By Craig Anderson

DOVER — One motion was for a judgment of acquittal, the other aiming for a new trial.

As it forecast earlier, counsel for convicted State Auditor Kathy McGuiness filed the documents Wednesday as the legal process continued in Superior Court.

In pushing for acquittal in a 39-page motion, defense attorneys laid out their case to invalidate three misdemeanor guilty findings rendered on July 1 — conflict of interest, official misconduct and structuring a contract to avoid compliance with state procurement rules.

Delaware Department of Justice spokesperson Mat Marshall declined comment on Wednesday.

The conflict of interest count was connected to Ms. McGuiness’s daughter’s employment in the auditor’s office. Among other points, the motion touched on an indictment that referenced three seasonal casual employees, including two who “had completely different roles” than the daughter did.

“No rational jury could place these individuals in the ‘same class or group of persons required to sustain a conviction ...”

The defense made arguments in the structuring charge involving contracts to My Campaign Group, maintaining, among other points, that “There is no evidence that this conduct was intended to benefit the Defendant’s own property or financial interests.”

Also, according to the filing, the prosecution “offered no evidence to prove” that Ms. McGuiness “willfully fragmented or subdivided the My Campaign Group contract and intended to avoid compliance with (Delaware Code).”

The motion also referenced instructions made by Judge William Carpenter Jr. to the jury during the trial as a supposed basis for acquittal.

The motion for a new trial covered 58 pages, and touched on, among other facets, testimony of several of the state’s witnesses that the defense continued to object to.

Regarding one, according to the motion, “The Defendant renewed her objection to the testimony as impermissible character evidence, noting that it constituted ‘death by 1,000 cuts.’ ”
Examples of purported errors made by Judge Carpenter were cited in the motion as well, along with other claims.

Ms. McGuiness was found not guilty of felony theft and intimidation charges.

Ms. McGuiness, of Rehoboth Beach, has filed for re-election as auditor, and will face fellow Democrat Lydia York, of Wilmington, in a statewide primary on Sept. 13.

Republican Janice Lorrah, of Hockessin, is on the ballot for the statewide general election on Nov. 8.

Since her conviction, several lawmakers in both the General Assembly’s House and Senate chambers have called for Ms. McGuiness to immediately resign.

Also, House Democrats have called for Gov. John Carney to remove the state auditor from office.

On July 5, Gov. Carney released a statement indicating that he would not immediately remove Ms. McGuiness from office, citing legal precedent that required an official judgment of conviction in the case.