Wednesday, February 17, 2010

Cozzi Hearing Tomorrow

Here's the information we have:
  • The initial hearing in the United States of America v. William COZZI (No. 09-2648) will be held (tomorrow morning) on Thursday, February 18th before a three judge panel of the United States Court of Appeals for the Seventh Circuit in Room 2721 at the Dirksen Federal Building, 219 S. Dearborn Street.

    Room 2721 will be open to the public at 9:00 AM with the first case call at 9:30. Seating is limited. First come; first seated. No standing room only (SRO) will be permitted. Appellant Bill COZZI will be represented by Marc MARTIN, Esq. while the prosecutor will be AUSA Stuart D. FULLERTON. Bill will not be present. He remains incarcerated at FCI Oakdale, Louisiana, a thousand miles due south of Chicago.

    Retired Sergeant John Northen has confirmed the following information as accurate with the U.S. Marshal Service (USMS), most of whom are retired members of the CPD. Pursuant to the Order of the Chief Judge for the Northern District of Illinois, all officers not responding to an emergency, even in full CPD uniform, must stow their weapons in secured lockers provided by the USMS before proceeding to elevators to the 27th flloor. While we encourage all officers to wear their uniforms, we ask that all active and retired officers attired in civilian clothes to stow their firearms, OC spray, pocket knives, etc. elsewhere to permit sufficient weapon storage for uniformed officers.

    While we cannot guarantee admission to the courtroom due to limited seating, our friends at the USMS assure us that no one will be left out in the cold. Regardless of circumstances, uniformed CPD cannot carry picket signs. As you know, only the Supreme Court of the United States (SCOTUS) is allowed to grant certiorari for appeals from the U.S. Court of Appeals. The Seventh Circuit hears all appeals from federal cases from Illinois, Indiana and Wisconsin.

    "Northside" also unsuccessfully attempted to phone Attorney General Eric HOLDER, Chief Judge James F. HOLDERMAN, USA Patrick FITZGERALD, AUSA Stuart FULLERTON, FBI SAC Robert GRANT, CPD Supt. Jody WEIS and CPD Chief of Staff Michael MASTERS.

    Demonstrate your support for our brother Bill COZZI, the WEIS scapegoat.
We'll be getting periodic reports from the building.

Labels:

97 Comments:

Anonymous Anonymous said...

FREE COZZI!

Please show up and support our UNJUSTLY imprisoned brother.

God Bless John Nothern!

2/17/2010 12:06:00 AM  
Anonymous Anonymous said...

scc, what exactaly is the appeal for? I remember you saying there was going to be a hearing to have him moved to wisconsin.... Is that what this is?? Or is this a hearing to appeal his sentence? I wish I could attend but I cant and I hope that many people show support for him. I know youve already posted but if you could give an update about what exactly is being appealed tomorrow would be appreciated. thanks

2/17/2010 12:12:00 AM  
Anonymous Anonymous said...

Can anyone breakdown the process of what could happen? Is he appealing the charge and if it is over turned what happens? God bless the cozzi family.

2/17/2010 01:15:00 AM  
Anonymous Anonymous said...

Let's all agree on two things:

1. Cozzi got fucked and did not deserve to go to prison.
2. Cozzi was a stooge for what he did and does not deserve to be employed by the CPD.

2/17/2010 02:09:00 AM  
Anonymous Anonymous said...

To travel past the lobby of the Federal Courthouse you must pass through a metal detector and at that location is where the lock boxes are located. The metal detectors are operated by Special Deputy U.S. Marshals. There is no special entrance for uniformed officers and everyone must surrender their weapons at this point, even federal agents.

The building is protected by both the U.S. Marshall Service and the Federal Protection Service as well as armed private security (who are mostly federal agents and officers moonlighting). Therefore the building is fairly secure and retaining your weapon for person protection shouldn’t be necessary. Also remember that the building is on federal land and the State of Illinois has no authority there. Therefore you will not be the police there and you are not obligated to carry out your oath as a peace officer.

2/17/2010 02:41:00 AM  
Anonymous Anonymous said...

I hope Kass is there.

---not a cop

2/17/2010 03:39:00 AM  
Anonymous Anonymous said...

I would like to make mention of something that has not been shed any light whatsoever during the entire Cozzi ordeal. Derrick Blakely, a frequent and critical reporter of supposed Chicago PD indiscretions, is a well known thief. If there is any doubt of this, ask any honest Nordstrom Loss Prevention Officer. They would confirm an extensive file of well known shoplifting and perpetration of retail fraud.

2/17/2010 04:49:00 AM  
Blogger Dragonslayer said...

this is where technology could help. if allowed, someone should be live-tweeting the proceedings.

2/17/2010 05:01:00 AM  
Anonymous Anonymous said...

Officers Won’t Face Federal Charges in Sean Bell Killing
Published: February 16, 2010
Citing insufficient evidence, federal authorities said Tuesday that they would not bring a civil rights case against the New York City police officers involved in the killing of Sean Bell, a 23-year-old black man who was shot by the police outside a strip club in Queens on his wedding day.....

“We’re hoping to eventually meet with President Obama, and that he’ll do something, because this is a national problem.” .....
Lawyers for the officers involved expressed support for the government’s position. Paul P. Martin, a lawyer for Detective Cooper, said he was not surprised by it. “There’s no basis for them to bring a federal proceeding,” Mr. Martin said. Anthony L. Ricco, the lawyer for Detective Isnora, who was struck by Mr. Bell’s car and who fired the first shot, said he spoke with his client, who was “very relieved.” The lawyer added that Detective Isnora was hopeful he would be cleared of internal charges and that he hoped to attend law school. Detective Oliver, who fired 31 shots, was told of the decision by his lawyer, James J. Culleton. “I called him, and he was very relieved and very happy,” Mr. Culleton said. “It took a long time for this decision to come down.” Michael J. Palladino, the president of the Detectives Endowment Association, said he was “gratified” with the government’s decision. Mr. Benefield, Mr. Guzman and the family of Mr. Bell still intend to move ahead with a civil lawsuit. Mr. Sharpton said he hoped that a civil case, as well as possible departmental charges, would “bring some justice” to Mr. Bell’s family and his wounded friends.

