DE Supreme Court Rules on Kathy McGuiness Appeal
The Delaware Supreme Court has upheld on of former State Auditor Kathy McGuiness’ convictions and remanded a second to Superior Court. Attorney General Kathy Jennings says that this ruling concludes that McGuiness’ actions were criminal. In the Court’s opinion, they state that “the record amply demonstrates that she (McGuiness) received a fair trial.” The Supreme Court did reverse McGuiness’ conviction for Officials Misconduct because of a “spillover of evidence that prejudiced the jury’s consideration of a closely linked charge.” In the other respects the Court affirms the trial court’s decisions and the defendant’s convictions.
Supreme Court – Affirms Count 1 – Conflict of Interest – related to hiring and supervision of Daughter as a casual-seasonal employee
Supreme Court – Reverses Count IV – Official Misconduct – in hiring her daughter and daughter’s friend into state employment and affording benefits to daughter not available to other state employees. The Supreme Court has remanded this to Superior Court for a new trial on that charge.
The other counts – McGuiness was found not guilty of Count 2 – Theft and Count 5 – Act of Intimidation. She was initially found guilty of Count 3 – Structuring, but was acquitted of this when it was found to be legally insufficient.
