Ex Del. State Auditor Kathy McGuiness suing Del. DOJ leaders for defamation
DELAWARE – Embattled former Delaware state auditor Kathy McGuiness filing a civil lawsuit against Attorney General Kathy Jennings, as well as other members of the Delaware Department of Justice (Del. DOJ). McGuiness was convicted of official misconduct and conflict of interest in 2022; shortly after her sentencing, McGuiness resigned.
Civil Suit Filed
This latest lawsuit alleges that the Del. DOJ’s Chief Investigator, Frank Robinson, used false information in the search warrant affidavit that lead to McGuiness’ eventual indictment. Jennings, and prosecutor Mark Denney, are accused of slandering McGuiness at a press conference announcing the criminal charges.
During McGuiness’ trial, Robinson admitted during questioning that he knew information in the affidavit was false, and used it anyway.
“Frank Robinson, provided a sworn affidavit to a judge, with false information, to secure a search warrant against the former auditor,” said Ron Poliquin, the attorney representing McGuiness in the civil suit. “That information led to a search warrant, led to an indictment, led to statements by Mark Denney, and Attorney General Kathy Jennings at a press conference where they announced those criminal charges.”
Demanding Damages
Poliquin says his client’s reputation and career were damaged. The civil suit also claims that McGuiness suffered financial losses.
“Nothing that happens in this suit will put Kathy McGuiness back where she was, prior to these false allegations. She was previously the state auditor, she held elected office, and essentially this suit led to her ouster,” Poliquin said. “Her reputation was damaged. She was seen as someone who manipulated the system by coming into a sweetheart deal with a professional service contracting group – all of which was later proven false.”
However, McGuiness’ attorney asserts that this case is bigger than just his client.
“What’s unusual in this case, is that the parties that brought the charges knew they had false information prior to bringing the charges; meaning, they had information at the time these charges were brought,” said Poliquin. “The public is owed by law enforcement that they will only bring charges based on the facts, and those facts have to fit those charges. And, that’s not what happened here.”
McGuiness is asking for a jury trial in this matter; seeking punitive damages, attorney fees, interest and costs of suit, and an official ruling from a judge that Jennings, Denney, and Robinson defamed McGuiness.
Delaware DOJ Responds
Mat Marshall, Communications Director for the Del. DOJ called the lawsuit “yet another sad, desperate, and wasteful attempt by the ex-Auditor to change the consequences of her actions,” in a statement to 47 ABC WMDT.
Marshall also wrote, “We’ve heard this tirade before. It was rejected and she was convicted by a jury of her peers. That she continues to proclaim her innocence is not news.”