2/17/2010 06:23:00 AM  
Anonymous Anonymous said...

lets just pray that bill gets a ''fair shake''. he was punished far beyond his crime/mistake. i ve seen jagoffs get less time for forcible felonies or multipul gun convictions. all he wanted was his job back...and he would ve worked his balls off in appreciation. when jfed threw bill under his federal bus...he lost all respect from the foot soldiers that make this job. let also hope that all the ''milli vanilli''police get their walking papers.

2/17/2010 06:25:00 AM  
Anonymous Anonymous said...

Its the ONLY hearing that will take place regarding this case in front of a 3 judge panel.

If they rule in favor of COZZI the case will go back to the district court with the court of appeals rulings and instructions.

No matter what happens and what the ruling is in favor or against the next step is the Supreme Court. Either Cozzi will be looking for the Supremes to hear his case or the G will be looking for the high court to look at and overturn the court of appeals decision.

2/17/2010 08:45:00 AM  
Anonymous Anonymous said...

Can his lawyer discover if Jody had any undo contact or influence in this case?

Anyone who can show up should show up, and wear a YELLOW RIBBON.

If he is ordered released immediatley, I'll throw money into the hat for his airline ticket home.

Screw Jody and his Feds and Shorty too. There will be a lot of damage to undo when they leave.

God Bless the CPD!

2/17/2010 09:22:00 AM  
Blogger Ann T. said...

Dear SCC,
I'm neither in law enforcement nor in Chicago, but everybody needs to pay attention to issues of justice and mercy.

I wish Bill Cozzi well, and hope for a good outcome for him.

Sincerely yours,
Ann T.

2/17/2010 09:33:00 AM  
Anonymous Anonymous said...

While out of town until the 20th., I will be there in heart and spirit. Thanks John, for being a bulldog on this issue for Bill, and 'not letting go.'

2/17/2010 09:56:00 AM  
Anonymous Anonymous said...

If you can't make it to the argument, you can listen to it at this link-

http://www.ca7.uscourts.gov/fdocs/docs.fwx

It is not available live, but is posted within a few hours of the hearing.

2/17/2010 10:11:00 AM  
Anonymous Anonymous said...

Let's all agree on two things:

1. Cozzi got fucked and did not deserve to go to prison.
2. Cozzi was a stooge for what he did and does not deserve to be employed by the CPD.

2/17/2010 02:09:00 AM

Uh, I saw the tape. Didn't see him do anything that wasn't warranted.
As a matter of fact, wish police could go back to being the police.
If they have the courage to go take care of shit I can't take care of, how they do it is totally up to them as far as I'm concerned.

And, you might want to see someone about that passive-aggressive behavior asshole.

---not a cop

2/17/2010 10:15:00 AM  
Anonymous Anonymous said...

please check this video out and send this video around .

http://video.foxnews.com/v/3995214/police-officers-under-attack

2/17/2010 10:16:00 AM  
Anonymous Anonymous said...

2. Cozzi was a stooge for what he did and does not deserve to be employed by the CPD.

2/17/2010 02:09:00 AM

Screw you asshole. He was reinstated by the Police Board. If every cop who ever gave an asshole or fighter an extra crack or two was fired there would be no one left to work. Yiu are obviuosly not a cop or someone who has hidden his entire career.

2/17/2010 10:48:00 AM  
Anonymous Anonymous said...

Let's all agree on two things:

1. Cozzi got fucked and did not deserve to go to prison.
2. Cozzi was a stooge for what he did and does not deserve to be employed by the CPD.

2/17/2010 02:09:00 AM

Screw you.... Bill served out the punishment as prescribed by the Dept. He had every right to return to work after the suspension was up. Everyday, ghetto shit-birds get away with much worse. Much, much worse. And spineless judges let them walk. Bill was tossed under a semi truck by you know who. Chicago needs a Superintendent that is actually a cop . Not a weight lifter in a suit.

2/17/2010 11:03:00 AM  
Anonymous Anonymous said...

scc, what exactaly is the appeal for? I remember you saying there was going to be a hearing to have him moved to wisconsin.... Is that what this is?? Or is this a hearing to appeal his sentence? I wish I could attend but I cant and I hope that many people show support for him. I know youve already posted but if you could give an update about what exactly is being appealed tomorrow would be appreciated. thanks

2/17/2010 12:12:00 AM
-----------Are you fucking serious? He served an 18 month suspension, then j-fed thought he should be proseduted federaly the week before he took office...for God's sake!

2/17/2010 11:53:00 AM  
Anonymous Anonymous said...

let also hope that all the ''milli vanilli''police get their walking papers.

2/17/2010 06:25:00 AM

what the F*&^ are you talking about? 'milli vanilli', who the hell are 'milli vanilli' police? i thought we were all in this together...dick head.

2/17/2010 12:13:00 PM  
Blogger LATHROP ONE said...

Will be there. Bald Head Black Carhart. FREE BILL COZZI.


Second and THANKS TO ALL THAT COMPLAINED.

The National Black Foot Soldier Network has FINALLY been Shut down due to a term of service violation. This radical police hating racially motivated site is NO MORE. Thanks to all that helped make that happen.

2/17/2010 12:25:00 PM  
Anonymous Anonymous said...

IMPORTANT INFO IMPORTANT INFO

Off topic but not really

While in court today I was engaged in conversation with a worker bee from the 025th district. I was informed that a certain Captain from the 1st watch (L.P.) has thrown all his workers under the bus.

Apparently a large fight that was outside on the street outside of a bar was on viewed by some midnight guys. They called it in and as responding units began to arrive the fight intensified. Needless to say tasers were deployed and mace was used to calm the savages resulting in 7 arrests. One P O had his jaw cartilage damaged and a few other injuries.

