Prosecutor Bill Kostrzewski STRIKES BACK!

So where were we?  I believe we left off at the point in the deposition of the states star witness from the Barrera mortgage fraud case just before prosecutor Bill Kostrzewski's case went...

As we discovered over the last few days, the entire basis of Mr. Kostrzewski's case went to shit because his key witness who claimed she had never seen the cashiers check which was used as a down payment for the purchase of the Oak Avenue home that's at the center of the fraud suddenly remembered that indeed she had received the check as evidenced by her handwriting on the face of said check.  This admission by the states star witness completely negates her previous testimony where she stated that she had never seen the check in question and that if she did, she would have gone ahead and called off the closing since the remitter on the check was not the person who was buying the home.


So what's this "veteran economic crimes prosecutor" to do at this point?  His whole case has just gone down the shitter, his only hope is to grab the reins and try to straighten things out by cross examining his star witness.  The transcript speaks for itself...

Good move Mr. Kostrzewski, remind the witness why they're here, make the witness comfortable.  The whole check thing was a major fuck up, you know the witness admitting that indeed they did receive the check that they previously denied ever seeing is a a fatal blow to your case so let's change the subject.  Now let's watch as prosecutor Kostrzewski brings up the HUD-1 statement that he's been alleging was signed by attorney Delaila Estefano which according to him has incorrect and fraudulent information on it, that should get things moving in the right direction again, right?

WHOA!  WHAT THE FCUK MR. KOSTRZEWSKI?  You've been alleging for nearly two years that the attorney, Delaila Estefano had created and signed a bogus HUD-1 and now it turns out that she didn't and it was your star witness that did?  HOLY CRAP!  At this point, I don't think he's even fully grasped what the witness just admitted to, what now Mr. Kostrzewski?  How the hell are you going to right this ship?

Great idea, take a deep breath, regroup and start over.  Things aren't exactly going your way now are they Mr. Kostrzewski?  Let's watch as the "veteran economic crimes prosecutor" tries to regain control of the situation...

For fucks sake, here we go again.  True to form Mr. Kostrzewski tries his best to put words in the witnesses mouth, when the witness won't say what you want, MAKE THEM SAY WHAT YOU WANT!  In fact, the witness had received this check, she states as much just a few moments before...

Ok, let's watch as "veteran economic crimes prosecutor" Kostrzewski tries to get his witness in line, regain control of the situation and try to save whatever is left of this steaming pile of shit he calls a case...

HUH?! Go back and read that again and see if it makes any sense to you.  According to prosecutor Kostrzewski, the check in question was from the "buyer's end of the transaction" and his witness did not meet with the buyer, but met with Mr. John Romney who was the BUYER?  What in the FUCK?  I can only imagine the mood in the room as this nonsense comes spewing out of the "veteran economic crimes prosecutor", fortunately for Mr. Kostrzewski, the witness clarifies the situation for him...

That's right prosecutor Kostrzewski, let's give you a brief rundown of the players so you don't get confused:

• John Romney, seller of the Oak avenue home involved in the fraud.
• Bernardo Barrera (or impostor) the man who claimed his identity was stolen and used for the purchase of the home involved in this fraud.
• Michael Martinez, the man who lent Barrera (or impostor) the money for the down payment.
• Delaila Estafano, the attorney who you claimed created and executed bogus HUD-1 statements and accepted a third party cashiers check for the down payment on the home.

Got it?  It might not be a bad idea the next time you go into a deposition for you to write the names and roles of the critical players on a small crib sheet, this way you won't humiliate yourself in front of your peers.  The ultimate indignity for a defendant, to be prosecuted by someone who doesn't have the slightest idea what or who the case he's prosecuting is about.


So now what?  Prosecutor Kostrzewski based his case on allegations that the attorney he arrested created and executed bogus HUD-1 statements and that the attorney surreptitiously accepted a third party cashiers check for the purchase of the home that's at the center of the Barrera mortgage fraud case.  Now his start witness, the witness that his entire case is based around completely negates his claims and admits that not only did they sign the HUD-1 statements that he alleges were fraudulent but that this same witness also accepted and processed this cashiers check.  Add into the mix this "acknowledgment of closing instructions by closing agent" , that the prosecutor conveniently has ignored since the inception of the case which again was not signed by the attorney who he arrested...

Now what do you got?  What you have is nothing but a heap of shit of a case, you got documents that clearly exonerate the attorney whose office conducted the closing, documents that have been in the states possession from the get go yet the prosecutor decided to press charges any way.  What's most disturbing is what happens from this point forward, rather than seeing the mistakes he clearly made in building this case, rather than dismissing the charges that were clearly made in error, prosecutor Kostrzewski keeps moving forward and refuses to admit to his mistakes, no matter how severe the consequences.  These actions are what clearly defines this man, a man who at least in my opinion has no business being a lawyer, let alone a prosecutor.

Since we know you frequent our little blog Mr. Kostrzewski, I'll leave the next part to you, should I expose what you've been doing to undermine the prosecutor who replaced you in the Barrera mortgage fraud case here in public or should I go to your boss in private and share what I know?  The jig is up Mr. Kostrzewski and I haven't even gotten warmed up yet...