KANE SENT TO JAIL

Daily Local News (West Chester, PA) - - THE MERCURY - By Carl Hessler Jr. chessler@21st-cen­tu­ry­media.com @Mont­coCourtNews on Twit­ter

Find­ing for­mer Penn­syl­va­nia At­tor­ney Gen­eral Kath­leen Kane’s ac­tions were “de­lib­er­ate, cal­cu­lated and venge­ful,” a judge im­posed a jail sen­tence against the one­time top law en­forcer on per­jury and abuse of power charges.

“When per­jury oc­curs it’s the ul­ti­mate as­sault on the ju­di­cial sys­tem,” Mont­gomery County Judge Wendy Dem­chick-Al­loy said Mon­day as she sen­tenced Kane to 10 to 23 months in the county jail. “This de­fen­dant, the chief law en­force­ment of­fi­cial in Penn­syl­va­nia, with her hand on the Bi­ble ... un­der­mined the in­tegrity of the court sys­tem, the crim­i­nal jus­tice sys­tem, which she iron­i­cally orig­i­nally swore to pro­tect and de­fend.

“This case is about the oath, the sanc­tity of the oath as the back­bone of our ju­di­cial sys­tem. With­out the oath, we have noth­ing,” Dem­chick-Al­loy added.

With an ad­di­tional eight years of pro­ba­tion, Kane will be un­der court su­per­vi­sion for 10 years.

Kane, 50, a for­mer Lack­awanna County pros­e­cu­tor who was elected at­tor­ney gen­eral in 2012 and once was con­sid­ered a ris­ing star among Democrats, stood stone-faced as she learned her fate.

Mont­gomery County District At­tor­ney Kevin R. Steele, who ar­gued for time be­hind bars for Kane, said the jail term is “sig­nif­i­cant” and sends a strong mes­sage.

“I think this is im­por­tant, that no­body is above the law. It was dif­fi­cult on the re­sources of the district at­tor­ney’s of­fice to in­ves­ti­gate the chief law en­force­ment of­fi­cer of the state. We man­aged to do that through the hard work of many peo­ple and what’s clear from this is that no­body is above the law,” Steele said af­ter­ward.

Kane’s lawyer, Marc Robert Stein­berg, asked the judge to al­low Kane to re­main free on bail pend­ing an ap­peal of her con­vic­tion, cit­ing a law that al­lows bail, un­der cer­tain con­di­tions, for those sen­tenced to terms un­der two years.

“She is not a flight risk. She’s not go­ing any­where. She’s no dan­ger to the com­mu­nity,” said Stein­berg, who had ar­gued for a sen­tence of pro­ba­tion or house ar­rest for Kane.

The bail re­quest was op­posed by Steele and co-pros­e­cu­tor Michelle Henry.

In the end, the judge in­creased Kane’s bail to $75,000 cash and Kane was taken by sher­iff’s deputies in hand­cuffs to the county jail. Kane’s fam­ily was ex­pected to post that bail later Mon­day evening.

On Aug. 15, Kane, the first Demo­crat and the first woman ever elected at­tor­ney gen­eral, was con­victed of charges of per­jury, ob­struct­ing ad­min­is­tra­tion of law, of­fi­cial op­pres­sion, false swear­ing and con­spir­acy. The jury de­ter­mined she or­ches­trated the il­le­gal dis­clo­sure of se­cret grand jury in­for­ma­tion to the me­dia and then en­gaged in acts de­signed to con­ceal and cover up her con­duct. Steele and Henry al­leged Kane did so to ex­act “re­venge” on a for­mer state pros­e­cu­tor with whom she was feud­ing.

“What I strug­gle with here, is she knew bet­ter. She knew bet­ter,” Steele ar­gued. “But know­ing bet­ter didn’t mat­ter when it came to re­tal­i­a­tion, when it came to vin­dic­tive­ness.”

“What this de­fen­dant did was dis­grace­ful. She put her own de­sire for per­sonal re­venge above ev­ery­thing else, above the cit­i­zens of this state, above the hard­work­ing pros­e­cu­tors and the staff of the at­tor­ney gen­eral’s of­fice. Ev­ery­body de­served bet­ter,” Henry added. “To­day, when she was taken out of the court­room in hand­cuffs there was fi­nally jus­tice and I’m happy to see

DAN GLEITER/PENNLIVE.COM VIA AP, POOL

For­mer Penn­syl­va­nia At­tor­ney Gen­eral Kath­leen Kane leaves court in hand­cuffs af­ter her sen­tenc­ing at the Mont­gomery County Court­house in Nor­ris­town Mon­day. Kane was sen­tenced to 10-to-23 months in county prison and eight years pro­ba­tion. In Au­gust, Kane was found guilty of felony per­jury and an as­sort­ment of mis­de­meanors re­lated to a leak of se­cret grand jury ma­te­ri­als.

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