State Supreme Court tosses home invasion conviction

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.