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Pennsylvania’s Attorney General Is Convicted on All Counts Pennsylvania’s Attorney General Is Convicted on All Counts
(about 1 hour later)
NORRISTOWN, Pa. — Kathleen G. Kane, the attorney general of Pennsylvania, was convicted Monday night of nine criminal charges, including perjury and criminal conspiracy. NORRISTOWN, Pa. — In a stunning fall for a once-ascendant Democratic star, Kathleen G. Kane, the attorney general of Pennsylvania, was convicted Monday night of nine criminal charges, including perjury and criminal conspiracy.
It was a stunning end to the political career of Ms. Kane, once an ascendant Democratic star, whose fall came when prosecutors here accused her of leaking grand jury information, and then lying about it, in an effort to discredit a political rival. A jury found Ms. Kane, 50, guilty of leaking grand jury information, and then lying about it, in an effort to discredit a political rival.
Just hours before, Ms. Kane, whose lawyers called no witnesses in her defense, had taken her seat at the defense table for the better part of four hours listening to the closing arguments in her own trial — the latest step in a strange political spectacle that has turned Ms. Kane from a rising political star to a criminal defendant. Ms. Kane stared straight ahead as the word “guilty,” uttered decisively by a juror in a flowered dress, echoed nine times around the courtroom. The lawyers went immediately to the judge’s chambers, leaving Ms. Kane — the state’s top law enforcement official, who campaigned on a promise to uncover political interference in Pennsylvania — alone at the defense table, now a convicted criminal.
Ms. Kane, who faced nine charges, including perjury and criminal conspiracy, was accused of leaking secret grand jury documents to the news media in an effort to discredit a political rival, the prosecutor Frank Fina, and then lying to cover it up. And when Judge Wendy Demchick-Alloy returned to the courtroom, she turned directly to Ms. Kane with a stern warning, her words slicing through the silence:
“There is to be absolutely no retaliation of any kind against any witness in this case, either by your own devices, from your own mouth or your hand, or directing anybody to do anything,” Judge Demchick-Alloy said. She threatened Ms. Kane, who is currently free on bail, with immediate incarceration if she failed to comply.
“Is that clear, Ms. Kane?” asked the judge.
“Yes it is, your honor,” said Ms. Kane.
Ms. Kane was the first woman and the first Democrat to be elected to the job of the state’s top prosecutor — in a state with scant statewide female political representation. And the first half of her tenure was marked with moments that she claimed as successes, like when she closed a loophole in gun laws. But she soon became embroiled in scandal, in a state with a rich history of them.
To her detractors, she had abused her power and broken the law; to her supporters, she had rousted the state’s old-boys’ network and become a victim herself. But in court, she has been silent: Though her defense team cross-examined the prosecution’s witnesses, it rested without calling a single one of its own.
Ms. Kane, who faced nine charges, including two felony perjury counts, criminal conspiracy and obstruction, was accused of leaking secret grand jury documents to the news media in an effort to discredit the prosecutor Frank Fina, and then lying to cover it up.
“‘This is war,’ the defendant’s words,” said the lead prosecutor, Kevin Steele, in reference to an email written by Ms. Kane. “Wars have casualties. Wars leave scars.”“‘This is war,’ the defendant’s words,” said the lead prosecutor, Kevin Steele, in reference to an email written by Ms. Kane. “Wars have casualties. Wars leave scars.”
In a nearly two-hour closing statement, wrought with text messages, newspaper front pages and grand jury testimony, Mr. Steele painted a picture of Ms. Kane trying to “go on the offensive” after a newspaper article that criticized her for shutting down an undercover investigation into possible corruption by Democratic state representatives. Prosecutors say she believed Mr. Fina was behind the story. Earlier Monday, in a nearly two-hour closing statement, wrought with text messages, newspaper front pages and grand jury testimony, Mr. Steele painted a picture of Ms. Kane trying to “go on the offensive” after a newspaper article that criticized her for shutting down an undercover investigation into possible corruption by Democratic state representatives. Prosecutors say she believed Mr. Fina was behind the story.
Ms. Kane, he said, sought to leak details from a 2009 grand jury investigation into the financial affairs of J. Whyatt Mondesire, a former leader of the N.A.A.C.P., because she wanted residents to know that Mr. Fina had chosen not to prosecute. She then lied about it when a grand jury investigated, Mr. Steele said.Ms. Kane, he said, sought to leak details from a 2009 grand jury investigation into the financial affairs of J. Whyatt Mondesire, a former leader of the N.A.A.C.P., because she wanted residents to know that Mr. Fina had chosen not to prosecute. She then lied about it when a grand jury investigated, Mr. Steele said.
