GREELEY, Colo.—It drew quick comparison to the assault by Tonya Harding’s hit man on Nancy Kerrigan. So with jury selection underway Monday in the trial of a former Northern Colorado backup punter accused of stabbing a rival, defense attorney Joseph Gavaldon said he’s worried over the amount of publicity the case has generated.
Mitch Cozad, of Wheatland, Wyo., is on trial on attempted first-degree murder and second-degree assault in an attack on rival Rafael Mendoza, who was stabbed in his kicking leg.
“I’m concerned. Everybody’s read about it, most of the people have,” Gavaldon said as he left the courtroom Monday evening after a day of questioning jurors. “At least 70 percent have formed opinions.”
Police have said they believe Cozad stabbed Mendoza in an attempt to get the starting job. Weld County District Attorney Kenneth Buck wouldn’t comment on the subject of pretrial publicity.
If convicted of attempted murder, Cozad could face up to 48 years in prison. The trial could take up to two weeks. A jury could be seated by late Tuesday afternoon with opening statements either that day or Wednesday morning.
Weld County District Judge Marcelo Kopcow said at least 250 people were in the pool of prospective jurors and all filled out questionnaires for both sides to review. There was so much to be photocopied that court copiers overheated, causing a slight delay.
Cozad sat at the defense table, studying the answers to the questionnaires with Gavaldon and attorney Shannon Lyons.
The judge and attorneys for both sides then began questioning some of the jurors one-by-one in private in the judge’s chambers. The last juror didn’t leave until 7:30 p.m. (MDT).
“We’re excluding the people who have problem issues, some who have very strong feelings about the case,” Lyons said.
By early evening, close to 50 people had been questioned.
Earlier Monday, Chief Deputy District Attorney Michele Meyer made a request to omit a portion of a taped interview between an Evans police investigator and Cozad on the subject of a polygraph test.
The two sides discussed the issue with Kopcow at the bench and he ruled the portion wouldn’t be stricken.
Asked why she wanted the statement redacted, Meyer said, “I can’t really comment.”
Neither would Gavaldon.
“All he (Kopcow) said is that whatever is in the statement is not going to be redacted,” Gavaldon said. “You’re going to have to wait to hear what that statement is.”
Cozad is accused of ambushing Mendoza on Sept. 11 in a dimly lit parking lot outside Mendoza’s apartment in Evans, a small town next to Greeley. Mendoza suffered a 3- to 5-inch-deep wound in his kicking leg.
He told detectives that his attacker tried twice to stab him in the chest, Evans police investigator George Roosevelt testified at a hearing in January.
Mendoza returned to the team two weeks after the stabbing and averaged 39.9 yards on 56 punts, despite not being able to fully extend his leg.
His mother, Florence Mendoza, said last week he is undergoing rehab this summer and is looking forward to the new season.
“Football is going to be good for him,” said Florence Mendoza, who has attended all the hearings, including Monday. “I’m hoping for better things in his mind than what happened.”
Cozad’s aunt, Jill Moody of San Antonio, traveled to Greeley for the opening of his trial.
“I just want you to know he’s a wonderful young man,” she said.
Buck and Gavaldon have said the chances of a plea agreement were small.
“We’re going to trial,” Gavaldon said last week. “That’s the bottom line.”
