Brennan was charged on Dec. 13 with perjury, tampering with evidence and common law offenses by the Michigan Attorney General's office. The 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.  Wayne County Circuit Court Judge Timothy Kenny signed an order granting immunity to Furlong on Oct. 21, Assistant Attorney General William Rollstin said during Furlong's deposition on Nov. 13, 2018.  Kelly Rossman-McKinney, spokeswoman for Attorney General Dana Nessel, said she could neither confirm nor deny Furlong received immunity in exchange for his testimony. 
Clerks at the Wayne County 3rd Circuit Court declined to produce the immunity order Monday morning. 

Just friends:

Livingston County Assistant Prosecutor Pamela Maas and Piszczatowski met with Brennan in her chambers the Friday before the trial, Jan. 4, 2013, to discuss the letter. Maas and Piszczatowski both testified at a 2018 misconduct hearing for Brennan that the judge told them she and Furlong were "just friends." Maas testified she knew Brennan and Furlong had a social relationship and that he may have visited Brennan's home but believed other people were there as well.  In his deposition, Furlong said Maas, the prosecuting attorney who tried Kowalski's first murder case, "absolutely" knew of Brennan's and his friendship.  "Pam knew we were friends. I mean, it wasn't, it wasn't a secret... I mean Pam had known for years that we were friends.," Furlong said in his deposition. "It was well-known that I would go to the cottage or do stuff with Theresa outside of,  outside of court, that we were friends." Furlong said Brennan was accurate in describing their relationship when questioned in 2013.  I can't put it in any other way than this. We are friends. We were not in a sexual relationship during - before Kowalski, during Kowalski. We were not. We were friends. That was it. I can't put it any clearer than that," he said in his deposition. Phone records indicate Brennan and Furlong spoke for more than six hours on the phone between the time the trial began on Jan. 27, 2013 and Kowalski's sentencing on March 6, 2013.  Piszczatowski previously said he did not know about the phone conversations between Brennan and Furlong during the trial and had he known he "would have raised another motion for sure."  Furlong in his deposition said he "absolutely" had reservations about the friendship impacting the case but said it was Brennan's call.  "It would have been better if some other judges had that so that we wouldn't come up with this, you know, any hint of something wrong," he said.  In his deposition, Furlong denied being the lead investigator in the double-murder case. He sat at the prosecution's table during the trial because Pam Maas "wanted me there." A former court clerk for Brennan, Kristi Cox, testified last year that Brennan believed Kowalski was guilty because Furlong told her so. Cox said Brennan made the comment after Cox commented she found it odd there was no evidence Kowalski was guilty in the police interviews she was transcribing in preparation for the trial. Brennan told Cox she knew Kowalski did it because she had talked to Furlong about the case, Cox testified. Kowalski was ultimately convicted by a jury and sentenced to life in prison, the mandatory sentence for first-degree murder. That conviction was overturned in January when Shiawassee County Circuit Judge Matthew Stewart signed an order vacating his convictions following the Judicial Tenure Commission's findings that Brennan's concealment of a relationship with Furlong was a "gross misconduct that violated Cannon 1, 2, 3C of the Michigan Code of Judicial Conduct."   In his deposition Furlong said he texted Brennan on the first day of the Tenure Commission misconduct hearings telling her to "just resign," that "being a judge wasn't worth any of this."

Motions for defense:

Jerome Kowalski's attorneys Mark Gatesman and Heather Nalley filed a motion late Thursday afternoon inLivingston County Circuit Court requesting to view Furlong's Michigan State Police personnel file.  "Furlong's conduct created such a potential for criminal liability and professional consequences that he only testified after a grant of immunity by the Attorney General," they wrote in a motion. Kowalski's attorneys wrote they believe material necessary to Kowalski's defense is in Furlong's personnel file.  "Even though only former Judge Brennan and not former Trooper Furlong faces criminal charges for their undisclosed relationship in connection with People V. Kowalski,  the facts remain, without Furlong's unprofessional, unethical and inappropriate conduct in People V. Kowalski, the conviction in Kowalski would not have been vacated and the Attorney General Investigation would not have been initiated," they wrote.  Court records indicate Furlong completed more than 15 search warrants in connection with the Kowalski case, many that Brennan signed.
In multiple interviews with police, Jerome Kowalski both admitted and denied committing the murders. Furlong took Kowalski's third and final confession where he admitted to committing the murders.  The defense at trial maintained Kowalski’s statement was a false confession made possible by a long interrogation and from a defendant who is eager to please authority. Brennan ruled the confession admissible and did not allow a defense expert to testify, in a ruling that was upheld but delayed the trial for years.  Gatesman and Nalley plan to call Furlong as a witness during Kowalski's new trial , according to court records.  In addition, Kowalksi's attorneys requested a false confession expert be allowed to testify at the new trial, schedule to take place in January.  Stewart will rule on the motions on Dec. 4.  Kowalski's trial is scheduled to start January 13, 2020. Brennan's trial is scheduled to start the following week."

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