Court of Appeals denies Kowalski's motion to dismiss murder charges

Evan Sasiela, Livingston Daily
·2 min read
1

LIVINGSTON COUNTY — The Michigan Court of Appeals recently denied a man’s motion to dismiss charges in the murders of his brother and sister-in-law in 2008 in Livingston County.

Jerome Kowalski was convicted of the murders and sentenced to life in prison in 2013, five years after Richard and Brenda Kowalski were shot to death in Oceola Township. During questioning, Kowalski both admitted to and denied killing the couple.

But the convictions were vacated after it was discovered the judge presiding over the trial, Theresa Brennan, had an inappropriate relationship with the lead prosecution witness, Michigan State Police Det. Sean Furlong. Brennan was sentenced to six months in jail in 2020 for perjury and removed from the bench.

Jerome Kowalski listens Monday, Jan. 7, 2013, during the first day of his trial for the murder of his brother and sister-in-law.
Jerome Kowalski listens Monday, Jan. 7, 2013, during the first day of his trial for the murder of his brother and sister-in-law.

Kowalski was awarded a new trial in 2019, and later granted bond. His trial, once scheduled for January 2022, was pushed as Kowalski sought dismissal of both counts of first-degree murder and both counts of possessing a firearm during the commission of a felony.

After all Livingston County judges recused themselves, Shiawassee County Chief Circuit Judge Matthew Stewart denied the motion to dismiss. In early November, the Michigan Court of Appeals agreed. That's according to an unpublished opinion issued Nov. 2.

The COA noted this is the fourth time the case has been brought before the court.

In his motion to dismiss with prejudice (meaning the case cannot be brought forward again), Kowalski argued the prosecution knew about Brennan and Furlong’s romantic relationship but intentionally concealed it from Kowalski. He further argued double jeopardy barred a retrial "because of the prosecution’s egregious conduct."

Subscribe: Get unlimited access to our local coverage

The COA agreed the prosecutor failed to disclose her personal knowledge of the relationship between Brennan and Furlong and failed to inquire into the relationship when Kowalski moved for Brennan’s recusal. However, the judges said, the remedy for prosecutorial misconduct is typically a new trial, not dismissal of the charges.

The appeals court added it's "long been held that retrial is not barred by double jeopardy when a defendant obtains post-conviction relief.”

The Michigan Attorney General’s Office is prosecuting the case, after former Chief Judge David Reader was elected Livingston County Prosecutor.

— Contact reporter Evan Sasiela at esasiela@livingstondaily.com. Follow him on Twitter @SalsaEvan.

This article originally appeared on Livingston Daily: Court of Appeals denies Kowalski's motion to dismiss murder charges