Former Del. Auditor appealing charges

DELAWARE – Former Delaware Auditor Kathy McGuiness is appealing her charges of official misconduct and conflict of interest, claiming the prosecution did not conduct a fair trial.

McGuiness is arguing that the prosecution violated a precedent set in Brady v. Maryland, which requires prosecutors to turn over evidence that might exonerate the defendant. McGuiness found the court in violation by waiting six weeks before trial to disclose over 500,000 digital files that were in the court’s possession for more than six months. The argument then claims the court failed to disclose any exculpatory material to McGuiness. Another argument claims this case’s Chief Investigator, Frank Robinson, swore to a demonstrably false probable cause affidavit, which is in violation of Franks v. Delaware.

47 ABC reached out to Delaware Attorney General Kathy Jennings, who said the following:

“Our staff the head of our division of civil rights and public trust and others in the office did an outstanding job presenting the case and I am confident that they disclosed everything that should be disclosed to the defense as is our constitutional obligation. She will seek to overturn the conviction, we will seek to have that conviction stand.”