As Capt L P arrived on scene to see the total chaos and mayhem that befalls us who work the street he was shocked. He was originally put on the paper as being on scene. This caused Capt L P to go berzerk and he ordered the paper car to make sure he was nowhere on the paper because he was sure there would be a "lawsuit" and he had to worry about his house family and kids and bank account.

I ask you readers is Capt L.P the only person who has these worries? I think not.

But I want to thank Captain L.P. from midnights 025th district for throwing all his hard working officers of midnight shift under the bus. What a stand up boss.

Hey Capt L.P. you are nothing but a coward and a spineless weasel and you have no place in a busy district you little bitch.

Go back to being the inspector you were before you sucked your way up to captain. no one wants you nowhere near them.

Your guys did a great job that night and what do you do, you bail on them

Capt L.P. you should be ashamed of yourself.

2/17/2010 01:00:00 PM  
Blogger NorthSide said...

Tomorrow will be the initial and ONLY hearing in USA v. COZZI. The three judge panel will hear oral arguments and generally ask probing questions of both attorneys.

Several weeks later, the court will issue a written ruling. The panel can affirm, reverse or a combination thereof the decision of U.S. District Court Judge Blanche MANNING who sentenced the defendant-appellant to forty (40) months in federal prison (FCI Oakdale, LA.) a thousand miles away from his friends and loved ones.

In the event the Court partially or fully reverses Judge Manning's ruling, the case will be sent back to her court with instructions.

If the Court affirms Judge Manning's ruling, the appellant has only two recourses:

(1) In the event of a split (2-1) decision, request an en banc hearing before the entire Seventh Circuit Court of Appeals.

(2) File a petition for a grant of certiorari for the U.S. Supreme Court to hear the case.

Both appeal petitions are rarely granted.

On your arrival at the Dirksen Federal Building before 9 A.M. tomorrow, most of the uniformed Court Security Officers (CSO) are retired members of the CPD. They are NOT deputies of the United States Marshals Service (USMS).

Consider tomorrow morning as your ONLY opportunity to show your support for Bill Cozzi.

In any event, the Cozzi Outrage clearly remains the defining moment in the abysmal tenure of Jody P. Weis.

2/17/2010 01:08:00 PM  
Anonymous Anonymous said...

Let's all agree on two things:

1. Cozzi got fucked and did not deserve to go to prison.
2. Cozzi was a stooge for what he did and does not deserve to be employed by the CPD

_____________________________

Your wrong about #2..I'll never agree on that.

2/17/2010 01:09:00 PM  
Anonymous Anonymous said...

If there is any justice in this world J-Fed and rats will get theirs. FREE COZZI

2/17/2010 01:29:00 PM  
Anonymous Anonymous said...

Let's all agree on two things:

1. Cozzi got fucked and did not deserve to go to prison.
2. Cozzi was a stooge for what he did and does not deserve to be employed by the CPD.

2/17/2010 02:09:00 AM

Disagree!!

#1 yes
#2 No!

His case was already ajudicated. The despot didn't like the outcome so He called his buds.

2/17/2010 01:33:00 PM  
Anonymous W. Butler said...

The only reason Cozzi is locked up right now is because he was a cop. Ghetto rats routinely get away with shit much more heinous.

2/17/2010 01:45:00 PM  
Anonymous Anonymous said...

Any News?

2/17/2010 01:59:00 PM  
Anonymous Anonymous said...

If this goes to the Supreme Court, wouldn't all the dirty laundry come out as to Weis orchestrating all this? I mean, I don't have a law degree, but all they did was prosecute him and win the case. If if goes further, wouldn't they be able to depose everyone involved which would lead to disclosing the reasons that got this poor man indicated in the first place?

Just wondering.

2/17/2010 02:11:00 PM  
Anonymous Anonymous said...

Let's all agree on two things:

1. Cozzi got fucked and did not deserve to go to prison.
2. Cozzi was a stooge for what he did and does not deserve to be employed by the CPD.


Well you are half right Asshat.

He wss a Copper who made a mistake and who paid retail for said mistake and then was fucked in perhaps not a legal Double Jeopardy certainly a moral Double Jeopardy.

2/17/2010 02:23:00 PM  
Anonymous Anonymous said...

there but by the grace of God goes any of us....

2/17/2010 02:29:00 PM  
Anonymous Anonymous said...

Blue Ribbons will be there to hand out and also the Free Bill Cozzi bracelets will be there for sale tomorrow and to wear to show your support.

2/17/2010 02:32:00 PM  
Anonymous Anonymous said...

FREE COZZI...Lockup Weiss and Company for Malicious Prosecution, Double Jeopardy,and all other applicable statutes...Immediately!

2/17/2010 03:27:00 PM  
Blogger Elm Creek Smith said...

Best of luck to Bill Cozzi. It sounds to me like he was punished far beyond what his mistake deserved. A Federal indictment, trial, and imprisonment was just stupid.

ECS

2/17/2010 03:33:00 PM  
Anonymous The Ghost of Fab and Rob said...

what the F*&^ are you talking about? 'milli vanilli', who the hell are 'milli vanilli' police? i thought we were all in this together...dick head.

====

Milli Vanilli was a singing duo that didn't actually, you know, sing. They lip synched it all.

By saying "milli vanilli police" one can safely assume that they mean people who dress up like the police but were never actually, you know, the police.

The pop reference might be a bit of a stretch for anyone over 50 and under 25, but it is amusing.

2/17/2010 03:41:00 PM  
Anonymous Anonymous said...

Dear Jody,

Just want to let you know that when you came to 025 today, we were forced to take down all the FREE BILL COZZI signs and all the signs about Bill's hearing. But believe us, they were everywhere and they all went back up after your sorry ass left. They were on every wall and door. Too bad you couldn't see it. Sneak back in and you will see we have not forgotten about Bill.

Oh and this was on the door too:

MASTERS, MASTERS, MASTERS, MASTERS, MASTERS, MASTERS, MASTERS

PS Jody: We all still hate you!

