For­mer AG Kane re­mains free as ap­peals process con­tin­ues


More than a year af­ter she was sen­tenced to prison for leak­ing grand jury in­for­ma­tion, for­mer at­tor­ney gen­eral Kath­leen G. Kane re­mains free as she con­tin­ues to ap­peal sev­eral is­sues in her case.

Mont­gomery County prose­cu­tors re­cently filed a re­ply op­pos­ing Kane’s at­tempt to over turn her Au­gust 2016 con­vic­tion for per­jury and sev­eral other of­fenses for leak­ing in­for­ma­tion about a 2009 grand jury probe to a Philadel­phia news­pa­per. She was sen­tenced in Oc­to­ber 2016, re­ceiv­ing 10 to 23 months in prison.

Dur­ing her trial, prose­cu­tors al­leged Kane ,51, of Waverly Twp., Lack­awanna County, leaked the in­for­ma­tion to em­bar­rass for­mer at­tor­ney gen­eral em­ploy­ees Frank Fina and Marc Costanzo, who led the 2009 grand jury in­ves­ti­ga­tion. She did so be­cause she blamed them for an­other news­pa­per story that ques­tioned her de­ci­sion not to file charges against sev­eral Philadel­phia leg­is­la­tors ac­cused of ac­cept­ing bribes.

Kane’s ap­peal be­fore the Su­pe­rior Court ar­gues the trial judge, Wendy Dem­chick­Al­loy, made sev­eral er­rors, in­clud­ing deny­ing her mo­tion to dis­miss the case based on claims the grand jury probe of her was il­le­gal and be­cause she was the vic­tim of se­lec­tive pros­e­cu­tion.

Kane also faulted the judge for re­fus­ing to al­low her to men­tion she un­cov­ered ev­i­dence that Fina and Costanzo were in­volved in dis­tribut­ing porno graphic emails through the at­tor­ney gen­eral’s of­fice server. She never re­leased that in­for­ma­tion, which she main­tains sup­ports her po­si­tion that she was not seek­ing to re­tal­i­ate against the men.

In a le­gal brief op­pos­ing the ap­peal, Mont­gomery County District At­tor­ney Kevin Steele says Kane has raised “a prover­bial kitchen sink” of ar­gu­ments, none of which have merit.

The Su­pe­rior Court will re­view fil­ings in the case and is­sue a rul­ing at a later date.

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