Judge denies Delaware auditor's request to drop act-of-intimidation charge
WILMINGTON — A felony act-of-intimidation charge against State Auditor Kathleen McGuiness remained in place following a Superior Court judge’s ruling Monday.
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Judge denies Delaware auditor's request to drop act-of-intimidation charge
By WILMINGTON — A felony act-of-intimidation charge against State Auditor Kathleen McGuiness remained in place following a Superior Court judge’s ruling Monday.
When making the motion to dismiss the charge, Ms. McGuiness’ legal counsel pointed to Delaware Code and maintained that the defendant “must be aware she is the subject of an investigation, proceeding, or prosecution and must engage in prohibited conduct with a person that she knows is a witness in that investigation or proceeding.”
In his determination Monday, however, Judge William C. Carpenter Jr. opined that Ms. McGuiness must have known of the attorney general’s investigation as of Sept. 11, 2021, when she was served with a subpoena and target letter. A reindictment by the state referenced multiple alleged offenses occurring after that date.
The state argued that Ms. McGuiness “need not know she is under investigation or even be sure that the person is a witness against them,” according to the judge.
Ultimately, the judge decided the dispute “centered around whether the defendant must be aware of some official inquiry before coming within the prohibited conduct and whether she must be aware of the person toward which her conduct is directed is a victim or witness of her alleged crimes.”
Also, the judge found some of the state’s assertions “appeared to be lacking in common sense,” including the requirements to establish the offense.
But, he said, the reindictment “is sufficient to allow it to proceed to trial.”
Jury selection is scheduled for May 26, and a trial start is slated for May 31.
Misdemeanor charges against Ms. McGuiness include conflict of interest as a violation of the state officials’ code of conduct, structuring as noncompliance with procurement law and official misconduct. She is charged with felony theft, as well.
She has pleaded not guilty to all charges.
Deputy attorney general Mark Denney is prosecuting the case, with attorneys Steve Wood and Chelsea Botsch representing Ms. McGuiness. A court-enforced gag order bars any public statements about the case.