2/17/2010 03:46:00 PM  
Anonymous Anonymous said...

I wonder if any bosses show up. How about big balls Dugan. He says he has our back lets see if he means it. Come on Dan Dugan! Show your support boss.

CS

2/17/2010 03:49:00 PM  
Anonymous Anonymous said...

Oh, and Fuck that Petersen asshole too.

2/17/2010 03:54:00 PM  
Anonymous Anonymous said...

A "WISE and HONEST" Judge should step up here and see the RAILROAD and POLITICAL AGENDA put on here!

The fact that this case is even in a Federal Court is embarrassingly ridiculous for me as an American Citizen....what a waste of FEDERAL FUNDS and peoples time!

This exemplifies everything that is wrong with our society today!

The man (Cozzi) made a mistake in which he already PAID for it and plead guilty to a state MISDEMEANOR (which in essence what it was) and some softball that never worked the street sees it as a SERIOUS crime!

WTF?

The message was sent when Cozzi plead to a misdemeanor and was suspended with out PAY!

MOVE ON from it ...NOT....

Try him FEDERALLY....

Are you fucking kidding me?

SOFT!!!!!!!! And this guy runs our DEPT.?

Whatever...

Sorry for the Rant!

3 bars

2/17/2010 03:55:00 PM  
Anonymous Anonymous said...

FREE COZZI...Lockup Weiss and Company for Malicious Prosecution, Double Jeopardy,and all other applicable statutes...Immediately!

2/17/2010 03:27:00 PM

They should lock Weis up for impersonating a police officer.

---not a cop

2/17/2010 04:06:00 PM  
Anonymous Anonymous said...

As Capt L P arrived on scene to see the total chaos and mayhem that befalls us who work the street he was shocked. He was originally put on the paper as being on scene. This caused Capt L P to go berzerk and he ordered the paper car to make sure he was nowhere on the paper because he was sure there would be a "lawsuit" and he had to worry about his house family and kids and bank account.

*********************************

Correction. In a lawsuit your home and your primary vehicle cannot be touched. so to all the people saying that "oh no, they can take my house"... that is incorrect.. they can hit you punitivly which does not have to be paid in one lump sum but over time. ususally small payments garnished from wages or if you can pay it out of your regular bank accound you just do that. If a copper is initially hit with a huge punitive fine by the jury, eg:60,000, that always goes to another hearing with just a judge where the fine is disputed. 99.99 percent of the time a fine like that will come down to anywhere from 500-1000.. if its a bigger finding then it can go up to 5 6 or 7 thousand... obviously nobody wants to pay a dime of thier own money ever to these muts... but just to set some people straight they cant take the car or house... and if you get hit for 60,000... it will be appealed and knocked down. everyone... just relax

2/17/2010 04:52:00 PM  
Anonymous Anonymous said...

j-dawg you dirty rotten, no good,spineless coward,you are going to get yours some day and i hope i'm around to see it.you know what they say"what goes around".and further more take of that chicago police uniform off. as i said when your dogass was hired,you were never the police,you certainly are not the police now and you never will be a policeman.now go get your shine box you fucking mutt.oh yeah,take those fucking puke fbi friends of yours with you.r.i.p.airhart.free cozzi!!! over $300,000.00 wtf.we hate your fucking guts.

2/17/2010 05:13:00 PM  
Anonymous Anonymous said...

Off Topic:

But way the hell important.

Today in Graphic Arts, was the new announcement for the Application Process for the Chicago Police Departmet from Tracy Lattner (civilian pain in the ass in charge of Persona.....wait I forgot it's called Human Resources now). The date was in question marks, and there was no exam listed.....just a pysch, college requirements, background check. NO TEST!!!!! WTF? Time to quit this Mickey Mouse Department. J-Fed, Daley you a$$hat$ have screwed this job, and I am gonna bide my time out a few more years and leave for out of State on a lat transfer.

2/17/2010 05:24:00 PM  
Anonymous Anonymous said...

This guy was SERIOUSLY Railroaded. Our Government is Scarily out of Control... Think twice about who you vote for in ALL upcoming Elections. NO Illinois Politician that I know of has stood up to this Travesty of Justice.

2/17/2010 05:37:00 PM  
Anonymous Anonymous said...

Could Someone please set the 3rd Watch in 024 down and explain to them The Coffee Run is NOT more important than ASSIST THE PO holding the hit and run OFF attempting to flee!

2/17/2010 05:45:00 PM  
Anonymous Anonymous said...

I will be there passing out blue ribbons. I only have 50.

2/17/2010 06:06:00 PM  
Anonymous Anonymous said...

Show your outrage by your presence tomorrow. Just show up. It's our one and only chance, like Northen said. Just show up. From the number of posts, I don't hold out a lot of hope that we will stand behind our brother.

2/17/2010 06:13:00 PM  
Anonymous Anonymous said...

"Hey Capt L.P. you are nothing but a coward and a spineless weasel and you have no place in a busy district you little bitch."

Oh brother , this is not news this guy has been the the shakiest jake around in any capacity he ever had. He would never go home worrying about everything. Barney Fife is like Brock Lesnar next to this guy.hahahahahah now you got him.

2/17/2010 06:24:00 PM  
Anonymous Anonymous said...

Any reporter out there that is thinking of doing any story on the morale of the CPD... should be doing interviews there.n just saying. I hope Jody weis gets his soon.

2/17/2010 06:30:00 PM  
Anonymous Anonymous said...

Mr. Weis in 025 for alderman meeting scheduled for 1600. Commander's secretary taking down all of the hearing notices and free Bill Cozzi signs posted everywhere in the station at 1530. She was miffed. Either it was the signs or the tight fitting uniform with the dust all over it.

2/17/2010 06:40:00 PM  
Anonymous Anonymous said...

I want to hear about what Derrick Blakely did and if he did something why is it swept under the rug by the media?

