Anthony P. Capozzi

Anthony Patrick "Tony" Capozzi (born June 28, 1945) is an American trial attorney and political consultant and participant. During his legal career, he has worked as a solo practitioner, supervising Assistant United States Attorney, adjunct professor of law, and law clerk to Omer Poos of the United States District Court in Springfield, Illinois. He also served as the 79th President to the State Bar of California. He owns and practices law at the Law Offices of Anthony P. Capozzi and serves on the California Commission on Judicial Performance, a post California Governor Arnold Schwarzenegger appointed him to in 2010. Since 2005, Capozzi has been the exclusive legal and political consultant for KFSN-TV ABC 30.

Early life Capozzi was born the fourth of five boys to Lily Violanti (1912–2008) and Joseph Capozzi (1902–1987). His father, Joseph Capozzi, was an Italian immigrant who settled in Buffalo, New York. Capozzi's childhood house still stands. The family grew their own produce in the family garden and raised chickens in a pen behind the house.

Anthony Capozzi grew up playing football with his brothers in the field next to the house. Eventually, Capozzi would earn all conference honors playing as a split end in high school. He was referred to as ‘Mr. Touchdown.’ He received several scholarship offers for football but turned them down. John Capozzi (1938–2008), Joseph Capozzi (1940 - ), and Patrick Capozzi (1948 - ).

Education

Bachelor of Arts Capozzi was first in his family to attend college. He earned his Bachelor of Arts Degree in Philosophy from the State University of New York at Buffalo in 1967. He worked as a grocery store clerk and cashier during the summer to pay for tuition. He also worked, during college, at the Buffalo steel mill with his father and brothers. During college, he was elected President of the Phi Kappa Psi fraternity.

United States v. Hanoum On appeal it was argued that the case of U.S. v. Lara-Hernandez, was distinguishable from the Hanoum case since in Lara, the motion for new trial had been based upon facts known to the accused at the time of the trial. However, in Hanoum, the facts upon which the motion for new trial was based had not been known to the defendant in the seven-day period after trial. The Court of Appeals added a new aspect to the standard and held that a motion for new trial based upon “newly discovered evidence” is limited only to where the newly discovered evidence relates to the elements of the crime charged. The Hanoum case is significant in that it established a new interpretation of the law with regard to a motion for new trial based upon newly discovered evidence. The Supreme Court denied the Writ of Certiorari in this case.

United States v. Brian Setencich This jury trial involved political corruption and the signing of false tax returns. The defendant was the former Speaker of the California Assembly and a Fresno City Councilman, Brian Setencich. The trial lasted approximately two weeks with a verdict of not guilty on the political corruption counts and a hung jury on the tax charges. On re-trial of the tax charges, before Judge Oliver W. Wanger, the jury convicted Mr. Setencich on one count of tax evasion. Mr. Setencich was sentenced to six months in a halfway house.

United States v. Hagop Vartanian This jury trial was related to a point-shaving investigation regarding the Fresno State Basketball team coached by Jerry Tarkanian. Mr. Vartanian was convicted of all counts after a two-week jury trial. The sentencing involved numerous evidentiary hearings on complicated legal issues. Mr. Vartanian was sentenced to 15 months in the custody of the Bureau of Prisons.

United States v. Luke Anthony Scarmazzo This jury trial was a case of first impression where Mr. Capozzi represented Mr. Scarmazzo as the owner of a marijuana dispensary which was permissible under California law, but a violation of Federal law. The unusual aspect of this case was that Mr. Scarmazzo was charged with a Continuing Criminal Enterprise which had a mandatory minimum sentence of 20 years. Mr. Scarmazzo was found not guilty on a number of counts, but found guilty of the Continuing Criminal Enterprise and related counts. He was sentenced to 21 years. Prior to the trial of this case, the CBS news program, 60 Minutes, with Morley Safer, did a segment on this case and conducted interviews with both Mr.Scarmazzo and Mr. Capozzi.

