Macomb County Prosecutor wants Prison Term for Poisoning Husband

MOUNT CLEMENS, MI – A 46 year-old ex-husband is scheduled for sentencing this Thursday, August 1st, 2019, after he pled guilty to poisoning his wife, a 15-year felony.Diphenhydramine-Hydrochloride-25mg

In July of 2018, the victim felt tired, nauseous and was experiencing blurred vision soon after consuming coffee on the days that the defendant prepared it for her. In May of that year, the victim had filed for divorce. The victim’s suspicions as to the actions of her husband prompted her to have cameras installed in the kitchen. The videos revealed defendant, Brian Kozlowski, on multiple occasions pouring Diphenhydramine into his then wife’s morning coffee, intentionally poisoning her.

Upon observing the video and discovering this very troubling information, the victim contacted her divorce attorney and immediately moved out of the couple’s Macomb Township home. The last coffee that the defendant had made for the victim was analyzed and contained 127 milliliters of Diphenhydramine.

The case was assigned to Chief Judge Biernat in December of 2018. After numerous failed attempts by two separate defense attorneys to receive a plea deal, the case was transferred to retired, visiting Judge Anthony Viviano. Judge Viviano conveyed to the defense attorney, over the objection of the assistant prosecutor, that he would sentence defendant to probation, substantially below the sentencing guidelines.

Prosecutor Eric Smith stated, “This defendant’s actions were despicable. We are all thankful this sneak attack didn’t cause the victim to fall asleep behind the wheel on her way to work killing herself and/or innocent drivers.”

The criminal guidelines for the charged offense indicate that the defendant must do a minimum of 19 to 38 months in prison. “This defendant deserves nothing less than a prison cell for his actions and that is what we will be stressing to Judge Viviano Thursday morning or we will be appealing the sentence, plain and simple,” continued Smith.

The Defendant will be sentenced Thursday morning before visiting Judge Anthony Viviano at 9 A.M. in the 16th Circuit Court.

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