Jerome Kowalski could leave jail this weekend after judge sets bond pending new murder trial
Jerome Kowalski, 75, could walk free for the first time in more than a decade after a Shiawassee County judge instated bond pending trial.
Kowalski entered the Livingston County Jail on May 6, 2008, after being arrested for the murder of his brother and sister-in-law. He has been incarcerated ever since — even after his conviction was vacated amid misconduct proceedings against the judge who sentenced him.
Now, more than 5,000 days later, the Warren man could leave the Livingston County Jail by posting a $50,000 cash bond.
"This case goes way back to an order entered on May, 8, 2008, denying bond for Mr. Kowalski. and that works out to 5,005 days, which is a long time by anyone's count," Judge Matthew Stewart said.
"If we were talking 50 days, we wouldn't be addressing bond, even if we were talking about 500 days, I don't think that we would be talking about bond," he said. "But 5,000 days, is that 15 years? It's 13.7 years."
Kowalski will have a GPS tether and alcohol-monitoring device as part of his bond conditions.
JSG Monitoring, the company that provides the tethers for Livingston County, needs 48 hours notice, Emily Shelton, a Livingston County probation officer, said.
That means if bond is posted Thursday, he could leave jail this weekend.
Kowalski will be allowed at his son Jerome Kowalski Jr.'s house, where he will reside pending trial, and the offices of his attorneys, Stewart said. He will also be allowed to attend any medical appointment.
Mark Gatesman, one of Kowalski's attorneys, had requested Kowalski be permitted to attend church and his grandchildren's activities. Stewart denied those requests.
"We are pleased that Mr. Kowalski has the opportunity to rejoin his family and we look forward to our day in court," Gatesman said after the hearing.
Years of waiting
Kowalski was charged with murder after his brother and sister-in-law, Richard and Brenda Kowalski, were killed in their home in 2008. Kowalski subsequently both confessed and denied committing the crime, and was convicted and sentenced to life in prison in 2013.
His conviction was vacated in January 2019 after the Michigan Supreme Court found that the judge who sentenced him, Theresa Brennan, failed to disclose her relationship with the lead investigator in the homicides, Michigan State Police Sgt. Sean Furlong.
A jury trial was set to start earlier this month, but Stewart adjourned it indefinitely citing the drastic rise in COVID-19 cases in Livingston County.
Kowalksi's sons Jared Kowalski and Jerome Kowalski Jr. were hopeful Stewart would allow bond in the case due to the years of waiting since the original conviction was overturned.
"COVID happened and it’s nobody’s fault. But the fact that this second trial should have already happened over a year and a half ago and it keeps getting put off because of COVID, well that’s not fair either," Jerome Kowalski Jr. said. "Yeah he’s been granted a second trial but he can’t have it because of this pandemic that no one has control of, including my father."
According to the Michigan Constitution, a person denied bail has the right to a trial within 90 days after the bail is denied.
His father is "a very simple man" and a "family man" Jerome Kowalski Jr. said. "He just wanted to be with his family."
No future dates have been set and parties will "watch the numbers" before proposing a new trial date, Stewart said.
Contact Kayla Daugherty at 517-552-2848 or kdaugherty@gannett.com. Follow her on Twitter @KayDaugherty92.
This article originally appeared on Livingston Daily: Jerome Kowalski could leave jail this weekend after judge instates bond
