Did Jerome Kowalski kill his brother and sister-in-law? New jury will decide in September

LIVINGSTON COUNTY — A man convicted of killing his brother and sister-in-law in 2008 will return to the courtroom for a retrial at the end of September.

Jerome Kowalski, 78, was convicted for the murders and sentenced to life in prison in 2013. When the judge in his case pled guilty to perjury in 2019, the convictions were overturned and Kowalski was awarded a new trial and later granted bond.

Former Livingston County District Judge Theresa Brennan was disbarred and sentenced to six months in jail after ethics and criminal investigations revealed she had a close relationship with Michigan State Police Det. Sean Furlong, who led the investigation into the murders of Richard and Brenda Kowalski.

Kowalski’s re-trial was originally supposed to take place in January 2022, but was pushed back while he 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 motions 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 That's according to an unpublished opinion issued Nov. 2.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.

Kowalski was seeking to dismiss the case with prejudice — meaning it can’t be brought forward again. He argued the prosecution knew about the relationship between Brennan and Furlong and intentionally concealed it. He also argued double jeopardy barred a retrial "because of the prosecution’s egregious conduct."

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The COA agreed the prosecutor failed to disclose her knowledge of the relationship and failed to inquire into it when Kowalski moved for Brennan’s recusal. However, the court said prosecutorial misconduct is typically addressed with a retrial, not dismissal of charges.

In the retrial, the Michigan Attorney General’s Office will serve as prosecutor, after former Chief Judge David Reader was elected Livingston County Prosecutor.

Reader is listed as an interested person in the court records.

The trial is scheduled for Sept. 30 in the 44th Circuit Court in Howell.

— Contact reporter Tess Ware attware@livingstondaily.com.