2/17/2010 06:42:00 PM  
Anonymous Anonymous said...

If this goes to the Supreme Court, wouldn't all the dirty laundry come out as to Weis orchestrating all this?

******************************

No. The purpose of appeal is to right a wrong committed by the lower court. What it means is the appeal has to have some kind of merit such as the judge applied the law incorrectly or denied the appellant a certain right afforded by the law improperly. The purpose of appeal isn't to retry the case, only the specific parts that were incorrectly applied or misapplications of the law or for clarifications of existing laws or recent case law & decisions.

What you're referring to is the "discovery" process. Unless the appeal specifically indicates the judge failed to allow the defense proper discovery and access to all witnesses discovered during depositions etc., and the appellate court agrees, thereby forcing the judge to allow additional discovery to take place, there won't be any further "revealing" of any other witnesses.

In the case of Weis' asking to have this case made federal, it has no bearing on whether or not the laws were applied correctly. It may be that the defense did not subpoena Weis or that the judge quashed the subpoena to depose Weis because he may have thought his testimony had no direct bearing on the allegations made against cozzi.

Finding out who Weis talked to and what he said in his request to burn Cozzi means nothing in relation to whether or not the prosecution had a case against Cozzi and was able to prosecute.

It's entirely possible that the defense subpoenaed Weis and the prosecution successfully had it quashed for lack of the defense's ability to show his deposition has any bearing on defending Bill. The courts don't allow the runaway depositions of everyone and anyone someone can think of because unless a specific testimony has the reasonable possibility of aiding the defense or prosecution it serves no purpose other than to delay the proceeding or vex and harass the other party.


Just saying....

2/17/2010 06:57:00 PM  
Blogger leomemorial said...

o/t

dropped off cookies from the bakery to the 008th @ clearing library sub-station. Please stop by. tnx

2/17/2010 07:10:00 PM  
Anonymous Anonymous said...

well, he advances two issues on appeal:

STATEMENT OF ISSUES
1. Whether the district court erred in denying the defendant’s motion to dismiss the indictment because use had been made of his compelled statements and testimony? Alternatively, did the district court err in refusing to hold a hearing on the motion?

2. Whether the district court erred in using the aggravated assault sentencing guideline, instead of the civil rights guideline, in setting the base offense level?

2/17/2010 07:58:00 PM  
Anonymous Anonymous said...

and the gubmint response'
ISSUES PRESENTED FOR REVIEW
1. In response to defendant’s motion to dismiss the indictment under
Garrity v. New Jersey, 385 U.S. 493 (1967), the government exhaustively
demonstrated that it had a source for its evidence independent from any statements defendant gave under compulsion and that none of its investigators or prosecutors had been exposed to those statements. Defendant takes issue
with none of this, but focuses on the fact that the case was referred to the FBI by someone who may have been exposed to efendant’s statements. Did the
district court err in concluding that it was “inconceivable that Cozzi’s compelled statements had any more than a tangential influence on prosecutors (if that)”
and in refusing to dismiss the indictment?
2. Guideline § 2H1.1, the guideline for Cozzi’s offense of conviction,requires a sentencing court to apply the greater of the offense level found in that
section or in “the offense guideline applicable to any underlying offense.”
Application Note 1 to § 2H1.1 defines this to mean the guideline for “any conduct
established by the offense of conviction that constitutes an offense under federal,
state, or local law.” Given that Cozzi admitted in his plea agreement conduct
that constituted aggravated assault (beating the wheelchair-bound victim with
Case: 09-2648 Document: 17 Filed: 01/04/2010 Pages: 51
1 We refer to the documents contained in the record on appeal as “R.___.” We
refer to the sentencing transcript by the date of the transcript and the page number,such as “6/11/09 Tr. ___.”
3 a dangerous weapon, causing bodily injury), did the district court err in applying
the aggravated assault guideline?

2/17/2010 08:05:00 PM  
Anonymous Anonymous said...

Every time I hear about Bill I just get a sick feeling. I hope that f'ning fed Weis burns in Hell.

2/17/2010 10:17:00 PM  
Anonymous Anonymous said...

blah blah blah blah........SCC, please let your readers know: the case is set for 10:00 a.m. Arguments begin at 9:30. Cozzi's is the third case. You can see the court's schedule at the 7th Circuit's website.

2/17/2010 10:25:00 PM  
Anonymous Anonymous said...

I highly doubt anyone will do this on their own time.

One of our own had a hearing, at one time, out of state. The FOP paid for a bus, this blog publicized the crap out of it, and there were 26 heads on the bus.

I hope I'm wrong, but unfortunately, the CPD copper is a very selfish creature, by nature.

2/17/2010 10:26:00 PM  
Anonymous Anonymous said...

Milli Vanilli was a singing duo that didn't actually, you know, sing. They lip synched it all.

By saying "milli vanilli police" one can safely assume that they mean people who dress up like the police but were never actually, you know, the police.

The pop reference might be a bit of a stretch for anyone over 50 and under 25, but it is amusing.

2/17/2010 03:41:00

Girl, you know it's true.

2/17/2010 10:28:00 PM  
Blogger NorthSide said...

I just got off the phone with Bill. We're hoping and praying for a reversal. He gives his love and appreciation to all of us for our help and letters in sustaining him throughout this ordeal.

I read Bill excerpts from this thread.

Again, tomorrow morning may well be our only chance to show our moral support for Bill.

Please come!

2/17/2010 10:28:00 PM  
Anonymous Anonymous said...

the milli vanilli police are the feds at the top. never went to the academy.were brought in from elsewhere. thanks for playing along...tool! and you can stick together with them if you like.

2/17/2010 10:31:00 PM  
Anonymous Anonymous said...

Old lawyer here, who has argued before the 7th circuit. The argument will be brief, and during the oral argument neither of the attorneys will get to make all of their points. The case will be decided on the briefs (in my opinion); oral argument is only an opportunity for the judges to show *ahem* how smart they are. I support Officer Cozzi's cause, and hope any member of the CPD who has the time to attend does so. CPD attendance will likely have no effect on the decision, but family is family, if you know what I mean. God Bless all police officers.

