Kathleen Kane, former Pa. attorney general, sentenced for probation violation
She will be paroled directly to a Chester County residential treatment program
NORRISTOWN » Former Pennsylvania Attorney General Kathleen Granahan Kane will spend the next four years under court supervision and must complete a substance abuse treatment program after she admitted to violating probation related to her 2016 perjury conviction with a new arrest for drunken driving in Scranton, Lackawanna County.
Kane, 55, showed no emotion Monday as Montgomery County Judge Wendy Demchick-Alloy accepted an agreement reached between prosecutors and Kane’s lawyer that will allow her to be immediately paroled to a Chester County residential treatment program.
“I was not anticipating seeing you again but that’s been your choice, not mine. So, here we are,” DemchickAlloy addressed Kane at the start of the violation hearing. “I’m inclined to accept this sentence, this agreement.”
Under the agreement, Kane was sentenced to 2 months already served to 12 months in jail and given credit for 45 days she spent at Brookdale Premier Addiction Recovery in Monroe County between March 15 and April 29 and 25 days she spent in the Montgomery County Correctional Facility while awaiting the violation hearing.
The judge also ordered Kane to complete three years’ probation following parole, meaning she will be under court supervision for a total of four years.
Kane will be paroled directly to Thornbury Farm House in Chester County, a long-term residential care program that focuses on changes that need to be made in thoughts and behaviors in order to stay clean and sober, the judge explained. The average stay at the facility is 3 to 6 months, officials said.
“Upon meeting with the defendant, it appears that she is humbled by the current events in her life,” said Demchick-Alloy, reading directly from a report issued by county probation officials. “She admitted that stressors in her life became overwhelming, resulting in where she is today. Additionally, the defendant acknowledged her need and desire for continued treatment.”
Kane declined the opportunity to make a statement in court before learning her fate.
Deputy District Attorney Kelly Lloyd explained prosecutors agreed to the sentencing recommendation made by probation officials.
“She clearly has some substance abuse issues that she’s battling, alcohol related,” Lloyd said. “She did go into some inpatient treatment immediately after the DUI occurred and then we wanted to address those substance abuse issues even further once she gets paroled.”
Defense lawyer Marc Steinberg said he was pleased that the judge followed the probation officer’s recommendation.
“The judge is concerned that Kathleen continues to get some care and treatment for the issues that she has. The judge remained concerned about her and wants to see her do well and not come back to Montgomery County,” Steinberg said. “She has been humbled by this experience and I believe that she won’t be back here again.”
In November 2018, Kane, whose legal woes played out in a county courtroom and dominated headlines both locally and statewide for more than two years, began serving a 10-to-23-month sentence in connection with her August 2016 conviction of charges 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.
Kane was released from jail in July 2019 after completing eight months of her sentence and receiving credit for good behavior.
However, after her release, Kane still had to serve eight years of probation, part of her original 2016 sentence, meaning she was under county court supervision until 2024.
But Kane’s March 12 arrest for alleged DUI in Scranton triggered the probation violation and her latest legal woes in county court.
Kane also faces a preliminary hearing on May 26 on the DUI charge in Scranton.
Kane, a former Lackawanna County prosecutor, was elected attorney general in 2012 and was the first Democrat and the first woman ever elected to the post.
On Aug. 15, 2016, Kane, a mother of two, was convicted of charges of perjury, obstructing administration of law, official oppression, false swearing and conspiracy. The jury determined Kane 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.
County District Attorney Kevin R. Steele argued Kane did so to exact “revenge” on a former state prosecutor with whom she was feuding.
At trial, prosecutors argued Kane’s quest for revenge took root on March 16, 2014, when she read a Philadelphia Inquirer article that was “critical” of her for failing to pursue criminal charges against some Philadelphia politicians and for shutting down a sting operation which was led by a former state prosecutor, Frank Fina.
During the trial, witnesses testified Kane believed Fina was responsible for the negative publicity.
To retaliate against Fina, Steele alleged, Kane orchestrated the release to a reporter of a memo, emails and the transcript of an interview pertaining to the 2009 Investigating Grand Jury No. 29, an investigation that centered on a Philadelphia civil rights official, which Fina supervised and then didn’t pursue charges. Prosecutors argued the civil rights official, who was never charged with any crime, was harmed by the release of the grand jury information.
Kane also was convicted of lying to the 35th statewide grand jury in November 2014 to cover up her leaks by lying under oath when she claimed she never agreed to maintain her secrecy regarding the 2009 grand jury investigation.
Prosecutors said they discovered evidence that Kane signed a so-called “secrecy oath” on her second day in office on Jan. 17, 2013, promising her secrecy for statewide investigating grand juries one through 32. The oath compelled Kane to maintain the secrecy of all matters occurring before past and present statewide grand juries, prosecutors alleged.
Kane did not testify at her trial.
But throughout the investigation, Kane claimed she did nothing wrong and implied the charges were part of an effort to force her out of office because she discovered pornographic emails being exchanged between state employees on state email addresses.
Kane resigned from her post two days after her conviction.
On Oct. 24, 2016, Demchick Alloy sentenced Kane to the 10-to-23-month jail term, to be followed by eight years of probation.
Initially, Kane was permitted to remain free on bail pending the outcome of her state court appeals.
In May 2018, the Pennsylvania Superior Court upheld Kane’s conviction and sentence. The following November, the Pennsylvania Supreme Court decided not to hear Kane’s final appeal, setting the stage for her to begin serving her sentence.
At that time, DemchickAlloy ordered Kane to surrender to jail officials on Nov. 29, 2019.