Sept. 16, 2026
He Didn't Ask a Single Question on Day One of His Own Capital Trial, and the Question a Hawaii Judge Refused to Ask His Jury
Tomasz Kosowski, representing himself in a capital murder trial in Pinellas County, Florida, gave no opening statement and cross-examined none of the state's witnesses on the first day. Assistant State Attorney Alexandra Spadaro told Judge Joseph Bulone that attorney Steven Cozzi, 41, was killed in his firm's bathroom and moved out by wagon — that "his coffin was a dumpster" and his remains lie in the Collier County landfill, where a three-day search found nothing. Kosowski has pleaded not guilty and is presumed innocent; he has dismissed four sets of attorneys, waived a jury for both phases, and withdrawn his prior counsel's suppression motions and death-penalty challenges. Also: in Honolulu, Judge Paul Wong recalled the jurors who convicted Dr. Gerhardt Konig of attempted manslaughter, but limited questioning to whether any had outside contact during deliberations — declining to ask whether the panel was ever unanimous on intent to kill, despite a sworn affidavit from the foreperson saying it was not. Nine jurors answered no; three more are questioned September 18. And disqualification motions are pending in Idaho, where Bryan Kohberger seeks to withdraw his guilty plea, and in Florida, where Rashaun Jones has filed a fourth.
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WEBVTT
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Calaroga Shark Media. Good morning. This is Daily Crime and
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Justice from Calaroga Media, powered by AI. I'm Garrett Fisher.
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It's Wednesday, September 16th, 2026. Today is about one question
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asked three different ways. Who actually gets to decide? In Largo, Florida,
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a plastic surgeon is on trial for his life, representing himself.
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On day one, the state laid out its case, and
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when it was his turn to give an opening statement,
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he did not give one. When it was his turn
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to cross-examine the state's witnesses, he did not cross-examine any
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of them. In Honolulu, a judge did order an entire
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jury back into his courtroom over the objection of both
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the prosecution and the defense. And then, when they got there,
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he refused to ask them the question the defense most
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wanted answered. That refusal is the story. And it lines
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up exactly with something that happened in Plymouth, Massachusetts three
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weeks ago. And in Idaho and in Florida, two defendants
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are trying to get rid of their judges. One of
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them has already pleaded guilty to four murders. The other
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is on his fourth attempt. Let's get into it. Stephen
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Kazi was 41 years old. He was an attorney at
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a firm in Largo, Florida. He was married to a
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man named Michael Montgomery. On the morning of March 21st, 2023,
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Kazi had a telephonic court hearing scheduled. Tomasz Kosawski called
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into that hearing. Stephen Kazi did not. Minutes before, surveillance
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video had recorded a gray Toyota Tundra pulling into the
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parking lot outside Kazi's office. Later that day, co-workers went
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looking for him. They went into the communal bathroom. According
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to prosecutors, they found blood everywhere. Yesterday, three and a
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half years later, the trial began. And Assistant State Attorney
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Alexandra Spadaro gave an opening statement that I am still
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thinking about. She told Judge Joseph Ballone that Stephen Causey
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did not disappear on his own terms, that he was
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murdered in the bathroom of his law firm, that his
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body was placed in a wagon and dragged to the
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parking lot and loaded into a truck. And then she
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said this, that his coffin was a dumpster, his hearse
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was a dump truck. and his burial site, where he
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lies in tiny, unidentifiable pieces, is the Collier County landfill.
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Investigators searched that landfill for three days. They did not
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find him. The state's theory is that this began with
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a lawsuit. Kosowski filed a civil case in 2019 over
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medical billing. Cozy represented people Kosowski was suing. Kosowski represented
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himself in that case, and Spadaro told the court he
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made it contentious and he made it personal. particularly between
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himself and Stephen Kazi. She told the judge that cell
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phone data shows Kasowski's phone connecting to the law firm's
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wireless network on days when he had no reason to
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be on that property. And she said that in the
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weeks before Kazi disappeared, the firm's maintenance woman reported finding
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a man peeking through the law firm's window and then
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hiding in a dark utility closet wearing a surgical mask.
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When Kosowski was arrested days later, police say they found
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in his car a ballistic vest with Stephen Causey's blood
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on it, duct tape, a paralyzing agent, syringes with sedatives,
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brass knuckles, a taser, two passports, and roughly $ 280, 000 in cash.
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Prosecutors called it a murder bag. They also said he
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had injuries consistent with a struggle. All of that is
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the state's allegation. Tomasz Kosowski has pleaded not guilty and
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he is presumed innocent. And not one word of it
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has been proven. And here's what he did about it yesterday. Nothing.
