Anthony P. Capozzi
Encyclopedia
Anthony Patrick "Tony" Capozzi (born June 28, 1945) is a renowned 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 the Honorable Omer Poos
Omer Poos
Omer Poos was a United States federal judge.Born in Mount Olive, Illinois, Poos received an LL.B. from Saint Louis University School of Law in 1924. He was in private practice in Mount Olive from 1924 to 1939, and then in Hillsboro, Illinois until 1958.On August 16, 1958, Poos was nominated by...

 of the United States District Court in Springfield
Springfield, Illinois
Springfield is the third and current capital of the US state of Illinois and the county seat of Sangamon County with a population of 117,400 , making it the sixth most populated city in the state and the second most populated Illinois city outside of the Chicago Metropolitan Area...

, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...

. 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
KFSN-TV
KFSN-TV, UHF channel 30, is an owned-and-operated television station of the Walt Disney Company-owned American Broadcasting Company, located in Fresno, California. The station's transmitter is located in Meadow Lakes, California. Its signal covers the Central San Joaquin Valley and the mountain...

.

Early life

Capozzi was born the fourth of five boys to Lily Violanti (1912–2008) and Joseph Capozzi (1902–1987). Joseph Capozzi, born in Foggia
Foggia
Foggia is a city and comune of Apulia, Italy, capital of the province of Foggia. Foggia is the main city of a plain called Tavoliere, also known as the "granary of Italy".-History:...

, Italy, was an Italian immigrant who worked for 40 years in a Buffalo
Buffalo, New York
Buffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...

, New York steel mill; he never earned more than $5,000 per year. Joseph Capozzi was known for his strong work ethic and devotion to his family. Every day, he would walk several miles to work, even when temperatures dipped below freezing, as they often do in Buffalo. Lily Capozzi took great pride in raising her five boys and in her work as parachute seamstress for American service members during World War II.

Joseph Capozzi married Lily Violanti in 1935. Lily Violanti was born in Sayre
Sayre, Pennsylvania
Sayre is the largest borough in Bradford County, Pennsylvania, northwest of Scranton. In the past, various iron products were made there. In 1900, 5,243 people lived there; in 1910, 6,426 people lived there, and in 1940, 7,569 persons made their homes in Sayre. The population was 5,813 at the 2000...

, Pennsylvania. Shortly after marriage and settling in a suburb of Buffalo, New York, Joseph Capozzi built the family home that Anthony Capozzi would be raised. The house still stands today. The Capozzi household 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. Capozzi has four brothers: Frank Capozzi (1935–2002) , John Capozzi (1938–2008), Joseph Capozzi (1940 - ), and Patrick Capozzi (1948 - ).

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
Phi Kappa Psi
Phi Kappa Psi is an American collegiate social fraternity founded at Jefferson College in Canonsburg, Pennsylvania on February 19, 1852. There are over a hundred chapters and colonies at accredited four year colleges and universities throughout the United States. More than 112,000 men have been...

 fraternity.

Juris Doctor

Capozzi became interested in the law while growing up in Buffalo. His inspiration came from his uncle, Frank Violanti, who was a very successful United States Attorney with the Department of Justice. Frank Violanti became his legal mentor and icon. Capozzi graduated in 1970 with a Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...

 degree from the University of Toledo, College of Law
University of Toledo College of Law
The University of Toledo College of Law is the law school at the University of Toledo, and is located on the University's main campus in a residential suburb in west Toledo.-Admission:...

 in Ohio.

Doctorate of Laws

In 2010, Capozzi was awarded an Honorary Degree of Doctorate of Laws from the Southern California Institute of Law
Southern California Institute of Law
Southern California Institute of Law is a private law school with campuses in Santa Barbara and Ventura, California. The two locations are operated together with the same Dean and president, Stanislaus Pulle. The Ventura and Santa Barbara campuses were founded in 1986 when Dr. Pulle left Santa...

 for his exceptional contributions to society. Former honorees of the Institute include Court of Appeals judge and former Solicitor General Kenneth Starr
Kenneth Starr
Kenneth Winston "Ken" Starr is an American lawyer and educational administrator who has also been a federal judge. He is best known for his investigation of figures during the Clinton administration....

, California Supreme Court Justice Ming Chin
Ming Chin
Ming William Chin is an Associate Justice of the Supreme Court of California. He was appointed to the California Supreme Court by Governor Pete Wilson on January 25, 1996, and confirmed by the Commission on Judicial Appointments and sworn in on March 1, 1996...

, California State Attorney General Bill Lockyer
Bill Lockyer
William Westwood "Bill" Lockyer is an American politician. He is the current 32nd State Treasurer of California, elected in 2006 and re-elected in 2010. He has also served as California Attorney General and President Pro Tempore of the California State Senate...

