Delaware DOJ decides not to retry former State Auditor Kathy McGuiness

DOVER, Del. – The Delaware Department of Justice (DOJ) has decided not to retry former State Auditor Kathy McGuiness after one of her convictions was reversed earlier this year by the State Supreme Court.

McGuiness appealed her charges of official misconduct and conflict of interest to the Delaware Supreme Court. In February, the court ruled to remand one of the charges while upholding the other.

The court’s ruling stated: “Notwithstanding the defendant’s inflamed rhetoric, the record amply demonstrates that she received a fair trial.”

Now, months later following the court’s ruling on the appeal, the DOJ has confirmed that they do not intend to retry McGuiness.

“The State will not seek to again convict the ex-Auditor,” explained the DOJ’s Matt Marshall in a statement. “A jury found her guilty three times; dragging the witnesses back to trial would have little practical purpose, at the expense of both the Court’s time and the whistleblowers’ peace. Delawareans moved on almost two years ago. We have, too.”

As part of the appeal, McGuiness’ attorneys argued that the prosecution violated a precedent set in Brady v. Maryland, which requires prosecutors to turn over evidence that might exonerate the defendant.

47 ABC News reached out to McGuiness’ Attorney Steven Wood who issued the following statement, saying: “Ms. McGuiness is glad to put this matter behind her and move forward.”