A defense lawyer, Seth Farber, said the state had not proved its case, urging the jurors not to take Ms. Kane’s words out of context.A defense lawyer, Seth Farber, said the state had not proved its case, urging the jurors not to take Ms. Kane’s words out of context.
“Things that the commonwealth says do not hold up to scrutiny when you look at the actual evidence,” Mr. Farber said, and cast blame instead on two prosecution witnesses: Adrian King, a former deputy to Ms. Kane, and Josh Morrow, a political strategist who was given immunity to testify.“Things that the commonwealth says do not hold up to scrutiny when you look at the actual evidence,” Mr. Farber said, and cast blame instead on two prosecution witnesses: Adrian King, a former deputy to Ms. Kane, and Josh Morrow, a political strategist who was given immunity to testify.
“Those are two witnesses who will say whatever they need to in order to protect themselves,” Mr. Farber said, adding, “You would not even buy a used car from one of them.”“Those are two witnesses who will say whatever they need to in order to protect themselves,” Mr. Farber said, adding, “You would not even buy a used car from one of them.”
Ms. Kane, who is the first woman and the first Democrat elected as Pennsylvania’s attorney general, said in the past that she had been targeted by the same old-boy network that she has sought to scrutinize. But in court, she has been silent: While her defense team cross-examined the prosecution’s witnesses, it rested without calling a single one of its own. The trial is the latest installment in a web of scandal and counterscandal, threaded with lewd emails, political rivalries and alleged leaks. It has cost other state officials, including two State Supreme Court justices, their jobs and Ms. Kane her law license. And, pending the deliberations of the jury, it could land her in prison.
The trial is the latest installment in a surly web of scandal and counterscandal, threaded with lewd emails, political rivalries and alleged leaks. It has cost other state officials, including two State Supreme Court justices, their jobs and Ms. Kane her law license. And, pending the deliberations of the jury, it could land her in prison.
“It turns on the perception that she abused her power. She is the chief law enforcement officer for the Commonwealth of Pennsylvania,” said David Zellis, a former prosecutor in Bucks County who has been observing the trial but is not involved. He added, “I think that it’s turned the whole criminal justice system in the state upside down.”“It turns on the perception that she abused her power. She is the chief law enforcement officer for the Commonwealth of Pennsylvania,” said David Zellis, a former prosecutor in Bucks County who has been observing the trial but is not involved. He added, “I think that it’s turned the whole criminal justice system in the state upside down.”
Ms. Kane was elected in 2012 after she campaigned with a promise to review the investigation into Jerry Sandusky, the assistant football coach for Penn State who was convicted of sexual abuse, which was led by the attorney general at the time, Tom Corbett, and Mr. Fina. She did not find evidence of political interference, but Ms. Kane did find that lewd and racist emails had been exchanged by state officials, and began to release them to the news media.Ms. Kane was elected in 2012 after she campaigned with a promise to review the investigation into Jerry Sandusky, the assistant football coach for Penn State who was convicted of sexual abuse, which was led by the attorney general at the time, Tom Corbett, and Mr. Fina. She did not find evidence of political interference, but Ms. Kane did find that lewd and racist emails had been exchanged by state officials, and began to release them to the news media.
She has said that some in the state’s male-dominated political establishment have concocted her political difficulties to retaliate for the disclosures and to prevent more emails from being leaked.She has said that some in the state’s male-dominated political establishment have concocted her political difficulties to retaliate for the disclosures and to prevent more emails from being leaked.
After the article criticizing Ms. Kane was published in The Philadelphia Inquirer in March 2014, prosecutors said, she orchestrated the release of information from the grand jury investigation — which is secret by law — to The Philadelphia Daily News. In doing so, prosecutors said, she asked her political consultant, Mr. Morrow, to pick up an envelope from the home of her deputy and deliver it to a reporter. Ms. Kane’s lawyer, Mr. Farber, denied that she had orchestrated a leak and lied to a grand jury to cover it up, and he played down the power of her office.
In court, Mr. Steele played a recording of a conversation between Mr. Morrow and a person he called for advice. Since being charged, Ms. Kane continued to work as attorney general despite being stripped of her law license by the Pennsylvania Supreme Court, and ignored calls from the state’s Democratic governor, Tom Wolf, for her to step down.
“Kathleen is, like, unhinged,” Mr. Morrow said on the tape, adding, “Instead of having a strategy to do this, it’s like, let me just throw everything at the wall and see what sticks.”
Mr. Steele also showed text messages between Mr. Kane and Mr. Morrow.
“Where’s my story?” asked Ms. Kane, at one point. “I’m dying here while you’re out drinking.”
The article ran that June and, Mr. Steele said, Mr. Mondesire, who had not been charged, was never the same.
Ms. Kane’s lawyer, Mr. Farber, denied that she orchestrated a leak and that she lied to a grand jury to cover it up, and he played down the power of her office.