, and former Governing President of the United Nations International Criminal Court Prince Zeid Al-Hussein
Prince Zeid bin Ra'ad
Prince Zeid Ra’ad Zeid Al-Hussein was born 26 January 1964 in Amman, Jordan to Prince Ra'ad bin Zeid head of the Royal Houses of Iraq and Syria and pretender to the Iraqi throne and his Swedish-born wife Margaretha Inga Elisabeth Lind, henceforward known as Majda Raad...

.

Legal career

In 1970, Capozzi clerked for Judge Omer Poos
Omer Poos
Omer Poos was a United States federal judge.Born in Mount Olive, Illinois, Poos received an LL.B. from Saint Louis University School of Law in 1924. He was in private practice in Mount Olive from 1924 to 1939, and then in Hillsboro, Illinois until 1958.On August 16, 1958, Poos was nominated by...

 of the United States District Court, Southern District of Illinois. Living in Springfield, Illinois, Capozzi became an ardent admirer of Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...

. Lincoln has remained a personal and professional icon to Capozzi; many have described Capozzi’s easy going and honest nature as a close resemblance to Lincoln. Though originally he was only hired to serve a one-year term, Judge Poos, impressed, kept Capozzi as his law clerk for three years.

In 1973, Capozzi moved to Fresno, California
Fresno, California
Fresno is a city in central California, United States, the county seat of Fresno County. As of the 2010 census, the city's population was 510,365, making it the fifth largest city in California, the largest inland city in California, and the 34th largest in the nation...

 to begin work as the Supervising Assistant United States Attorney for the Eastern District of California. During this post, which lasted until 1978, Capozzi handled all phases of the federal government's civil and criminal matters in the United States District Court for the Eastern District of California and the United States Court of Appeals for the Ninth Circuit. During his tenure as an Assistant United States Attorney, Capozzi also served as an instructor for the Department of Justice Advocacy Institute in Washington, D.C. As instructor, he was responsible for training new Assistant United States Attorneys throughout the country.

During 1974-1978, Capozzi was an adjunct professor at the San Joaquin College of Law
San Joaquin College of Law
San Joaquin College of Law is a private, non-profit law school in Clovis, California, US. It was founded in Fresno in 1969 by Fresno County Municipal Court Judge Dan Eyman, U.S. District Court Judge Oliver Wanger, and attorney John Loomis...

 in Clovis, California
Clovis, California
Clovis is a city in Fresno County, California, United States, northeast of Fresno. The population is estimated to be 97,218 as of September, 2011. Clovis is located northeast of downtown Fresno, at an elevation of 361 feet .-History:...

. He was responsible for conducting the school's criminal law clinics. In 1979, and to this day, Capozzi has owned and operated the Law Offices of Anthony P. Capozzi in Fresno, California. As a solo practitioner, Capozzi specializes in white collar criminal cases and civil litigation. Capozzi has earned a Martindale-Hubbell rating – AV. Capozzi joined the California State Bar in 1976. He is also admitted to practice law in Illinois and Ohio.

United States v. Taung Ming Lin, Wang Lin Farms, Inc.

This case was prosecuted under the Endangered Species Act. Approximately twenty-two agents of the Fish and Wildlife Service raided the farm of Taiwanese immigrant, Taung Ming Lin, and “arrested” his tractor and disc. The government then charged Mr. Lin and his corporation with three counts of violating the Endangered Species Act. The potential penalty was three years in jail and a $300,000 fine for Mr. Lin. In addition, the government sought (1) to have Mr. Lin deed over 363 acres of his 720 acres of land to the government and (2) pay the government approximately $172,000 to maintain Mr. Lin’s land as a habitat for the endangered species. The national media, including Rush Limbaugh, Tony Snow, and the agricultural community took an avid interest in this case, which was eventually dismissed.

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. 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 Morey Schafer, 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 state wide 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 began his heavy involvement with the California State Bar Association in 2000 when he served four year 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 of California
State Bar of California
The State Bar of California is California's official bar association. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, and prescribing appropriate discipline...

. During his term, Capozzi promoted prop bono work and increased legal services for the indigent. He served until 2004.

In 2005, Capozzi began a two-year term as Co-Chair of the California Bench Bar Coalition. The Coalition was formed to enhance communication and coordinate the activities of the judicial community with the state, local, and specialty bars on issues of common interest—particularly in the legislative arena. 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
Judicial Council of California
The Judicial Council of California is the rule-making arm of the California court system. It was created by an amendment to article VI of the California Constitution in 1926...