2/17/2010 10:34:00 PM  
Anonymous Anonymous said...

Capt L.P. you should be ashamed of yourself.

2/17/2010 01:00:00 PM


He would be ashamed, if he indeed felt shame. Instead, he spends his time making sure 3rd watch is coming in not ONE minute before scheduled check off (sometimes he can be found in the radio room checking radios in his holy self).

Coward. Disgrace. Pathetic.

I don't care what he did when he was an inspector, he is a horrendous boss.

2/17/2010 10:36:00 PM  
Anonymous Anonymous said...

Two years suspension without pay and a misdemeanor conviction for giving an obnoxious drunken mutt a few harmless "pimp slaps" for wreaking havoc and disrupting an entire hospital emergency room. It didn't even come close to a "tune-up" and the mutt just giggled and behaved afterwards.

And then the WEISel makes it into a federal case before he's even sworn in. After all, clueless Jody Boy had never saen anything so "egregious".

2/17/2010 10:51:00 PM  
Anonymous Anonymous said...

Let's all agree on two things:

1. Cozzi got fucked and did not deserve to go to prison.
2. Cozzi was a stooge for what he did and does not deserve to be employed by the CPD.

----------------------------------

No, lets not agree. Giving an asshole a crack in public was poor judgement, but hardly deserving of seperation or the "stooge" label you bestowed apon him. In any case, we were not there, and any real cop would withhold judgement.

2/17/2010 11:05:00 PM  
Anonymous Anonymous said...

As Capt L P arrived on scene to see the total chaos and mayhem that befalls us who work the street he was shocked. He was originally put on the paper as being on scene. This caused Capt L P to go berzerk and he ordered the paper car to make sure he was nowhere on the paper because he was sure there would be a "lawsuit" and he had to worry about his house family and kids and bank account.

*********************************

Correction. In a lawsuit your home and your primary vehicle cannot be touched. so to all the people saying that "oh no, they can take my house"... that is incorrect.. they can hit you punitivly which does not have to be paid in one lump sum but over time. ususally small payments garnished from wages or if you can pay it out of your regular bank accound you just do that. If a copper is initially hit with a huge punitive fine by the jury, eg:60,000, that always goes to another hearing with just a judge where the fine is disputed. 99.99 percent of the time a fine like that will come down to anywhere from 500-1000.. if its a bigger finding then it can go up to 5 6 or 7 thousand... obviously nobody wants to pay a dime of thier own money ever to these muts... but just to set some people straight they cant take the car or house... and if you get hit for 60,000... it will be appealed and knocked down. everyone... just relax

2/17/2010 04:52:00 PM

--------------


Can you possibly miss the point by a wider margin?

Thanks for the info - but that was not the point

2/17/2010 11:15:00 PM  
Anonymous Anonymous said...

scc, what exactaly is the appeal for? I remember you saying there was going to be a hearing to have him moved to wisconsin.... Is that what this is?? Or is this a hearing to appeal his sentence? I wish I could attend but I cant and I hope that many people show support for him. I know youve already posted but if you could give an update about what exactly is being appealed tomorrow would be appreciated. thanks

2/17/2010 12:12:00 AM
-----------Are you fucking serious? He served an 18 month suspension, then j-fed thought he should be proseduted federaly the week before he took office...for God's sake!

----


I am not the original poster ... but I do have the same question. What is the appeal for?

Ya, I know, I know ... double jepoardy ... Well it is not double jeopardy if he is being tried in a different tribunal ... like the Military, they can be tried in both the military courts and the civilian. I don't like it one bit either beleive me, but I am pretty sure it is settled law. And I am pretty sure double jeopardy is not the basis of the appeal. So I'll ask again, what is the basis of the appeal?

2/17/2010 11:21:00 PM  
Anonymous Anonymous said...

well, he advances two issues on appeal:

STATEMENT OF ISSUES
1. Whether the district court erred in denying the defendant’s motion to dismiss the indictment because use had been made of his compelled statements and testimony? Alternatively, did the district court err in refusing to hold a hearing on the motion?

2. Whether the district court erred in using the aggravated assault sentencing guideline, instead of the civil rights guideline, in setting the base offense level?

2/17/2010 07:58:00 PM

-------


thank you very much for this answer - please disregard the above post asking for same ....

2/17/2010 11:26:00 PM  
Anonymous Anonymous said...

Two years suspension without pay and a misdemeanor conviction for giving an obnoxious drunken mutt a few harmless "pimp slaps" for wreaking havoc and disrupting an entire hospital emergency room. It didn't even come close to a "tune-up" and the mutt just giggled and behaved afterwards.

And then the WEISel makes it into a federal case before he's even sworn in. After all, clueless Jody Boy had never saen anything so "egregious".

2/17/2010 10:51:00 PM

-----


I am no fan of what Cozzi did ... it is not so much that it was brutal but moreso stupid. Very stupid. Ever time I see a cop on videotape doing something stupid we all say the same thing - how the hell could he NOT know he would be videotaped. So stupid. Period.

He got overpunished. That's a certainty.

But he was stupid and he was wrong. Stupid being worse.


But then you look at the entire situation. That ghetto dog was probably hit harder by his lumpy mattress than he was in that hospital.

Now he's got 1/2 of whatever settlement the city gave him. His lawyer snaked the rest.

And he has no psycholigical scars whatsoever - I'm sure he is the hero of the bustouts out in the hood. Perhaps his ripple friends just give him a few gutshots as sort of a practical joke. Well, the joke is on Cozzi in the end isn't it.

ANd after all the federal "violation of civil rights" charge was thought up by the feds ... guys who have absolutely NO CONSTITUTIONAL RIGHT to step into a state's afairs in regards to police powers.

Congress has two constitutional wellsprings for their power #1 regulate interstate commerce and #2 the welfare clause.

