Judge upholds two convictions against Delaware auditor, but tosses a third

A judge on Tuesday upheld two criminal misdemeanor guilty verdicts against Delaware Auditor Kathy McGuiness as she heads toward her Democratic primary next month.

While upholding the two guilty verdicts against McGuiness for hiring her daughter, the judge threw out a separate misdemeanor conviction for rigging a state contract in an illegal manner.

Found guilty while in office

In July, McGuiness became the only statewide-elected official in Delaware’s history to be charged with and found guilty by a jury of crimes while in office. She was convicted of conflict of interest for hiring her daughter, structuring for allegedly rigging a state contract for a political consultant as well as official misconduct, a verdict that hinged on the other two guilty verdicts.

Immediately after the state presented evidence at trial, McGuiness’ attorney, Steve Wood, asked the judge to toss the charges, arguing the state had presented insufficient evidence to convict McGuiness. He also later asked the judge to grant McGuiness a new trial, arguing the court had allowed unfair evidence irrelevant to the charges to taint the jury’s deliberations.

Tuesday’s ruling saw New Castle County Superior Court Judge William C. Carpenter largely reject Wood’s arguments. It means the court will now schedule a hearing to sentence McGuiness to what all expect will be a term of probation along with a fine. A date for sentencing has not been set yet.