The Review

Former AG began jail time in 2018

- By Carl Hessler Jr. chessler@21st-centurymed­ia.com @montcocour­tnews on Twitter

Disgraced former Pennsylvan­ia Attorney General Kathleen Granahan Kane’s attempts to avoid time behind bars for her 2016 perjury conviction ended in November when a state court tossed her appeal and a judge ordered her to report to jail.

Kane, 52, whose legal woes played out in a Montgomery County courtroom and dominated headlines both locally and statewide for more than two years, reported to the county jail in Lower Providence on Nov. 29 to begin 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’s life behind bars is a stark contrast to the life she once led as the first Democrat and the first woman ever elected attorney general. Instead of holding news conference­s announcing arrests in high-profile state prosecutio­ns and attending meetings with state legislator­s, Kane’s typi-

cal daily schedule as an inmate at the county jail now includes lunch before noon, dinner at 4:30 p.m. and lights out at 10 p.m.

When Kane surrendere­d to county authoritie­s last month, District Attorney Kevin R. Steele said her incarcerat­ion sent a message that “no one is above the law” and said it closed an “unfortunat­e chapter for the people of Pennsylvan­ia.”

“As the jail door shuts her in, a strong message is being sent that no one is above the law. No one. Not even the chief law enforcemen­t officer of the Commonweal­th,” Steele said in a prepared statement, just hours after Kane surrendere­d to authoritie­s.

Steele added, “justice has finally been served.”

Steele said Kane, a former Lackawanna County prosecutor who was elected attorney general in 2012, not only abused her power to serve a personal vendetta, she committed criminal acts by disclosing secret grand jury and investigat­ive informatio­n and then gave false testimony under oath to try and cover up what she had done.

In May, the Pennsylvan­ia Superior Court upheld Kane’s conviction and sentence. On Nov 26, the Pennsylvan­ia Supreme Court decided not to hear Kane’s most recent appeal, setting the stage for her to begin serving her sentence. After her conviction in 2016, Kane was permitted to remain free on bail pending the outcome of her state appeals. Judge Wendy DemchickAl­loy, on Nov. 27, ordered Kane to surrender to jail officials no later than 9 a.m. Nov. 29.

On Aug. 15, 2016, Kane, a mother of two teenage boys, 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.

Steele and co-prosecutor Michelle Henry 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 and Henry 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.

Kane resigned from her post two days after her conviction.

At Kane’s Oct. 24, 2016, sentencing hearing, Steele and Henry sought prison time against the onetime rising political star.

“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.

In her appeals, Kane cited nine allegation­s of trial error, including the denial of her pretrial motion to recuse all county judges from hearing her trial based on her contention that Judges William R. Carpenter, Carolyn T. Carluccio and Risa Vetri Ferman had close ties to the investigat­ion surroundin­g her.

Kane’s unsuccessf­ul appeals also challenged the denial of her pretrial request to dismiss the case due to “selective and vindictive prosecutio­n.”

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.

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