Period.

How Congress justified passing the "Violation of Civil Rights" law is a complete mystery to me.

I'd be very curious to know because I am sure this type of stuff has come by the Supreme Court at some point in time.

I just can't get by J-Fed using a hammer to kill a fly on this one.

2/17/2010 11:40:00 PM  
Anonymous Anonymous said...

what happened to him I forgot. I wish him luck

2/17/2010 11:50:00 PM  
Anonymous Anonymous said...

anyone watch channel 7 news tonight about Patrick Kelly

2/17/2010 11:52:00 PM  
Anonymous Anonymous said...

And the media talks about George Ryan being pardoned by Obama.....Cozzi should be before him......WTF?

2/18/2010 12:00:00 AM  
Anonymous Anonymous said...

Milli Vanilli was a singing duo that didn't actually, you know, sing. They lip synched it all.

By saying "milli vanilli police" one can safely assume that they mean people who dress up like the police but were never actually, you know, the police.

The pop reference might be a bit of a stretch for anyone over 50 and under 25, but it is amusing.

2/17/2010 03:41:00

Girl, you know it's true.


i think you meant to say


-- - girl you know its t- girl you know its t-girl you know its t- girl you know its t-girl you know its t- girl you know its t-girl you know its t- girl you know its t-girl you know its t- girl you know its t-

2/18/2010 02:45:00 AM  
Anonymous Anonymous said...

SCC - I am sure you aware the oral arguments will be accessible via the internet tomorrow. Please post a link to them. Good luck to Bill!!! Thanks.

2/18/2010 03:25:00 AM  
Anonymous Anonymous said...

civilian post:

PO Cozzi didn;t even kick the guy drunk in the ass, did he tear his eyes out, did he rip his head off his sholders for spitting on him...

FUCK the KING and QUEEN of NORWAY
FUCK Mayor Daley
FUCK his hired federal agent
FUCK JODY WEISS,
FUck the guards who in Louisiana,
didn't give him consideration, Fuck Jody's Cats
Fuck the Fraternal Order
Fuck,,,Fuck ,,FUCK !!!!

the injustice.

Fuck any Patrolman, Seargent, who doesn't see

the injustince.

Fuck any preacher,priest,and also

Fuck all the gangs, cause they are laughing,

Fuck You Obama and Bush and just for good measure
Fuck Daddy Bush and Carter
and Fuck
Clinton, and The House, and
Fuck every
Senator.

Cozzi smacked someone, big shit, move on and

Free Cozzi.

2/18/2010 05:47:00 AM  
Anonymous Anonymous said...

Northside, you sort of misrepresent facts sometimes...

"Court Judge Blanche MANNING who sentenced the defendant-appellant to forty (40) months in federal prison (FCI Oakdale, LA.) a thousand miles away from his friends and loved ones."

Judges sentence defendants. They do not sentence them to certain prisons. They are remanded to the custody of BOP, who place them where BOP sees fit.

In fact, judges often make a request at the time of sentencing that BOP place the defendant in an institution as close to home as possible (upon a request being made by the defense attorney at time of sentencing). This request itself is not always necessarily honored, but I have never seen a case where it was denied.

If someone checks the court docs, if the request was made, it would be in his sentence, along with the conditions of his supervised release, fine, special assessment, etc....

There is no way Weis (or the Judge) got him sent so far away, away from his loved ones. It just doesn't work like that. It is a very convenient allegation to make in a situation that clearly invokes a lot of emotion, but it is not factually accurate. And it invokes conspiracy theories and takes away from some of the legitimate arguments that people could make about problems with this case (end run around the established disciplinary system).

Oh, and whoever wrote the comment about whether or not Jody had the case referred to the Feds having no bearing.....I could not agree more. It is those sort of comments which will help people clearly understand what is actually happening, and not confuse the situation with raw emotion.

2/18/2010 06:55:00 AM  
Anonymous Anonymous said...

It's entirely possible that the defense subpoenaed Weis and the prosecution successfully had it quashed for lack of the defense's ability to show his deposition has any bearing on defending Bill. The courts don't allow the runaway depositions of everyone and anyone someone can think of because unless a specific testimony has the reasonable possibility of aiding the defense or prosecution it serves no purpose other than to delay the proceeding or vex and harass the other party.


Just saying....

2/17/2010 06:57:00 PM

Thanks for the legalese. Hope you're on our side.

2/18/2010 06:57:00 AM  
Anonymous Anonymous said...

The 7th Circuit is an independent and generally learned group not afraid to mince words. Depending on which judges are on the panel it may seem like a court you've never seen before.

I agree that Bill Cozzi got screwed and excessively punished and hope for the best.

OTOH, I can see where folks can requesonably question if he should be out the door (and can the knee-jerk name-calling crap). Let me explain.

In today's legal world, if you have been disciplined for being untruthful (even for writing an inaccurate report) or for excessive force, that information could be used against you in court to impeach your credibility. In essence, the judges who will let this in can neuter an officer. Not always fair but it's the law...and not snarky J-Fed's law, either.

2/18/2010 07:27:00 AM  
Anonymous Anonymous said...

All this blaming of Capt LP for the incident in 025 a few weeks ago is wrong....He was never there....He said he was never there, so therefore he was never there....were there any other supervisors there?? Did they claim they were not there too?? Why do you people have this strange idea the Watch Commander is supposed to command the watch?? This Capt never ever leaves the station....not for major crime scenes, murders or to tour the district and not for fights either. I'm quite sure his log shows that he only goes out the door to smoke because anything other than that would be a Rule 14 violation on his part!!!

2/18/2010 09:36:00 AM  
Anonymous Anonymous said...

From what I gather, the gov't left J-feds e-mails out of their response, probably because they would cause such outrage. I was going to go to the hearing but could not change a prior commitment. Someone please post.

2/18/2010 10:03:00 AM  
Anonymous Anonymous said...

