Tomasz Kosowski Case Updates

The murder trial of Dr. Tomasz Kosowski began with Judge Joseph Bulone addressing several procedural matters before the State presented its opening statement in the disappearance and presumed death of attorney Steven Cozzi.

Kosowski Confirms Self-Representation and Bench Trial

Before testimony began, the court again questioned Kosowski about his decision to represent himself. Judge Bulone reviewed the advantages of having trained counsel, the risks of self-representation, and the fact that Kosowski would be required to follow the same rules of evidence and procedure as an attorney.

Kosowski repeatedly confirmed that he understood those risks and nevertheless wished to proceed without appointed counsel. The judge noted Kosowski’s extensive educational background, including medical and graduate-level education, and found that he was knowingly and intelligently waiving his right to court-appointed counsel.

Kosowski also reaffirmed his decision to waive a jury and proceed with a bench trial, meaning Judge Bulone will determine whether the State has proven the charges beyond a reasonable doubt. Kosowski told the court that the decision was voluntary, that his mind was clear, and that no one had threatened or pressured him into waiving a jury.

Other Pretrial Matters

The court addressed several additional issues before opening statements. The Florida Attorney General’s Office sought a protective order concerning anticipated testimony from Judge Patricia Muscarella, who presided over the civil litigation involving Kosowski and Cozzi. The State argued that questions could address the judge’s observations but should not probe her mental processes or reasoning behind judicial rulings.

The prosecution also provided additional discovery and a proposed trial witness itinerary. Materials discussed included license-plate records, updated cell-phone analysis, records concerning Kosowski’s Toyota Tundra, evidence relating to a blue Gorilla cart, records from the underlying civil litigation and notices concerning expert witnesses. The court also preserved Kosowski’s ability to challenge previously denied suppression motions on appeal.

State: Cozzi Was Murdered and His Body Disposed of

In its opening statement, the prosecution presented a detailed circumstantial case alleging that Kosowski planned Steven Cozzi’s murder over a period of months. According to the State, the conflict began with civil litigation filed by Kosowski in 2019. Cozzi eventually became one of the attorneys representing defendants Kosowski had sued. Prosecutors contend the litigation became increasingly contentious after Kosowski began representing himself and that he developed a particular hostility toward Cozzi, repeatedly seeking to have him removed from the case.

The prosecution alleges that Kosowski then began preparing for the murder. Among the evidence the State says it will present:

⚪Kosowski purchased an unregistered gray Toyota Tundra in December 2022.
⚪He allegedly visited Cozzi’s home and photographed a vehicle there.
⚪He allegedly filmed the Blanchard Law Firm parking lot and its entrances and exits.
⚪Cell-phone and Wi-Fi evidence allegedly places him repeatedly at or near the law firm without an apparent legal reason to be there.
⚪A maintenance worker allegedly encountered Kosowski hiding inside a dark utility closet at the office complex approximately one week before Cozzi disappeared.
⚪Investigators allegedly recovered Kosowski’s fingerprint from inside that utility closet.
⚪The State says Kosowski purchased several Gorilla carts and alleges a blue cart was staged at the office complex before the killing.
⚪Prosecutors say his phone contained searches concerning the paralytic drug succinylcholine shortly before Cozzi disappeared.

March 21, 2023

The State then walked the court through its reconstruction of the morning Cozzi disappeared.

⚪Prosecutors say Kosowski left home in the unregistered Toyota Tundra, emailed Cozzi and another attorney shortly after 8:00 a.m., and then powered off his phone.
⚪Surveillance allegedly captured the gray truck arriving at the law office at approximately 8:32 a.m. and a man carrying a rectangular box into the building shortly afterward.
⚪Cozzi arrived at approximately 8:37 a.m. and was preparing for a 10:30 a.m. hearing involving Kosowski’s civil case.
⚪At approximately 9:50 a.m., electronic door records allegedly show Cozzi leaving his office in the direction of the restroom. According to prosecutors, he was never seen alive again.
⚪At approximately 10:22 a.m., surveillance allegedly captured a man pushing a heavily loaded wagon toward the gray Toyota Tundra. Just minutes later, Kosowski called into the scheduled civil hearing while Cozzi failed to appear. Prosecutors contend Kosowski participated in that hearing from the area of the law office and continued discussing sanctions and efforts to remove Cozzi from the civil case.
⚪The truck left the property at approximately 11:16 a.m.

Blood Evidence and the Search for Cozzi

When Cozzi’s coworkers realized he was missing, they found his phone, wallet, keys and other belongings still inside his office. His vehicle remained outside.

Inside the men’s restroom, however, witnesses allegedly encountered a strong odor of cleaning chemicals and visible blood. Subsequent forensic testing, according to the State, identified Cozzi’s blood in several locations. Prosecutors also say some samples contained mixtures of DNA associated with both Cozzi and Kosowski.

Investigators eventually traced the gray Toyota Tundra to Kosowski’s Tarpon Springs residence. Prosecutors say blood later identified as Cozzi’s was found on the truck’s tailgate and on the garage floor. Investigators also discovered multiple license plates and what the State described as a license-plate flipping device on the Tundra.

When Kosowski was stopped on March 25, investigators searched his red Toyota Corolla. The prosecution says they discovered approximately $282,000 in cash, two passports, multiple vests, large garbage bags, a ballistic vest containing Cozzi’s blood, multiple phones and a duffel bag containing items including a syringe, needle and vial of succinylcholine allegedly originating from Kosowski’s medical practice.

The State’s Theory of What Happened to Cozzi

Cozzi’s body has never been recovered. The prosecution alleges Kosowski transported Cozzi’s body south and disposed of it in a dumpster along Loop Road before continuing toward Miami. Investigators later determined that the dumpster had already been emptied into a garbage truck.

A human-remains detection dog later alerted to the dumpster, according to the State. The garbage-truck driver is also expected to testify about an unusually powerful odor from the load collected that day. Surveillance from the truck allegedly shows large black garbage bags falling from the dumpster into the truck.

Investigators ultimately searched an area of the Collier County landfill containing thousands of tons of heavily compacted waste but did not recover Cozzi’s remains.

A Murder Case Without a Body

The prosecution acknowledged the central feature of this case: Steven Cozzi’s body has never been found. The State intends to establish his death through circumstantial, forensic, digital and financial evidence, including testimony from Cozzi’s family and friends, financial records showing no activity since his disappearance, and expert testimony from the chief medical examiner.

Prosecutors told Judge Bulone that they intend to prove three essential points: that Steven Cozzi is dead, that his death resulted from a criminal act committed by Tomasz Kosowski, and that the killing was premeditated.

Kosowski did not give an opening statement before the court recessed and prepared to begin taking evidence.