslaughter. I've got plea of not guilty, reasonable doubt and burden of proof. I have weighing the evidence.
(05:56:44)
I'll just keep in all 10 issues, because it won't hurt anything. I'll take out accomplices and informants since they didn't testify. I'll take out child witness since we didn't have one of those. I'll take out, if the defendant testified, because he's not, I'll keep in defendant not testifying. Defendant's statements, did we have any? I don't think we have any statements, did we?
Mr. Kosowski (05:57:24):
No, Your Honor.
Speaker 14 (05:57:24):
No, Your Honor. Non custodial.
The Court (05:57:26):
Right. All right. So I'll take that out. All right. I'll leave in rules for deliberation, I mean, if you want to hit on those things. Obviously you don't have to go over all of this. I mean, not only have I heard it hundreds and hundreds of times, but I've said it hundreds of times. Okay. So I'll be back in 15 minutes, I'll have a copy for the state, copy for the defense, a copy for the clerk, so you can put that in the court file, and then a copy for me and that'll be it. So I'll be back in about 15 minutes.
Speaker 15 (05:58:13):
All rise. Court is in recess for 15 minutes by [inaudible 05:58:17].
The Court (06:09:07):
All right. Everyone's here. So I have a copy of the jury instructions for the state and one for the defense. And then obviously look those over. That's the law that I'll be following. And if there's anything that's not correct about it, let me know. I've done a few of these. I did take out submitting case to jury and cautionary instruction because that has absolutely nothing to do with us when we don't have a jury here, so otherwise everything else might be applicable as far as arguing what it is you want to argue. All right, so tomorrow I'm fairly confident we can start right at 9: 00. So I know the state knows this. I'll let Mr. Koswoski know this, that the state gets to go first and last if you do give a closing argument. If you waive your closing argument, then they don't get a rebuttal, because there's nothing to rebut. Understand what I'm saying?
Mr. Kosowski (06:10:27):
Yes.
The Court (06:10:28):
Okay. All right. Any questions at all about closings or anything else before we adjourn for the day?
Speaker 14 (06:10:36):
No, Your Honor.
The Court (06:10:37):
All right. Sir, any questions?
Mr. Kosowski (06:10:39):
No, Your Honor.
The Court (06:10:40):
All right. So we'll see you tomorrow at 9:00.
Speaker 15 (06:10:41):
All rise.
