Former auditor’s conviction for official misconduct reversed

(The Center Square) – Conviction for official misconduct by Delaware’s former state auditor has been reversed by the state’s highest court.

In a ruling issued Tuesday, the Supreme Judicial Court said Kathy McGuiness did not get a fair trial in 2022. It upheld the jury’s finding that she was guilty of conflict of interest.

Justices wrote that despite McGuiness’ “inflamed rhetoric” that the convictions were “profoundly unfair and unconstitutional” the “record amply demonstrates that she received a fair trial.”

“The defendant raises a mélange of issues on appeal, including that the state failed to present sufficient evidence of the charged crimes and violated the defendant’s due process rights by suppressing exculpatory evidence,” they wrote in the 86-page ruling. “We reject those arguments because they distort the trial court’s holdings or misapply the law.”

But the court ruled that one of McGuinesses’ convictions on a charge of official misconduct should be reversed “because the legal insufficiency of one of the charges resulted in the spillover of evidence that prejudiced the jury’s consideration of a closely linked charge.”

- Advertisement -

In a dissenting opinion, Chief Justice Collins J. Seitz Jr. wrote that the official misconduct conviction should not have been reversed. He said the Superior Court judge didn’t err when he allowed jurors to weigh evidence that McGuiness had illegally structured a consultant’s contract in deciding whether she was guilty of official misconduct.

McGuiness, a Democrat, lost her reelection bid to Lydia York in the September 2022 statewide primary for the auditor’s seat, following months of scrutiny stemming from the public corruption charges.

Last July, a jury found McGuiness guilty of three counts, including illegally structuring a consulting contract at the auditor’s office for a consulting firm that worked on her 2018 campaign. She resigned in October after a judge sentenced her to probation for misdemeanor official misconduct and conflict of interest convictions related to hiring her daughter. She was fined $10,000, according to authorities.

McGuiness has also filed a federal lawsuit against several current and former state officials, accusing them of constitutional violations and slander related to her resignation amid public corruption charges.

The lawsuit alleges that Frank Robinson, a chief investigator in the Delaware Department of Justice and former state prosecutor Mark Denney – who oversaw the public corruption case against her – of violating her constitutional rights and defaming her by making false public statements.

It wasn’t immediately clear if Attorney General Kathy Jenning’s office, which defended the state in the appeal of her convictions, will seek to retry McGuiness on the official misconduct charge.

Hot this week

African and Caribbean Nations Call for Reparations for Slave Trade, Propose Global Fund

Nations across Africa and the Caribbean, deeply impacted by...

Sports betting expert offers advice on paying taxes for gambling winnings

(The Center Square) – Tax season is underway, and...

Health care company agrees to pay $22.5 million to settle claims of over billing

A health care company agreed to pay nearly $22.5...

Entertainment district benefits don’t outweigh the cost, economists say

(The Center Square) — Weeks later, after more details...

Business association ‘disappointed’ by WA L&I’s proposed workers comp rate hike

(The Center Square) – The Association of Washington Business...

As North Carolina awaits ICE, congressmen back deportation proposals

(The Center Square) – Eroding North Carolina of criminals,...

How to obtain an ID to vote in Wisconsin

(The Center Square) – Wisconsin voters will have a...

Washington joins multi-state suit over Trump admin’s federal aid freeze

(The Center Square) – Washington state on Tuesday joined...

Bipartisan effort to end death penalty in Ohio returns

(The Center Square) – Democrats and Republicans in the...

Pentagon’s December answer on drones confirmed by White House

(The Center Square) – Following months of speculation and...

New Hampshire to consider ‘right to work’ proposal

(The Center Square) — New Hampshire lawmakers are making...

Pritzker calls Trump’s federal grant funding freeze ‘illegal’

(The Center Square) – Several Illinois state officials have...

California unemployment rate rises to 5.5%, or 45% higher than in 2022

(The Center Square) – California’s unemployment rate rose to...

More like this
Related

As North Carolina awaits ICE, congressmen back deportation proposals

(The Center Square) – Eroding North Carolina of criminals,...

How to obtain an ID to vote in Wisconsin

(The Center Square) – Wisconsin voters will have a...

Washington joins multi-state suit over Trump admin’s federal aid freeze

(The Center Square) – Washington state on Tuesday joined...

Bipartisan effort to end death penalty in Ohio returns

(The Center Square) – Democrats and Republicans in the...