Yes you read that headline correctly. It happened in the Syracuse Onondaga County Courthouse on September 1, 2016. The proceeding was focused on a sworn document filed by a city marshal stating that a family court petition was duly served upon Leon Koziol. Under normal circumstances its receipt in the mail would have been accepted but the perjuries in these courts have become so rampant that an example had to be made.
Leon challenged an event that never occurred because he was its victim. Time and again, perjury by his adversaries has been overlooked due to his crusade against court corruption, i.e. his ex-spouse Kelly Hawse-Koziol stating under oath that she successfully e-mailed residential change of Leon’s children under “gmai.com”. In the case of Walter Scott, an unarmed father was shot dead in the back by a traffic cop for fleeing a support warrant.
Leon presented his side of the case at a traverse hearing (challenge to jurisdiction). One witness was Alan Allen, a former Chicago area police officer and retired military. He operates a successful Karaoke business, Sound Investment, and he had been conversing with Leon at the time of alleged service at a popular venue known as The Killabrew. No service of papers was observed. There was also a security camera and other evidence but by the time the service affidavit was filed and provided, they were no longer available.
After Leon rested his case, Syracuse divorce lawyer Jeffrey DeRoberts put his only witness on the stand, a city marshal, who stated he had made service contrary to other witnesses. The lawyer then put his filed affidavit into evidence. On cross examination, that affidavit was obtained from the judge and put again before the witness. Leon asked him to read a sworn statement on his service which he admitted was never made. Then the marshal was asked if he lied under oath, and he admitted that he had, a rare event in any courtroom.
But the story gets worse. Leon and Mr. Allen had to make a 120 mile round trip and the better part of a day from their income demands to attend a hearing which should never have occurred. Kelly Hawse-Koziol, who hired this city marshal and lawyer, never even appeared for her own petition and hearing. Had Leon done this, a warrant would have issued and his counter-petitions dismissed. When the one-sided treatment was raised, the hearing officer, Karen Brandt, stated that Leon could have subpoenaed the petitioner.
That explanation conflicted with the record. A teleconference was denied at an earlier appearance on July 12, 2016. Ms. Brandt emphasized that personal observation of witness demeanor enables her to test credibility, something Leon conceded as a trial attorney for over 23 years. But there were no witness notice requirements here and the ex-spouse, a routine liar in court, would have had conversations with the marshal she hired. That made her a material witness. She could be called to the stand as a party in the courtroom.
But maybe a better explanation existed in the fact that Attorney DeRoberts made a 120 mile round trip to the wrong court. Oneida County Family Court is where both parents reside and the case is venued but all judges there have been disqualified. More disturbing, if not embarrassing, this attorney’s office was located across the street from the correct courthouse. Leon and Mr. Allen had to wait an extra one hour for DeRoberts to return home.
We do not know yet whether Kelly Hawse-Koziol also went to the wrong court, but you have to believe she would be outraged if her lawyer was to blame. Ms. Brandt accepted the blame, she has judicial immunity, and that may excuse the lawyer from ethics or malpractice liability, but any such record is not in Leon’s possession. We only know that the case itself was poorly presented (i.e. the marshal was not asked key questions regarding description, noise and crowd interference to minimize Leon’s evidence while bolstering his own).
The bottom line: instead of money going to Leon’s children, it is going to process servers and lawyers, at least five already representing Hawse-Koziol. The never-served petition has boldface print on its face page which warns of arrest, contempt and confinement for any non-appearance. Thank goodness Leon did not get shot dead in the back, although Hawse-Koziol, DeRoberts and the city marshal may feel otherwise. Unlike the pleasantries of the first appearance, DeRoberts was visibly angry en route to his office across the street.
If you would like Leon to write and publish a book or documentary video of your own court ordeal, contact him at (315) 796-4000. Kindly share this post and donate to our cause here at Parenting Rights Institute and Leon Koziol.com.