Judge to rule in June on criminal charges against suspended Judge Theresa Brennan
After hearing more testimony, Judge David Guinn adjourned Brennan's preliminary examination on three felony charges to June 26.
Judge to rule in June on criminal charges against suspended Judge Theresa Brennan After hearing more testimony, Judge David Guinn adjourned Brennan's preliminary examination on three felony charges to June 26. Check out this story on livingstondaily.com: https://www.livingstondaily.com/story/news/local/2019/04/25/judge-rule-june-criminal-charges-against-suspended-judge-theresa-brennan/3566805002/
Ken Palmer, Livingston Daily Published 3:43 p.m. ET April 25, 2019 | Updated 4:12 p.m. ET April 25, 2019
Donald Root, Judge Theresa Brennan's ex-husband, testifies in a preliminary hearing before Judge David Guinn Thursday, April 25. Gillis Benedict, Livingston Daily
A judge said he'll decide in June if suspended Livingston County District Court Judge Theresa Brennan should stand trial on charges that she destroyed evidence in her own divorce case and then lied about it under oath.
Suspended Livingston District Judge Theresa Brennan listens to testimony in a preliminary hearing before 67th District Court Judge David Guinn Thursday, April 25, 2019. (Photo: Gillis Benedict/Livingston Daily)
After hearing more testimony on Thursday, Genesee County District Court Judge David Guinn adjourned Brennan's preliminary examination on three felony charges to June 26.
Attorneys will file arguments in writing in advance of that hearing.
Brennan, 61, is charged with perjury, tampering with evidence and a common law offense in connection with her 2016 divorce case.
The state Attorney General's Office alleges she lied during a divorce deposition about a cell phone that was considered a marital asset and that she tampered with evidence in an official proceeding. It also said she committed misconduct by failing to immediately recuse herself from her own divorce case, then used the delay to dispose of evidence.
Assistant Attorney General William Rollstin on Thursday withdrew a motion to add a second perjury count regarding Brennan's testimony during a Judicial Tenure Commission hearing last fall. Evidence regarding that testimony will be wrapped into the original perjury charge against her, he said.
The criminal case is separate from the ongoing ethics case against Brennan, who was suspended by the state Supreme Court early this year but is still receiving her salary of about $148,000.
She hasn't been on the bench since last June, when Livingston County Chief Judge Miriam Cavanaugh relieved her of her caseload amid the JTC's ethics investigation.
The Tenure Commission is asking the justices to remove Brennan from the bench for misconduct, saying she should have disclosed her close personal relationship with a now-retired Michigan State Police detective who was a key witness in a murder trial she presided over in 2013.
Jerome Kowalski was convicted of killing two people in that trial and sentenced to life in prison. But a judge has since tossed out the convictions at the request of his attorney and the Livingston County Prosecutor's Office. A new trial is set for September.
The JTC said Brennan tampered with evidence in her divorce, lied about it under oath and failed to disclose her close friendship with an attorney who represented clients in her courtroom
It also said Brennan failed to immediately recuse herself from hearing her own divorce case and used the delay to dispose of evidence on her cell phone, a marital asset. The disqualification order was not received until two days after her husband's attorney filed a motion to preserve evidence, including cell phone data.
A state police detective testified last month that a forensic examination of Brennan's phone showed it had been reset to factory settings two days after the motion to preserve evidence was filed.
The preliminary hearing before Guinn began March 21. Testimony ended on Thursday, with Brennan choosing not to take the witness stand.
Attorneys finished questioning Donald Root, Brennan's ex-husband, about events concerning the divorce case.
The perjury charge carries a maximum penalty of 15 years in prison upon conviction. The evidence tampering charge is a maximum 4-year offense, while the common law offenses count is punishable by up to 5 years in prison upon conviction.
Michigan Supreme Court sets date for oral arguments in Judge Theresa Brennan misconduct case
Livingston County Judge Theresa Brennan files motion to remove Judicial Tenure Commission
Theresa Brennan calls Tenure Commission report 'blatantly sexist,' asks for new hearing
Contact Ken Palmer at (517) 377-1032 or kpalmer@lsj.com. Follow him on Twitter @KBPalm_lsj.
Read or Share this story: https://www.livingstondaily.com/story/news/local/2019/04/25/judge-rule-june-criminal-charges-against-suspended-judge-theresa-brennan/3566805002/
Heavy rain knocks out power for thousands in Livingston County
'Giant of Crooked Lake' sculpture attracts visitors to Brighton
About 800 homes under boil water advisory
Meet Matt McGivney, new Livingston County judge
How many Livingston Co. public school students need lunch for free or at a reduced cost?
Michigan Supreme Court removes Brennan from bench