 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. In 2010, Governor of California Arnold Schwarzenegger
Arnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....

 appointed Capozzi to the Commission on Judicial Performance. The Commission is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity, and for disciplining judges. The Committee consist of one Court of Appeal justice, two Superior Court judges, two attorneys, and six lay citizens. Capozzi’s term is set to expire in 2013.

Media

Capozzi has been the exclusive legal and political consultant for KFSN-TV
KFSN-TV
KFSN-TV, UHF channel 30, is an owned-and-operated television station of the Walt Disney Company-owned American Broadcasting Company, located in Fresno, California. The station's transmitter is located in Meadow Lakes, California. Its signal covers the Central San Joaquin Valley and the mountain...

 ABC 30 since 2005. 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
Declaration of independence
A declaration of independence is an assertion of the independence of an aspiring state or states. Such places are usually declared from part or all of the territory of another nation or failed nation, or are breakaway territories from within the larger state...

. A trial lawyer, yes trial lawyer, from Illinois, issued the Emancipation Proclamation
Emancipation Proclamation
The Emancipation Proclamation is an executive order issued by United States President Abraham Lincoln on January 1, 1863, during the American Civil War using his war powers. It proclaimed the freedom of 3.1 million of the nation's 4 million slaves, and immediately freed 50,000 of them, with nearly...

. A corporate lawyer from New York led us through the dark hours of the Great Depression
Great Depression
The Great Depression was a severe worldwide economic depression in the decade preceding World War II. The timing of the Great Depression varied across nations, but in most countries it started in about 1929 and lasted until the late 1930s or early 1940s...

 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
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...

 and Democratic nominee Walter Mondale
Walter Mondale
Walter Frederick "Fritz" Mondale is an American Democratic Party politician, who served as the 42nd Vice President of the United States , under President Jimmy Carter, and as a United States Senator for Minnesota...

. He was a delegate for President Jimmy Carter at the Democratic National Convention
Democratic National Convention
The Democratic National Convention is a series of presidential nominating conventions held every four years since 1832 by the United States Democratic Party. They have been administered by the Democratic National Committee since the 1852 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
Jerry Brown
Edmund Gerald "Jerry" Brown, Jr. is an American politician. Brown served as the 34th Governor of California , and is currently serving as the 39th California Governor...

 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
Tom Bradley (politician)
Thomas J. "Tom" Bradley was the 38th Mayor of Los Angeles, California, serving in that office from 1973 to 1993. He was the first and to date only African American mayor of Los Angeles...

 during his run for California Governor in 1982 and George Deukmejian
George Deukmejian
Courken George Deukmejian, Jr. born June 6, 1928) is an Armenian American politician from California who as a Republican served as the 35th Governor of California and as California Attorney General .-Early life:...

’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. f>

In 1989, Capozzi made a run for mayor of Fresno, California, losing to then City Council member Karen Humphrey
Karen Humphrey
Karen Humphrey was a local news reporter, who later served as mayor of Fresno, California between 1989 and 1993. She was Fresno's first female mayor. She lost re-election to businessman Jim Patterson, not only losing in the primary, but only receiving 18% of the vote, and finishing third...

. Humphrey ran an a campaign advertisement showing a police offer telling voter that “we all make choices in life,” and that Capozzi had chosen to become criminal defense lawyer. The advertisement crippled his chances at winning the election.

Personal life

In 1976, Capozzi met Paula Condon (1950 - ). They met at the scene of the Chowchilla
Chowchilla
Chowchilla may refer to:* Chowchilla, a bird * Chowchilla, California, city in Madera County, California, USA** Chowchilla Airport** The kidnapping of a bus of children which took place in, and was named for, Chowchilla...

, California bus kidnapping where Paula was working as a telephone company public relations executive. In 1978, the two were married at Saint Anthony of Padua's Catholic Church in Fresno, California. Paula Capozzi owned and operated the Paula Capozzi Company, a prestigious public relations firm in Fresno, California. In 1982, Paula and Anthony Capozzi had their first child, Nicholas Anthony Capozzi. In 1987, Julia Jamison Capozzi was born. Both children were born and raised in Fresno, California.

Anthony and Paula Capozzi currently reside in Fresno, California. They also spend much of their time in Carmel
Carmel-by-the-Sea, California
Carmel-by-the-Sea, often called simply Carmel, is a small city in Monterey County, California, United States, founded in 1902 and incorporated in 1916. Situated on the Monterey Peninsula, the town is known for its natural scenery and rich artistic history...

, California where they own a home along the Carmel River State Beach
Carmel River State Beach
Carmel River State Beach is a state park unit of California, USA, featuring a protected beach with a lagoon formed by the Carmel River. The lagoon attracts a large number of migratory birds. The state beach includes Monastery Beach, which is popular with scuba divers...

.
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