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$10 million bail in Coral Ridge Mall shooting 10 times higher than typical

Jun. 29, 2015 9:52 pm
A North Liberty man accused of shooting and killing a woman inside the Coral Ridge Mall this month faces what legal experts say could be the highest bail ever ordered in this district — $10 million in cash.
Such Class A felony cases in the 6th Judicial District and across the state typically carry a $1 million bail or less, legal authorities say. They argue the high bail could make it difficult to find an impartial jury.
Alfredo Parrish, a Des Moines lawyer who has defended other homicide defendants but is not involved in this case, called the bail 'excessive' and said potential jurors will 'believe there is a presumption of guilt.'
'They may think, well someone other than a prosecutor believes he's guilty,' Parrish said. Alexander M. Kozak, 22, is accused of shooting Andrea Farrington, 20 of Cedar Rapids, June 12 in front of witnesses inside the Coralville mall.
According to trial information filed last week, Kozak shot Farrington in the back three times at close range. Officials said Kozak, who was a mall security guard, targeted Farrington, who worked at the Iowa Children's Museum in the mall, but have not given a motive.
He left work that afternoon and went to his North Liberty apartment to get a handgun, investigators said. He returned to the mall and shot Farrington, who was staffing an information desk, authorities said. Kozak fled but was captured as he drove in Scott County.
Linn County Attorney Janet Lyness said Monday that although she didn't attend a June 13 hearing where Kozak's bail was set, she did contact a magistrate to recommend the $10 million cash bail.
She asked for the high amount, she said, because the crime involved using a firearm in a mall, putting others in 'extreme danger.'
Sixth Judicial District Magistrate Chad Thomas set Kozak's bail that day. Thomas didn't return a phone message.
Sixth Judicial District Chief Judge Patrick Grady said he couldn't comment on a pending case, but said Kozak could ask for a bail review hearing.
Johnson County Public Defender Peter Persaud said that even if bail was set at the 'traditional' $1 million level, his client couldn't post it.
Persaud pointed to the financial affidavit Kozak filled out in asking for a public defender.
The affidavit shows Kozak earned $11.85 an hour as mall security guard, and his wife earned less. He said they had $600 in the bank.
'So why make the bond 10 times higher, when the higher bond is not necessary to ensure that he remains incarcerated pending trial?' Persaud asked.
'The U.S. Constitution and the Iowa Constitution guarantee that everyone is presumed innocent unless and until the prosecution proves their guilt beyond a reasonable doubt,' Persaud said. 'In this case, it doesn't seem like there is any purpose of a $10 million cash bond other than to prejudge my client before he even steps into a courtroom.'
In most recent cases where a defendant has been charged with first-degree murder, the bail has been set at $1 million cash and sometimes less in other districts across the state, according to Iowa Courts online.
Even in the high-profile case of Mark Becker, convicted of first-degree murder in the fatal shooting of beloved Parkersburg/Applington high school football coach Ed Thomas in 2010, bail was set at $1 million cash.
Persaud said he still is deciding whether to ask for a bail review. Kozak's arraignment is set for Thursday.
Bail for other first-degree murder cases 2005
Roger Bentley, first-degree murder and first-degree kidnapping of 9-year-old Jetseta Gage, Johnson County, $2 million
2011
Denise Frei, convicted of killing Curtis Bailey, Iowa County, $1 million
2011
Tonch Weldon, convicted of killing Amy Gephart, Iowa County, $1 million
2014
Seth Techel, convicted of killing his pregnant wife, Scott County, $750,000
2012
Edward Cusic, charged with killing his mother, Linn County, $1 million cash only
2014,
Tajh Ross, convicted of killing Latasha Roundtree, Linn County, $1 million
2014
Ginger Jefferson, convicted of killing her daughter-in-law, Tama County, $1 million cash only
2014
Dustin Jefferson, charged with aiding and abetting killing his wife, Tama County, $1 million
2014
Stephanie Moses, charged with killing boyfriend, Polk County, $500,000
2015
Theresa Supino, acquitted of two murder charges, Black Hawk County, $400,000
2014
Shaun Hogan, charged with killing girlfriend, Linn County, $1 million
2014
Shawn Crowley, charged with killing wife, Linn County, $1 million
2015
Nicholas Luerkens, charged with killing ex-girlfriend Lynnsey Donald, Linn County, $1 million cash only
Sources: Iowa Courts Online, Gazette archives
Andrea Farrington. (Photo provided by family)
Alexander Kozak of North Liberty is escorted into the courtroom for his initial appearance at the Johnson County Jail in Iowa City on Saturday, June 13, 2015. Kozak is accused of shooting and killing a woman in Coral Ridge mall Friday night, he is charged with 1st degree murder. (Adam Wesley/The Gazette)