Judge Theresa Brennan arraigned on 3 felonies, released on bond

Livingston County District Court Judge Theresa Brennan was arraigned on perjury and two other felony charges Tuesday morning in a Livingston County courtroom.

Genesee County Judge G. David Guinn ordered Brennan to surrender her passport and set a bond that doesn't require payment for her to be released.

Brennan was charged last week with perjury, tampering with evidence and common law offenses by the Michigan Attorney General's office.

Brennan's attorney, Larry Willey, asked Guinn to release Brennan on her own recognizance.

"She has no criminal history," Willey told Guinn. "She has been a resident of Livingston County for almost her whole life."

Assistant Attorney General Bill Rollstin took no position on bond for Brennan, saying that as long as she surrendered her passport, "...we leave bond to the discretion of the court." 

Guinn was appointed by the State Court Administrative office to oversee the case and ordered that no video and use of Twitter would be allowed during the hearing, despite an objection by the Livingston Daily.

The felony charges were authorized by 67th District Court Judge Nathaniel Perry III in Genesee County last week. 

Brennan arrived at the courthouse at about 8:25 a.m., and was escorted by court security officers to a private conference room. She appeared in the courtroom with Willey about 9 a.m. and waited quietly for about 15 minutes for the hearing to begin. Guinn held the hearing from his office in Genesee County by video conference and Brennan and her attorney were escorted out of the courthouse by court security immediately after the hearing.

Neither commented on the charges.

The Livingston Daily reported in April of 2017 that Brennan was under investigation by the Judicial Tenure Commission. Transcripts from depositions in her divorce from now ex-husband Don Root raised questions about whether she was having an affair with Michigan State Police Detective Sean Furlong during a murder trial for Jerome Kowalski.

Court documents show Brennan “made three extended” phone calls to Furlong during the Kowalski trial. In addition, records show 231 phone calls – representing 1,147 minutes – between Brennan and Furlong between November 2011 through December 2012.

Furlong was a key investigator in that trial, and Kowalski was convicted. Brennan sentenced Kowalski to life in prison, the mandatory sentence for first-degree murder. 

Jerome Kowalski's son, Jared, was in court Tuesday morning. 

"It’s a good start," he said. "I think the charges truly show the type of character, not just with my father's case but with other cases."

Jared Kowlaksi and other family members attended several hearings held by the Judicial Tenure Commission. The family wants a new trial for Jerome Kowalski and have urged Livingston County Prosecutor Bill Vailliencourt to charge Brennan.

State Senator Joe Hune, R-Fowlerville, attended the hearing and said afterward that Brennan "needs to go."

Hune called for Brennan to resign more than six months ago and called for her resignation again Monday. 

"Citizens have had enough of her antics," he said.

Brighton resident and school board member John Conely said he was one of Brennan's "first victims" several years ago, although he did not elaborate about why he was in Brennan's courtroom.

"I’m a mechanic by trade," he said. "I like to fix things... Things are starting to get fixed now."

Brennan was removed from her caseload on June 13 amid the Judicial Tenure Commission complaint but continues to be paid while the complaint process plays out. She faces up to 15 years in prison if convicted on the perjury charge.

About the charges

Schuette's office alleges that Brennan gave false testimony regarding a cell phone that was considered a marital asset during hearings in her own divorce case and that she tampered with evidence in an official proceeding. It also said she committed misconduct by failing to recuse herself immediately from her own divorce case and used the delay to dispose of evidence. 

Earlier this year, Brennan testified she had the cell phone restored to factory settings, contrary to her previous testimony in her 2016 divorce case. That phone is currently in the custody of the state police.

During a Judicial Tenure Commission hearing in October, Brennan's court reporter Felicia Milhouse said she was asked by Brennan to look up how to delete Hotmail and Gmail accounts from a phone.

The Michigan State Police Computer Crime Unit confirmed that Milhouse's work computer was used to make searches on how to deactivate and terminate a Hotmail account two days after a motion was filed by her now ex-husband's attorney to preserve evidence in the divorce case, according to the charging affidavit.

Amid the same commission hearing, Brennan admitted lying in a divorce deposition stating, "I never intended on making Mr. Kizer's job easy."

Tom Kizer represented her former husband, Don Root, in the divorce.

While the perjury charge is punishable by up to 15 years in prison, the charge of tampering or destroying evidence is punishable by up to four years in prison, and the charge of common law offenses is punishable by up to five years in prison.

Brennan's next court hearing has been set for Jan. 16.

RELATED:

Schuette files perjury, other charges against Judge Theresa Brennan

Hune, Theis, Vaupel renew calls for Brennan's resignation after felony charges filed

Brennan admits wiping personal cell phone despite effort to preserve it as evidence

In June, the Judicial Tenure Commission filed a wide-ranging complaint against Brennan accusing her of misusing her office for personal advantage or gain and allowing social and other relationships to influence her conduct or judgment, among other issues. 

Special master and retired judge William Giovan concluded an evidentiary hearing last month that lasted nine days and is expected to issue an opinion on the Tenure Commission's complaint next week.

Depending on Giovan's findings, the Tenure Commission could eventually ask the state Supreme Court to discipline Brennan. The Supreme Court can discipline Brennan up to and including removing her from office.

More:

10 things to know from Week 1 of Brennan misconduct hearing

Brennan responds to Judicial Tenure Commission: 'Error is not misconduct'

Judge Theresa Brennan removed from all cases 'immediately and until further notice'

Local state representatives Lana Theis, Hank Vaupel and Jim Runestad introduced a resolution in the state House in September calling for Brennan's impeachment .

The resolution is pending in the House Committee on the Judiciary. If the resolution is approved by the state House, an impeachment trial would take place in the Senate. If convicted, Brennan would be removed from office. 

Brennan was being sued by Livingston County, which claims she abused her authority by using court employees "as free labor" to perform personal tasks while being paid by the county. That lawsuit has since been dropped due to lack of notice to Brennan but could be refiled.

Former Livingston County Circuit Judge Daniel Burress has requested a grand jury investigation into Brennan’s conduct, an effort that is continuing to wind its way through the courts.

Contact Kayla Daugherty at 517-552-2848 or kdaugherty@gannett.com. Follow her on Twitter @KayDaugherty92.