DOJ Case Summary: U.S. v. Kuzlik and Fredericy

Joseph Kuzlik and David Fredericy lived in the Slavic Village neighborhood of Cleveland, Ohio. According to many of Kuzlik’s African-American neighbors on East 50th Street, Kuzlik and Fredericy were known to harbor racial animus: they frequently referred to African-Americans using the N-word and calling them “monkeys.” Additionally, Fredericy and Kuzlik made statements to the effect that they did not want black children playing in the street, or even in a vacant lot two doors down from Kuzlik.

Kuzlik and Fredericy channeled their hatred of racial minorities into a joint campaign to harass and intimidate as many of them as they could into leaving the East 50th Street neighborhood. Their malicious campaign reached its apex on February 18, 2005. Fredericy went to Kuzlik’s house, where Kuzlik showed him a rubber glove and a syringe, which Kuzlik said contained mercury. Kuzlik encouraged Fredericy to take the syringe next door to the home of the interracial couple living there with their four children, and squirt the contents of the syringe onto the front porch. Fredericy agreed to do so, as Kuzlik stood guard to make sure no one was watching.

A few days later, the adult owners of the house next door to Kuzlik were at home when their ten-year-old son entered the house with a silver ball-like substance on his hands. The child’s mother immediately suspected that the substance was mercury and called the local fire department. The fire department responded to the scene with a “Hazmat” Unit, which in turn notified environmental officials, including the federal Environmental Protection Agency ("EPA"). The EPA eventually determined that most of the carpet in the house, as well as the family’s Sunday dress clothes, which were stored in an entry-hall closet, were contaminated with mercury and would have to be destroyed. In addition, environmental authorities tested the backpacks and shoes of two of the children who resided in the house and determined that the children had transported the mercury to their school.

Kuzlik and Fredericy were charged federally with violating 18 U.S.C. 241 (conspiracy), 42 U.S.C. 3631 (interference with housing rights) and 18 U.S.C. 1001 (false statements to the federal investigators of the EPA). On October 26, 2006, Fredericy pled guilty to those charges and, on November 27, 2006, Kuzlik followed suit. On January 17, 2007, Fredericy was sentenced to 33 months in prison. On February 21, 2007, Kuzlik was sentenced to 27 months in prison. Kuzlik and Fredericy were also ordered to pay restitution of $23,000 to the federal EPA, $767 to the Ohio EPA, and additional sums to the individual victims who suffered financial losses as a result of the offenses.