By Craig Anderson

WILMINGTON — It turns out that the criminal corruption trial of Delaware’s state auditor won’t be held in New Castle County after all.

That was the state’s decision Tuesday: to dismiss all charges against Kathy McGuiness and then seek a reindictment on the same counts through a Kent County grand jury in Dover next week.

The change in plans was prompted by defense attorney Steve Wood’s objection Tuesday to holding the trial at the Leonard L. Williams Justice Center in Wilmington. According to Mr. Wood, prosecutors hadn’t properly established that any alleged offenses occurred in New Castle County. He then sought a dismissal of the original indictment, which was not granted.

The Attorney General’s Office argued that Ms. McGuiness’ alleged actions affected Delawareans throughout the state, thus making the New Castle County courthouse an acceptable trial location, though she works in Dover.

Attorneys presented their cases before Superior Court Judge William Carpenter Jr. on Tuesday, and the prosecution ultimately made its bid for a move to the Kent County Courthouse in Dover.

On Wednesday, Judge Carpenter announced the change in venue and that the AG intended to seek a reindictment in Dover. If an indictment is returned, according to the judge, counsel would then meet with the court to establish a trial schedule.

Deputy Attorneys General Mark Denney, Maria Knoll and Nicole Mozlee said in a letter to the judge Tuesday that the state hadn’t “reached out to Kent County Resident Judge Jeffrey Clark and would not presume to speak for the Court.”

“From the Kent County Department of Justice’s perspective, this case could be added this Monday (June 6) and the parties would be able to select and seat a jury.”

Members of the prosecution and defense teams are under a gag order by the judge and prohibited from speaking publicly about the case.

But in its letter to the judge, New Castle County prosecutors said they have communicated with the AG’s Kent County office and with most of the witnesses they plan to present at trial.

More than 100 individuals are scheduled to appear in a grand jury pool Monday morning, and the letter said, “The Kent County prosecutors have confirmed that this case could be added to the jury pool without unduly hindering their scheduled case load.”

Prosecutors said they’ll be ready to present their case to the grand jury Monday and “respectfully” suggested that a jury be selected that day. The jurors would then be available later in the week as needed, based on any motion to dismiss arguments.

The charges would remain the same, the prosecution said. Ms. McGuiness is charged with felony theft and act-of-intimidation counts, along with misdemeanor conflict of interest as a violation of the state officials’ code of conduct, structuring as noncompliance with procurement law and official misconduct offenses.

Ms. McGuiness, who was originally indicted in October 2021, has pleaded not guilty to all the charges.