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He gave no opening statement. Prosecutors then called their first witnesses,
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including Kozy's husband and his friends and his colleagues, several
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of whom testified about finding blood in that bathroom and
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immediately thinking of one name. Tomasz Kosowski cross-examined none of them.
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Not one question to any witness on the first day
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of a trial in which the state of Florida is
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asking for his execution. I want to be careful here
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because there is a version of this that is strategy.
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A self-represented defendant who cross-examines the grieving husband of a
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murder victim can do himself enormous damage, and in a
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bench trial there is no jury to perform for. A
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lawyer might reasonably decide to let emotional witnesses pass untouched
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and save the fight for the forensic testimony. That is
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a real tactic and I am not going to pretend
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it is not. But put it next to everything else.
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He fired four sets of attorneys. He refused to sign
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consent forms for a doctor's evaluation. He told his own
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lawyer he did not want evidence presented in his defense.
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He withdrew the motions to suppress. He withdrew every objection
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to the death penalty. He waived a jury for both phases.
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He has said he does not intend to present any
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mitigation at all if there is a penalty phase. And
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now he has sat through the first day of his
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own capital murder trial in silence. I said Monday, I'm
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not a doctor and I am not diagnosing anybody. And
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a judge who has watched this man for three years
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has found him competent. And that judge knows more than
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I do. All of that is still true. It is
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also true that the state is presenting a murder case
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to a single human being and the defendant is not
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contesting any of it. One structural note about how this
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trial is running, because it explains the pace. There is
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no jury, so there is nobody to excuse from the
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room when the lawyers argue. There was no jury selection,
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which in a capital case can take weeks on its own.
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There are no instructions to draft at the end. Objections
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get made and ruled on in front of the only
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person who matters, which is the same person ruling on them.
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And because Kosowski withdrew the suppression motions, there is no
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fight about what comes in. Essentially, everything the state has
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is going in. That is why a case that took
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three and a half years to reach trial may be
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over in a matter of days. Court resumed yesterday morning
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at 9.15. We will be on it again tomorrow. Stephen
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Kazi was 41. He went to work, he stepped away
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from his desk, and his husband has spent three and
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a half years without a body to bury. Someone has
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to say his name. When we come back, a judge
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orders a whole jury back into court, and both sides
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beg him not to. On March 24th, 2025, Gerhard Koenig
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and his wife Arielle went hiking on the Palipuka Trail
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on Oahu. It was her birthday. Their marriage was in trouble,
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and the trip was, at least partly, an attempt to
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salvage it. What happened on that ridge is disputed in
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almost every particular. Both of them testified. Each said the
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other started it. Prosecutors said he tried to push her
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off the cliff, and when that failed, tried to inject
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her with a syringe and beat her head with a rock.
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Prosecutor Joel Garner told the jury the only thing that
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stopped him was being caught red-handed when two hikers came
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upon them. Koenig, a Maui anesthesiologist, admitted hitting his wife
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in the head with a rock, but testified he was
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acting in self-defense, and that she was the one who
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attacked him. On April 8th, after more than eight hours
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of deliberation, the jury acquitted him of attempted second-degree murder.
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They convicted him instead of a lesser charge, attempted manslaughter
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based on extreme mental or emotional disturbance. He faces up
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to 20 years. He has been held without bond ever since,
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and his sentencing has been postponed while all of this
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plays out. And then, immediately after the verdict, two of
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those jurors gave interviews to the press. The foreperson, Makalapua Atkins,
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said the jury convicted on the lesser charge because they
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did not feel the evidence would support that he intended
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to murder her. In one interview, she put it this way,
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the intent to kill is improbable to us based on
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the evidence presented. A second juror, identified publicly only as
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juror number three, said the same thing. Koenig's attorney, Thomas Otake,
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took that and built a motion for a new trial
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on two separate claims. The first is about the verdict itself.
