A Weld County District judge will rule Monday on whether statements former University of Northern Colorado punter Mitch Cozad made to police can be used in his trial on charges of attempted first-degree murder later this month.
Rafael Mendoza was the starting punter for the UNC football team last fall when he was allegedly stabbed by Cozad, UNC’s backup punter. Cozad and his mother, Suzanne Cozad, testified Tuesday that police coerced statements from him that implicated him in the attack on his teammate.
Evans police claim Cozad was jealous of Mendoza and stalked him prior to the attack last September. Mendoza survived the stabbing and remained the starting punter. Cozad was suspendend from the football team and has left UNC.
Cozad remains free on $500,000 bond.
When asked why he spoke to investigators without an attorney, Cozad testified Tuesday, “I had nothing to hide.”
The day after the Sept. 11 shooting, Cozad was interviewed by Evans police Detective George Roosevelt in the office of the university’s coordinator for student rights and responsibilities.
Cozad was in the office when his mother arrived from Wheatland, Wyo., because he had been suspended from the university and evicted from his dorm.
Cozad said Roosevelt gave him two options: Waive his rights and answer two questions and go home, or ask for an attorney. If the attorney didn’t arrive in five minutes, go to jail.
Cozad said he reluctantly waived his rights.
He testified that he and his mother were berated by detectives during their questioning.
Prosecutors argued Cozad didn’t ask for a lawyer, but defense attorney Joseph Gavaldon contended it was implied. Cozad testified that he said, “My mom wanted me to wait (to talk) until we have a lawyer” as he waited for her.
“I think it’s clear: He wants a lawyer, and they’re ignoring it,” Gavaldon said. “Eight times he requested a lawyer. It doesn’t have to be the magic words, ‘I want a lawyer.”‘
Judge Marcelo Kopcow said he will issue a written ruling Monday on at least eight motions to suppress Cozad’s statments to police. Cozad’s trial is scheduled for July 30.
