Judge won’t consider Wonder Lake man’s past murder conviction in battery case

A judge ruled Thursday that he will not consider a Wonder Lake man’s conviction for killing his wife in 2000 when deciding whether he’s guilty of battery in a case heard in a McHenry County courtroom this week.

Charles Gozzola, 49, is charged with aggravated battery, a Class 3 felony, and domestic battery, a misdemeanor.

Gozzola chose a bench trial, meaning Judge Mark Gerhardt, rather than a jury, will decide the verdict. Gerhardt ruled that the murder has no similarities to the current case, and that considering Gozzola’s conviction in the second-degree murder of his wife would be too prejudicial. He sustained an objection from defense attorney Clay Mitchell based on hearsay and relevance.

Mitchell also noted that the murder happened when Gozzola was in his 20s, and if allowed into this trial to “show propensity” for domestic violence, as the state sought, then it would continue to have relevance until he is 89.

The judge also sided with the defense when he ruled against prosecutors’ motion to hear nine recorded phone calls Gozzola made from the county jail to the person he’s alleged to have battered. Assistant State’s Attorney Ashur Youash said that, like the second-degree murder conviction, the phone calls would show “propensity” for a pattern of domestic violence.

Gerhardt did allow short snippets of two phone calls to be heard with the intention of showing that Gozzola coached the woman on what to say when testifying. In one phone call, he tells her to do “whatever Clay tells you to do you do.”

Gozzola is accused of yelling at and intimidating the woman in the parking lot of Planet Fitness in Crystal Lake. Five witnesses testified for the state that they saw him manhandle, scream at and swear at her, chest-bump her and throw a water bottle at her in the parking lot.

Another witness said she heard him yell, swear and aggressively drop weights while inside the facility as to intimidate her. Witnesses described Gozzola as “angry, red-faced and aggressive.”

In closing arguments Thursday, Mitchell said the witness testimony was “wildly varying” and contradicting.

“I don’t see how you can rely on any of these witnesses without reasonable doubt,” Mitchell said. “They all say something different.”

He also referred to the woman’s testimony noting they often “bark” at each other when he coaches her and she appreciates it. She also said she is not afraid of Gozzola, he did not hurt her that day, and he does not threaten or abuse her.

Mitchell also pointed to a witness who testified for the defense who said that she saw the woman hit Gozzola and did not see him be physical with her at all. However, the witness also said she heard him yelling and screaming and was so concerned for her safety that she moved her car to get a better view of the couple.

A witness called 911 from outside the Planet Fitness, which led to police going to Gozzola’s house and, when he did not answer his door, they forced their way in.

Gozzola, who has been held in the county jail since Feb. 6, chose not to testify.

In closing arguments, Assistant State’s Attorney Margaret O’Brien said that witness testimony was not inconsistent or contradicting – rather, they each testified to what they saw from their different angles. Referring to the alleged victim’s testimony as “doting,” O’Brien said physical trainers do not “tell their clients to shut the [expletive] up.” She also said the witnesses have no reason to lie about what they saw.

“What reason do [the] witnesses have to make this up?” O’Brien said. “They stood up for a victim of domestic violence when she wouldn’t or couldn’t.”

Because of his past conviction, if Gozzola is found guilty of the Class 3 felony, he could be eligible for an extended-term sentencing of five to 10 years in prison.

In 2002, he was convicted of second-degree murder in the 2000 shooting death of his wife, Beth Gozzola, in their home near Northbrook. He was sentenced to 30 years in prison but released early, Cook County records show.

Gerhardt said he will announce the verdict Monday.