Why is assistant state attorney Bill Kostrzewski freaking out during depositions?

Good question right?  Why is Assistant State Attorney getting all hot under the collar during the depositions for the Bernardo Barrera Mortgage fraud case?  We've seen him flip his lid during not just Detective Baluja's depositions but also when codefendant Michael Martinez was depoed as well.  So what gives?  Why is the prosecutor getting all bent out of shape?  Simple, it's because he was the one running the Bernardo Barrera mortgage fraud investigation, not Detective Baluja, the cop was simply his tool.


Any doubts about who was running the investigation?  Check this bit out from the Detective's deposition...

Jorge Baluja Saying That Bill Kostrzewski Told Him What to Ask the Witness  
Now, did we just read that correctly? 

It sure sounds like Detective Baluja is telling us that ASA Kostrzewski prepared questions for him to ask a witness.  For those of you reading our blog from the State Attorneys Office, is that kosher?  Somehow the prosecutor preparing questions for the detective to ask a witness sure seems like it's outside the prosecutors role as an advocate doesn't it?


Is anyone surprised that ASA Kostrzewski is basically running the investigation?  That sure does explain why he gets all worked up during those depos.  See, when the attorneys discover holes in the case during those depos and trip up the people getting questioned, it's indirectly prosecutor Kostrzewski that's getting tripped up.  The problems being uncovered are flaws in the case that he created, a case where he was the investigator and an administrator, clearly stepping outside his role as an advocate.  For the attorneys among you, do you see the problem Mr. Kostrzewski has created for himself?

A few months back we illustrated how a Detective who could barely string together a single sentence suddenly found an eloquent voice when writing the arrest affidavit for the Barrera mortgage fraud case.  We eluded to the fact that someone else was writing the affidavits for Detective Baluja, well now we have proof from Detective Baluja himself...

Jorge Baluja Saying That Bill Kostrzewski Prepared the Witness Affidavit

Now that certainly can't be kosher now could it?  The affidavit in question isn't an arrest affidavit, it's something far more sensitive folks, it's actually an affidavit from a witness that is the cornerstone of Mr. Kostrzewski's case.  You have to ask yourselves though, why in the fcuk is the prosecutor typing up a witness statement that was included as part of the arrest affidavit?  You better hope that statement that Mr. Kostrzewski created and subsequently based his entire case on is 100% accurate and jives with what the witness actually said.  If it doesn't then one can only imagine the consequences for Mr. Kostrzewski.  Tisk, tisk Bill.


Don't stress though folks, it's all good, just throw your two year old a pack of cigarettes and have a great weekend!