In today's legal world, if you have been disciplined for being untruthful (even for writing an inaccurate report) or for excessive force, that information could be used against you in court to impeach your credibility. In essence, the judges who will let this in can neuter an officer. Not always fair but it's the law...and not snarky J-Fed's law, either.

=====================

You obviously haven't read the brief. You're wrong.

2/18/2010 10:05:00 AM  
Anonymous Anonymous said...

"Court Judge Blanche MANNING who sentenced the defendant-appellant to forty (40) months in federal prison (FCI Oakdale, LA.) a thousand miles away from his friends and loved ones."

That's not what NOrthside said. He said Weis had a hand in where he went. NS was simply naming the judge.

Asshat.

2/18/2010 10:07:00 AM  
Anonymous Anonymous said...

"2/17/2010 11:40:00 PM"


i believe the 'victim' in this case has expired.

2/18/2010 10:16:00 AM  
Anonymous Anonymous said...

civilian post:

PO Cozzi didn;t even kick the guy drunk in the ass, did he tear his eyes out, did he rip his head off his sholders for spitting on him...

FUCK the KING and QUEEN of NORWAY
FUCK Mayor Daley
FUCK his hired federal agent
FUCK JODY WEISS,
FUck the guards who in Louisiana,
didn't give him consideration, Fuck Jody's Cats
Fuck the Fraternal Order
Fuck,,,Fuck ,,FUCK !!!!

the injustice.

Fuck any Patrolman, Seargent, who doesn't see

the injustince.

Fuck any preacher,priest,and also

Fuck all the gangs, cause they are laughing,

Fuck You Obama and Bush and just for good measure
Fuck Daddy Bush and Carter
and Fuck
Clinton, and The House, and
Fuck every
Senator.

Cozzi smacked someone, big shit, move on and

Free Cozzi.

A little angry? If you have a heart attack over this, your only hurting yourself (and loved ones), Believe that Karma can be a bitch, what comes around goes around. Now go have some green tea. Steady breaths, steady breaths.

signed,
Your loving Budda

2/18/2010 10:31:00 AM  
Anonymous Anonymous said...

To: Oh, and whoever wrote the comment about whether or not Jody had the case referred to the Feds having no bearing.....I could not agree more.

Can you explain how it has no bearing that Jody used his influence with Patrick Fitzgerald to have the case prosecuted, especially when you say that it is a legitimate to argue that there was an end run around the CPD's established disciplinary system?
Thanks

2/18/2010 11:11:00 AM  
Anonymous Anonymous said...

What was the outcome?

2/18/2010 11:42:00 AM  
Anonymous Anonymous said...

It's entirely possible that the defense subpoenaed Weis and the prosecution successfully had it quashed for lack of the defense's ability to show his deposition has any bearing on defending Bill. The courts don't allow the runaway depositions of everyone and anyone someone can think of because unless a specific testimony has the reasonable possibility of aiding the defense or prosecution it serves no purpose other than to delay the proceeding or vex and harass the other party.


Just saying....

2/17/2010 06:57:00 PM

Thanks for the legalese. Hope you're on our side.

After going to the hearing today, I think whoever wrote the above is NOT on our side. As that was their arguement today.

2/18/2010 11:53:00 AM  
Anonymous Anonymous said...

I was at the hearing today. It went well, better than Bill's attorney ever thought it would. I'm optimistic. God Bless those of us that went. God Damn those of you that didn't.

2/18/2010 12:38:00 PM  
Anonymous Anonymous said...

Let's all agree on two things:

1. Cozzi got fucked and did not deserve to go to prison.
2. Cozzi was a stooge for what he did and does not deserve to be employed by the CPD

_____________________________
Stay off the blog you ASSHAT.

2/18/2010 12:44:00 PM  
Anonymous Anonymous said...

to: 2/18/2010 12:38:00 PM

What do you mean god damn those that didn't go??? There are pleanty of us who have held Bill in our thoughts and prayers that simply could not go today for vairous legitimate reasons....people who could have gone should have, but that was uncalled for. Let's try to support eachother.

2/18/2010 05:56:00 PM  
Anonymous Anonymous said...

Hang it up!

2/18/2010 06:18:00 PM  
Anonymous Anonymous said...

I know Capt.L.P. he is a nice guy but has no spine what soever, we worked together in SOS and he was ever so shaky, is a good friend of Deputy Gulliford and his wife works for him, is a merit LT and was annointed Capt by Gulliford, he really belongs down in the building and not in a busy district, Sorry Lupe, but what it is, it is, You can't recover from this one, Zavala needs to put the friendship thing to the side and send you packing.

2/18/2010 07:50:00 PM  
Anonymous Anonymous said...

OK, I have a different take.

I would have canned Bill Cozzi but not prosecuted him for anything (state or federal). The loss of employment should have been sufficient. What happened here was asshat backstabbing overkill.

2/18/2010 08:12:00 PM  
Anonymous Anonymous said...

W. Butler said...
The only reason Cozzi is locked up right now is because he was a cop. Ghetto rats routinely get away with shit much more heinous.

2/17/2010 01:45:00 PM

I like to think that I hold myself to a higher standard than that of a ghetto rat.

2/18/2010 08:26:00 PM  
Anonymous Anonymous said...

Can you explain how it has no bearing that Jody used his influence with Patrick Fitzgerald to have the case prosecuted, especially when you say that it is a legitimate to argue that there was an end run around the CPD's established disciplinary system?
Thanks

**************************

I mean there is no caselaw to support this. There isn't any established caselaw that states that mere referral witout content is use or derivative use of a compelled statement....

If Cozzi wins the appeal, this will have heavy implications on case law, and may ultimately be decided by the Supreme Court.

2/18/2010 08:42:00 PM  
Anonymous Anonymous said...

Cozzi pled guilty, and was sentenced to the minimum required under federal law. I hope he gets out because this was overkill beyond belief. My question is; What is the appeal if he pled guilty and his lawyer worked out the absolute minimum sentence possible? Anyone know?

2/19/2010 02:49:00 PM  

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