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Otake argues that under Hawaii law, even attempted manslaughter requires
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a finding that the defendant intended to kill. Extreme emotional
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disturbance mitigates the offense. It does not erase the element
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of intent. So if the jurors are saying publicly they
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never unanimously found that, the verdict rests on something the
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jury did not actually decide. Atkins went further and signed
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a sworn affidavit saying exactly that. The second claim is
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different in kind. During the trial on the Law and
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Crime livestream, an anonymous commenter claimed to be text messaging
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with a juror during deliberations. I want you to hold
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on to that for a second because I will come
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back to it. Last month, Judge Paul Wong held a
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hearing on all of it, and he made a decision
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that surprised everybody. Rather than rule, he said he had
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to hear from the jurors themselves. He cited a Hawaii
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Supreme Court decision requiring further inquiry. He said the court
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must ascertain the extent of the influence, and that the
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burden was on him. He also said he had to
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do something he really did not want to do. Both
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sides opposed it. The defense said its motion was strong
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enough without dragging jurors back. The prosecution said questioning them
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would violate the rules protecting deliberations. He ordered them back anyway,
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for September 11th. And here is what actually happened when
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they got there, which is the part almost every account
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is glossed over. Judge Wong told the courtroom he would
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ask the jurors one thing only, whether any of them
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communicated with an outsider about the deliberations or the verdict.
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Nothing else. He said the questioning was being done very
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much out of an abundance of caution given the state
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of the record. Otake asked him to put on the
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record why he would not allow the second line of questioning,
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the one about whether the panel was ever unanimous on intent.
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And Wong confirmed it. He would not ask the jurors
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about their unanimity. He would not ask them about intent.
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He cited Hawaii's evidentiary rule barring inquiry into jurors' internal
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reasoning and the state Supreme Court's decision in Rickapore Hall
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against Philip Morris. Otake noted his objection and pointed out
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that even the prosecution had conceded parts of the foreperson's
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affidavit were not barred by that rule. Deputy Prosecuting Attorney
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Joel Garner's position was simpler. He said they did not
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want to turn it into a fishing expedition. Nine jurors
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were present. Three could not attend, one of them not
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even on the island, and they will be questioned separately
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on September 18th. All nine answered no. Now, I want
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to connect this to something because it is the reason
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this segment is on the show. Three weeks ago in Plymouth, Massachusetts,
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Judge William Sullivan was handed a note from a jury
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foreperson saying one juror would not follow the law on
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reasonable doubt. A defense attorney demanded that juror be removed,
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accused him of lying under oath and asked the court
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to question him directly. Sullivan refused. He said the note
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did not show a juror refusing to follow the law.
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and that it was not proper for him to side
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with one side or the other in deliberations. Two judges,
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two states, two completely different cases, the same month. And
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both of them drew the identical line. Outside contact is investigable.
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If someone reached into that room, a court can and
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must find out. That is the recognized exception, and it
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exists in some form in every jurisdiction in this country.
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What happened inside the room is not. The reasoning, the arguments,
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the votes, whether anybody misunderstood an instruction, who convinced whom,
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what the foreperson thinks now that she has had four
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months to reconsider. All of that is off limits. That
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is called the no impeachment rule. And it is one
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of the least understood and most important things in American law.
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Here is why it exists. Without it, every losing party
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in every case would go find one juror willing to say,
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in hindsight, that they were confused. Verdicts would never be final.
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Jurors would be hounded by investigators for years afterward. And
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people would stop being candid in that room because everything
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they said could end up in an affidavit. So the
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rule says, we take the verdict, not the reasoning behind it.
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The verdict. It is a genuinely hard rule to love
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in a case like this one, where the foreperson has
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signed a sworn statement saying the panel never found what
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the verdict required. If she is right, then a man
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may be convicted of an offense whose elements were never established.
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And the law's answer is that the courts are not
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allowed to look. That is uncomfortable. I am not going
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to pretend otherwise. But watch what happened this month. Two
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judges in two states under enormous public pressure in cases
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with cameras in the courtroom and national audiences both had
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every incentive to open that door. Sullivan had a defense
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attorney shouting at him to do it. Wong had a
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sworn affidavit from a foreperson in his hand. Neither one
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opened it. That is the rule holding. And a rule
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that holds when it is inconvenient is the only kind
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worth having. Now back to that live stream comment. The
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allegation that sent 12 jurors back into a courtroom in September,
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four months after they went home, came from an anonymous
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person typing into the comment section of a live trial broadcast.
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Run by Law & Crime, which is the company that
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owns Court TV. So the network broadcasting the trial hosted
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the comment that produced the misconduct claim that may or
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may not unravel the verdict from that trial. I am
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not being snide about that. Law & Crime did not
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do anything wrong, and public access to courtrooms is a
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good thing that this show depends on entirely. But it
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is worth sitting with. We have built an apparatus where
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hundreds of thousands of strangers watch a trial in real
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time and talk to each other underneath it. And somewhere
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in that stream, one anonymous person made a claim that
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a court could not ignore. Nine jurors have now said
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