Alexander Kozak asks for new trial, claiming prosecutorial misconduct, trial errors

Alexander Kozak, convicted last month for killing 20-year-old Andrea Farrington last June inside the Coral Ridge Mall, is asking the court for a new trial, claiming the culmination of the prosecutors' actions violated his right to fair trial.

Alfredo Parrish, Kozak's lawyer, in the motion filed last week in Johnson County District Court said prosecutorial misconduct occurred several times during the nearly two week trial when one prosecutor attempted to have a witness give an opinion on Kozak having intent, which he wasn't qualified or allowed to do, based a previous ruling. This 'improper” question also left the jury to speculate why no expert was called to address intent.

The motion cites another prosecutor in closing arguments referenced Kozak's failure to testify, which violates his constitutional right, Parrish said in the motion.

Parrish said he also cited errors the court made, including allowing the jury to hear recorded statements made by Kozak, who said the fatal shooting of Farrington was 'deliberate and premeditated.” Parrish argues law enforcement led Kozak's responses. Those terms have 'specific legal meaning” and are facts which the jury must decide, and should have been excluded, he said.

Parrish asked several times throughout the trial for a mistrial, based on these same arguments, but 6th Judicial District Judge Christopher Bruns denied all his motions.

Kozak, 23, of North Liberty, was found guilty of first-degree murder April 25 by a Story County jury. He admitted to investigators that he shot Farrington three times in the back while she worked in the welcome center outside the Iowa Children's Museum at the mall. The trial was moved from Johnson County to Nevada due to pretrial publicity. During the trial, Kozak claimed he had mental disorders that caused his 'cold fury” when Farringtlon broke ties with him that day.