State Supreme Court tosses home invasion conviction
Yakima Herald-Republic
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YAKIMA, Wash. -- The state Supreme Court has overturned the conviction of a Yakima man in a home invasion case in which the victims died of natural causes before testifying in court.
The decision, announced Thursday, arose from two separate home invasions in 2002, although the high court's decision was based only on one of the robberies.
Both victims, Marion Wall, 74, of Moxee and Violet Alvarez, 55, of Yakima died of natural causes not long after the robberies.
A Yakima County jury convicted Duane Koslowski, then 31, of the crimes in 2003. He appealed on grounds that Violet Alvarez's testimony was hearsay because it was conveyed to the court through statements made to police before she died.
The Supreme Court agreed. Because Alvarez was not available to testify in court and Koslowski had no prior chance for cross-examination, admitting the officers' testimony about her statements at trial violated his rights, the court found in a 6-3 decision.
Dissenting, Justice Gerry Alexander said Alvarez's statements were made immediately after police arrived and should be admissible.
"I believe there is sufficient evidence to support the jury's guilty verdicts," he wrote.
The ruling overturns his convictions of first-degree robbery, burglary and unlawful possession of a firearms.
Yakima County prosecutors who worked the case weren't available for comment Thursday.
Koslowski's attorney, Stephanie C. Cunningham in Seattle, didn't immediately return phone calls seeking comment.
Wall was shot and bound on Nov. 14, 2002, when his home in the 6800 block of Gamache Road was invaded. He died a month later of a heart attack.
The day before, Alvarez was tied up at gunpoint in her apartment in the 1100 block of South 34th Avenue. She, too, was bound but wasn't injured. Credit cards were taken from her. She died about three weeks later of a brain aneurysm.
Police initially linked Koslowski to the crimes because a blue Nissan registered to him matched the description of a car seen driving away from Wall's home. Authorities said similarities were found in both crimes.
Still hospitalized in the shooting, Wall identified Koslowski as the robber from a photo police provided.
* Phil Ferolito can be reached at 509-577-7749 or pferolito@yakimaherald.com.
If you are going to invade & rob someone in their home, do it to old people only, someone who is most likely to die before the case goes to court - you will be home free.
What a system.
No justice. Just think if that was you or your family member. These people were in their home, minding their own business. Shame on the police and prosecutors for not doing a better job. There is no doubt in my mind these people died as result of these crimes. You and your family are not safe anywhere in this town. You better be prepared because this can happen to you.
Report ViolationAll the more reason to stand up for your second amendment Constitutional rights. In my neighborhood, I am locked and loaded at all times. I live alone, no children visitors, so my defense is also very handy. Kind of like the really old days when people were often met at the front gate with a howdy and a shotgun, until their intentions were identified. What a shame to have to live like that again.
Report ViolationStay away from Nick's.
Yes, it is a shame that this young man is going to walk away with a slap on the wrist because his victims have died. It is clear that the trauma from the invasions triggered the deaths. He must have felt safe knowing he could terrorize elderly people instead of taking on someone younger and much more healthy who could fight back.
To bad the victims where not armed and shot him dead and we would not have this problem.
We have idiots out there that will disagree with this and will want more gun control, instead of having our courts pull their heads out of the dark place where they are keeping it and put these criminals behind bars.
I see a direct correlation to these home invasions and the victims deaths, doesn't anyone else?
I don't know what the situation was, but even if these victims were armed, they would still have to get to their gun and attempt to defend themselves. This guy would have had a complete advantage on them taking them by surprise.
We should not have to worry about anyone taking away any of our rights, the Second Amendment included. Doc Hastings has been pretty good about protecting our Second Amendment, however he has done quite a bit of damage to our other Constitutional Rights based upon his continued support of the Patriot Act.
This Duane Koslowksi probably has committed more atrocities than many of the people locked up in Guantanamo Bay. I feel that his actions are even more severe when you commit acts of torture on innocent people in their own home.
It is very likely that the stress from these incidents had a determining factor of their declining health. I would not doubt that their lives were completely changed after an incident like that.
I would like to give a big FU to Duane and his attorney. I just hope the families of Marion Wall and Violet Alvarez are able to find some closure to this with some suitable justice.
FLASHBACK: Mr. Wall was tied up and then shot in the back.
YHR forgot that detail.
I AGREE WITH NICK THIS IS SO SHOWING THE WRONG MESSAGE;
SO WHAT A RAPIST CAN RAPE A 3 YEAR OLD
BECAUSE THEY WONT REMBER OR MAYBE THEYLL GET SICK AND THEN FORGET OR DIE.
A ROBBER/GANGSTER CAN TAKE MONEY AND THREATEN,ROB,TORTURE AND ELDERLY PERSON CUZ THEY MIGHT DIE ANYWAY SO IT DONT MATTER OR A YOUNG PERSON TO YONG TO REMBER THEY WONT REMBER ANY WAY .
AND ELDERLY PPL WELL THEYRE LIFE IS OVER THEY ARNT WORTH THE WORK TO FIGHT AND GET JUSTICE FOR RIGHT!!
AND THEY WONDER WHY PEOPLE START GOING AGAINST THE LAW.
CUZ ITS NOT JUSTICE !!AT ALL!
YOUR LETTING A CRIMINAL, DANGEROUS, KILLING, THREATENING MAN ON TO THE STREATS AND SAYING TO THE FAMILY HIS FAMILY AND WANTS ARE MORE INPORTANT THEN THE SUFFERING YOURS WENT THRU!!!!!!!
THE LAW IS STUPID !!
ChrisR....
"Stay away from Nick's."
Not just Nick...a whole bunch of us are armed and ready, at least in our circle of friends. We also have no children at home and very few visitors, which allows us to keep our guns right where we can get at them. Once the creep is inside our home, he/she better be ready for a fight. We are both senior citizens which makes us a perfect target, but "SURPRISE"...we may be old, but we arn't stupid.
This is one really puts into perspective how completely pathetic our judicial system is not working. Congratulations to the Judge, Attorney, and all those responsible for the overturning of this decision. I hope that when the next day comes that Mr. Koslowski makes his next attempt at first-degree robbery, burglary, unlawful possession of a firearm, or murder you are prepared to hold yourselves responsible. Marion Wall had just lost his wife just months prior to this “invasion.” These are upstanding people we are talking about! Mrs. Wall was a registered nurse and devoted her life to taking care of people. They opened their doors to all and their home was immaculate. Neither of these people would have ever dreamed of being confronted on their own property by a person with a gun intending to use it.
How many of us answer our doors with a handgun behind our backs just in case? How many of us get up in the morning and contemplate driving up to someone’s house whether they are home or not and carry a weapon just in case we encounter some resistance? Mr. Koslowski did what he was intending to do using whatever force was necessary. He carried that weapon intending to kill in order to get what he wanted. No gray area there what so ever. He feels no remorse for his actions. How many people out there that have been murdered were able to show up for the trial of their murderer? You pull a gun out and shoot somebody. I think we can all agree the person pulling the trigger isn’t just intending temporary harm. The intension was to kill. So from this date forward anyone that kills another human being that has some unforeseen terminal condition and that victim dies before trial the murderer walks away free?
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