The lawyer for Delaware state Auditor Kathy McGuiness, found guilty of public corruption charges this month, has filed two motions, one to acquit her and another seeking a new trial.
A jury found McGuiness guilty of three public corruption misdemeanors, relating to the hiring of her daughter and giving her special privileges, and payments made to a political campaign and policy consultant.
Each guilty verdict carries the potential for one year in prison.
McGuiness was acquitted of felony theft, which was tied to her daughter’s employment, and felony witness intimidation for monitoring employee whistleblower emails.
The democrat is the first statewide elected official in Delaware to be charged with and convicted of a crime while in office. During her indictment and criminal proceedings, she has claimed that other Delaware politicians have engaged in the same type of nepotism.
DELAWARE POLITICSLawmakers want state auditor out of office. They just don’t agree on how to do it
In the two motions, filed by her lawyer Steve Wood on Wednesday afternoon, McGuiness’ defense maintains her innocence, and claims, among many things, that the prosecution was unfair and unconstitutional during the course of the trial. It also argues Judge William Carpenter Jr. made errors.
Wood alleges in one of the motions that the state “committed what is almost surely the largest Brady violation in Delaware history.” This in reference to the U.S. Supreme Court ruling, Brady v. Maryland, which established that the government must turn over evidence that could prove a defendant is innocent.
In the course of the three-week trial, Wood focused on misstatements made by state investigators, questions prosecutors didn’t ask witnesses and evidence he said the prosecution tried to conceal in an investigation he described as “biased, incompetent and incomplete.”
Prosecutors, before the trial, did make conflicting statements about what McGuiness did, and some incorrect statements were included in a search warrant affidavit made under oath and then in the auditor’s initial indictment.
The state will have an opportunity to respond to the latest motions filed by Wood.
After the guilty verdicts, Democratic leaders have called for McGuiness to be removed from office, though they are not in agreement on how that should happen. House lawmakers sent a letter to the governor urging him to use his constitutional powers to remove McGuiness from office once her conviction is official.
The Senate, on the other hand, thinks the General Assembly needs to take action. In an unprecedented move, Senate leadership introduced a resolution that would kick start her removal from office. The Senate will return to Legislative Hall on Monday afternoon to vote on this.
Gov. John Carney has previously said that he finds McGuiness unfit for office. Yet he believes he cannot use his powers to remove her from office until her conviction is made official. That will happen once she is sentenced, which has yet to be scheduled.
Contact Meredith Newman at (302) 256-2466 or at mnewman@delawareonline.com. Follow her on Twitter at @MereNewman.
