Prosecution, defense lay out opening statements as McGuiness trial begins

By Craig Anderson
Posted 6/14/22

DOVER — In opening statements Tuesday, attorneys laid out quite conflicting views on what will ultimately decide the fate of State Auditor Kathy McGuiness in the coming days of her trial.

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Prosecution, defense lay out opening statements as McGuiness trial begins

Posted

DOVER — In opening statements Tuesday, attorneys laid out quite conflicting views on what will ultimately decide the fate of State Auditor Kathy McGuiness in the coming days of her trial.

Said defense attorney Steve Wood, “Kathy McGuiness is not guilty. She is here because the state’s investigation of her has been biased since the beginning.”

Mr. Wood focused extensively on the supposed untruths in a search warrant used to search the auditor’s office.

Then there was the hiring of Ms. McGuiness’ daughter and best friend as casual-seasonal employee under her supervision. Ms. Wood said evidence would show that they replaced employees who left office.

Also, while the prosecution alluded to a lack of emails the daughter sent from her state of Delaware account, Mr. Wood pointed to upcoming evidence. That evidence would include, he said, social media and personal email accounts the daughter worked on and through, along with work done while out of office.

Ms. McGuiness’ daughter Saylar is expected to testify at the trial.

According the Deputy Attorney General Mark Denney, however, the state auditor hired her daughter and friend after other employees left their casual-seasonal jobs due to a lack of work as COVID-19 arrived in March 2020. The two newcomers were hired without the positions being advertised, he said. The moves amounted to a misdemeanor conflict of interest offense, according to the DAG.

“Ms. McGuiness ran the office as if it was a family business,” said Mr. Denney, who also maintained that Ms. McGuiness put state of Delaware money into the pockets of her family and friends.

As listed in an indictment against Ms. McGuiness, Mr. Denney outlined a no-bid contract and the supposed improper way it was structured to be awarded to the My Campaign Group, which earlier assisted her run to win the state auditor’s election.

At other times, Mr. Denney said she surveilled employees electronically as a case against her continued and suppressed would-be whistleblowers opportunity to step forward.

“The laws of our state exist to protect everyone in our state,” he said. “And the laws our state apply to everyone in our state. That is true no matter who you are whether you are a doctor, a police officer, a millionaire or one of the most powerful people in this state, the Auditor of Accounts.

“No one is above the law.”

Witness testimony centered around state employees with human resources and information technology duties. Saylar McGuiness’ pay and time spent working her casual-seasonal job was at particular issue, along with questions on how she worked remotely

The state auditor is charged with conflict of interest: violation of the state officials’ code of conduct, felony theft, misdemeanor structuring: non-compliance with procurement law, misdemeanor official misconduct, and felony theft. She pleaded not guilty to all charges.

As the session ended at 4:45 p.m., Judge William Carpenter Jr. announced that the trial would be scheduled from 9:30 a.m. to 4:30 p.m. on Wednesday and Thursday. The trial will not be held on Friday and Monday.

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

Ms. McGuiness, a Democrat, was elected to office in 2018 and has filed to run for the office again. Janice Lorrah, a Republican, has also filed to run. The General Election will be held on Nov. 8.

Staff writer Craig Anderson can be reached at 302-741-8296 or canderson@iniusa.org. Follow @DSNAnderson on Twitter.

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