Barring any additional, last-minute detours, a jury in Kent County will hear evidence in the criminal corruption case of Delaware Auditor Kathy McGuiness beginning on Tuesday.
The date was finalized and an announced Thursday following the delay of trial proceedings that were originally scheduled for New Castle County last week.
McGuiness, a statewide-elected official and Democrat, is charged with multiple public corruption misdemeanors as well as two felonies. Prosecutors say she gave her daughter a do-little job in the auditor’s office, rigged payments of a state contract to avoid regulatory scrutiny, and intimidated those who questioned her behavior.
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She has pleaded not guilty and, in pretrial motions through an attorney, characterized the prosecution as unfairly targeting her for conduct that is common in state government and not illegal.
Her trial should have already been underway were it not for a last minute change of venue from New Castle County south to Kent County.
The day the trial was set to begin last week, her attorney, Steve Wood, told the court he was going to move to have the charges dismissed based on the fact she was indicted in New Castle County, but all the alleged criminal acts occurred outside of that county.
Prosecutors argued that because she is a statewide-elected official, she could have been indicted and subsequently tried in any of the state’s three counties.
Judge William C. Carpenter warned prosecutors they were risking having the entire case thrown out on the location technicality, prompting prosecutors to reindict the case in Kent County, where McGuiness’ state offices are located, on Monday.
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Since then, Wood tried to have the judge move the case back to New Castle County for the convenience of his client. Prosecutors opposed, saying that they had already made rearrangements to present their case in Kent County, according to correspondence among the parties.
The judge seemingly sided with prosecutors as the courts announced the new trial date in Kent County. A jury will be selected Monday, and, assuming that goes to plan, prosecutors will begin presenting their case on Tuesday.
Contact Xerxes Wilson at (302) 324-2787 or xwilson@delawareon
