Earlier this week, mostly forensic information came from the prosecution, namely pathologist George Krzymowski. The doctor confirmed that Mozader died from “asphyxia from aspiration of blood”, meaning he drowned on his own blood.
The defense for Jason David Sadowski is now making its case to the jury as the defendant and his attorney Mark Dobias take their turn in the legal proceedings.
After the prosecution rested their case on Wednesday, November 2, Dobias presented his opening statement to the jury, saying that Sadowski was acting in self-defense.
“This trial is Michigan’s version of ‘Making a Murderer’,” Dobias said, referencing the Netflix documentary series. “The prosecution wants you to believe that (Sadowski) killed an old man who was handicapped. That could not be further from the truth.”
The defense’s self-defense case is based on whether or not Timothy Mozader started a fight with Sadowski, while using a cane as a weapon. Dobias argued that because Sadowski and Mozader both lived in the house, Sadowski had an inherent right to defend himself and not back down.
Dobias is also claiming that Mozader’s reasoning for starting the fight was based on a personal vendetta by Nichole Howard. Howard was the next door neighbor of Mozader and admitted during cross examination that she did not like Sadowski.
“(Mozader) was agitated by a three-week campaign that would be considered gaslighting, rumor mongering and outright lying,” Dobias said.
In testimony so far, the defense’s attempt to establish the latter claim has been controversial and problematic. Numerous objections from the prosecution has limited the scope of testimony from numerous witnesses that may question the reputation of Howard, with some lines of questioning being stopped due to irrelevancy, hearsay or evidentiary problems.
As Dobias moved to call Howard back up to the stand as a witness, Sadowski stood up and requested to represent himself. The jury was excused.
“At this point I renew my previous objections and motions to represent myself. I have a right to do that. I am not being represented adequately. These are basic defense within scope of evidence. I know you have narrowed the scope, but any statement of bias is hellbent against the defense. We have an absolute right to present any evidence that is consistent with the theory of defense,” Sadowski said.
Ultimately, the motion was denied after a brief recess due to untimely request. Judge Brian Rahilly cited numerous case law that said motions needed to come at a timely manner.
The defense has also brought forward witnesses describing the Michigan State Police’s involvement in evidentiary chains.
Sadowski and Dobias lodged the defense after Alger County Prosecutor Rob Steinhoff rested his case. Earlier this week, mostly forensic information came from the prosecution, namely pathologist George Krzymowski. The doctor confirmed that Mozader died from “asphyxia from aspiration of blood”, meaning he drowned on his own blood. Testimony said this was due to multiple oral lacerations and facial fractures while also finding bubbles in the blood that indicated drowning.
It was also debated on what substances were found in Mozader’s system during the autopsy. Numerous witnesses from both the prosecution and defense have testified about Mozader’s ability to move around with or without a cane, crutches or a walker.
Other tech specialists for the prosecution talked about information found from text messages from Sadowski and Mozader, how the body was transported for the autopsy and what information could be determined from blood patterns found throughout the house.
At 3:30 p.m. on Thursday, Nov. 3, the court was preparing to place Sadowski on the stand. His testimony is expected to last through until Friday.
The trial was originally scheduled for ten days, or the business days of two weeks. It is unknown at this time whether or not the trial will need to be extended until next week for further evidence and testimony or if the jury will deliberate over the weekend.