Opening statements were presented Monday in the trial of a Wonder Lake man who was convicted in 2002 of murdering his wife and is now charged with battery.
Charles Gozzola, 49, is charged with aggravated battery, a Class 3 felony, and domestic battery, a Class A misdemeanor, according to indictments in the McHenry County court.
Gozzola, who is in custody, chose to have his case heard by Judge Mark Gerhardt rather than a jury.
The charges stem from an incident on Jan. 31, when witnesses reported seeing Gozzola, in the parking lot of Planet Fitness in Crystal Lake, “forcibly pulling” a woman by her wrists, chest bumping and shoving her to get her into his white truck, Assistant State’s Attorney Ashur Youash said. Gozzola also is accused of throwing a water bottle at the woman. Police were called from the fitness center, but Gozzola and the woman were gone before they arrived. Later that day, police went to Gozzola’s home. When there was no answer at the door police forced their way in and arrested Gozzola.
After a detention hearing the next day, Gozzola was released pending his trial and went back to the home where the woman was. Police were called again that night by a neighbor reporting they heard loud arguing, authorities said. He was not arrested that night. At another hearing before a different judge he was remanded to the county jail pretrial where he has remained.
Gozzola’s attorney, Clay Mitchell, said the court would hear “wildly varying accounts” by the state’s witnesses and raised doubt as to their reports. He said the alleged victim has said Gozzola was not hurting her and they were not fighting. They were just hurrying to get to Gozzola’s mother who was in the hospital.
The state “is going to throw everything at the wall and see what sticks,” Mitchell said in opening arguments.
The woman took the stand as the state’s first witness and denied he was hurting or shoving her or that they were arguing that day. The woman said she does not feel controlled by him, nor does he abuse her. She also said they often “bark” at each other when working out, but they were not fighting. He yells at her sometimes to motivate her when working out at the gym, she said. She also said he calls her names sometimes but she calls him names too.
The woman said she had no reason to think the police were coming to the gym or Gozzola’s home that day.
Alaina Frederick, of Fox River Grove, testified that while working out inside the facility she witnessed Gozzola being aggressive, threatening and intimidating the woman. The woman seemed timid and afraid and did not respond. Frederick said she heard him say to her, “ ‘Don’t try this again or, I swear to God, see what happens.’ ”
Another witness, Randi Scheppman, of Oakwood Hills, testified that as she drove to the fitness center looking for parking she saw Gozzola pushing, yanking, shoving, “manhandling” the woman. She heard him scream “so loud it was terrifying.” He screamed “Get the [expletive] back in the truck” and repeatedly called her an expletive, Scheppman said.
Scheppman said she feared for the woman and yelled at Gozzola to leave her alone. “Keep your hands off of her,” Scheppman said she screamed at Gozzola.
“I was terrified and I wanted to stop something bad from happening,” she said.
Gozzola allegedly responded to Scheppman by walking toward Scheppman’s car, saying, “ ‘Shut the [expletive] up, [expletive]. It’s none of your [expletive] business.” He also allegedly told her she was next, Scheppman said.
Scheppman said called her daughter then called 911. The recording of the call was played in court Monday.
Mitchell cross examined both witnesses seemingly trying to challenge what they said they saw and heard.
In 2002, Gozzola was convicted in Cook County of second-degree murder of his wife Beth Gozzola and sentenced to 30 years in prison after her shooting death in their Northbrook-area home in 2000, court records from that case show. He was released early, according to Cook County records. Prosecutors also said he was charged but found not guilty of domestic battery of a woman after his release from prison.
The trial is to resume Tuesday afternoon.
A previous version of this story incorrectly stated the outcome of a prior domestic battery case against Gozzola since his release from prison. He was acquitted in that case, according to McHenry County prosecutors.