United States v. Diana Lee Flaherty The Petition for Writ of Certiorari was filed requesting the Supreme Court of the United States to review whether state of mind evidence pursuant to Federal rule of Evidence 803(3) violates the foundational principles of our system of justice grounded in the Fifth and Sixth Amendments to the Constitution that a defendant has a right to present a defense to the charged offenses and has the right to present evidence and testimony favorable to the defense. The Petition was denied on October 14, 2008.

Affiliations

Capozzi has been affiliated with numerous community and professional organizations. He has served on the board and as president to many local, regional, and statewide organizations from 1977 to the present day.

In 1999, Capozzi was elected President of the Fresno County Bar Association. Also in 1999, he was elected President of the San Joaquin Valley Chapter of the Federal Bar Association. Capozzi first held office with the State Bar of California in 2000 when he served four years on the Bar's Board of Governors. In 2002, he was elected as Vice President and Treasurer of the Bar. In 2003, Capozzi was elected the 79th President of the State Bar. During his term, Capozzi promoted prop bono work and increased legal services for the indigent. In 2006, Capozzi became a fellow in the American Board of Criminal Lawyers (ABCL). ABCL is an exclusive national, legal, honorary society for outstanding criminal trial lawyers, with admission to fellowship by invitation only. Capozzi began a five-year term as a member of the Judicial Council of California for the Administrative Office of the Courts. The Council is the policy making body of the California courts.

Since 2009, Capozzi has served as Chair of the State Bar of California's Law School Advisory Committee on California Accredited Law Schools (ACCALS). The committee is responsible for recommending changes to the standards that govern state bar accreditation. The Commission is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity, and for disciplining judges. The Committee consists of one Court of Appeal justice, two Superior Court judges, two attorneys, and six lay citizens. Often chastised for being a lawyer, Capozzi has remained an ardent supporter of his profession. Believing in the long historical contribution of America's lawyers, Capozzi, quoted in the book The Lawyer Myth A Defense of the American Legal Profession: Despite all of the lawyer negativity, the truth is that in our hours of national crisis, our society has embraced the lawyers and has looked to lawyers for guidance and leadership. An appellate lawyer from Virginia wrote the Declaration of Independence. A trial lawyer, yes trial lawyer, from Illinois, issued the Emancipation Proclamation. A corporate lawyer from New York led us through the dark hours of the Great Depression and then a world war. And most recently, a trial lawyer, as mayor, led the people of New York through the tragic aftermath of 9/11.

Politics

Capozzi has been involved in politics since his move to California in 1973. He campaigned extensively for President Jimmy Carter and Democratic nominee Walter Mondale. He was a delegate for President Jimmy Carter at the Democratic National Convention. In 1978, Capozzi made an unsuccessful run for District Attorney in Fresno, California. In 1980, Capozzi was on the National Democratic Finance Committee. Under President Carter, Capozzi applied for appointment as United States Attorney. Although a finalist, he was eventually unsuccessful at securing the appointment.

Capozzi was a strong supporter and campaigner for Governor of California Jerry Brown during his term first two terms. Brown appointed Capozzi to the Regional Water Quality Control Board where he served from 1982 - 1985. Capozzi also supported Tom Bradley during his run for California Governor in 1982 and George Deukmejian’s re-election campaign in 1986. Capozzi served as a delegate to the 1984 Democratic National Convention in 1984. In 1984, Capozzi served on the Democratic National Committee traveling throughout the Western United States for the Mondale-Ferraro campaign.

In 1989, Capozzi made a run for mayor of Fresno, California, losing to then City Council member Karen Humphrey. Humphrey ran a campaign advertisement showing a Police officer telling voters that “we all make choices in life,” and that Capozzi had chosen to become a criminal defense lawyer. The advertisement damaged his chances of winning the election.

Personal life

In 1976, Capozzi married Paula Condon. They have two children.

Capozzi resides in Fresno, California, and owns a home in Carmel-by-the-Sea, California.