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Prosecutors Seek To Jail Kane After Court Declines To Hear Appeal

November 27, 2018
Prosecutors Seek To Jail Kane After Court Declines To Hear Appeal

The Montgomery County District Attorney’s Office will seek to revoke former Attorney General Kathleen Kane’s bail today after the state Supreme Court declined to hear the appeal of her conviction for leaking grand jury information and lying about her actions.

The state’s highest court handed down a paragraph-long order Monday denying to hear the appeal. Hours later, prosecutors announced their intent to enforce Kane’s 10- to 23-month-long prison sentence.

“We will file a motion to revoke bail ... as she no longer has a legal right to bail pending appeal,” the Montgomery County District Attorney’s Office posted on Twitter on Monday night.

Kane, 52, of Waverly Twp. and her attorney, Joshua Lock, did not return messages seeking comment Monday night.

Kane has been free since her August 2016 conviction. A jury found her guilty of perjury and several other offenses for leaking information about a 2009 grand jury probe of a Philadelphia man to a newspaper.

Prosecutors alleged Kane leaked the information to embarrass former attorney general employees Frank Fina and Marc Costanzo, who led the 2009 grand jury investigation. She did so because she blamed them for another newspaper story that questioned her decision not to file charges against several Philadelphia legislators accused of accepting bribes.

Montgomery County Judge Wendy Demchick-Alloy sentenced Kane in October 2016, but allowed her to remain free on bail pending the outcome of appeals.

The state Superior Court upheld Kane’s conviction in May. The court rejected Kane’s arguments, including that evidence against her was illegally obtained, that she was the victim of selective prosecution and that she should have been allowed to present evidence about Fina’s and Costanzo’s involvement in a pornographic email scandal within her office.

In June, Kane’s attorneys asked the Supreme Court to hear an appeal of that decision, but that court is not obligated to take cases.

Kane won election as attorney general in 2012, making her the first Democrat and the first woman elected to the position, and took office in January 2013. She resigned after her conviction in August 2016.

Contact the writer:

cover@timesshamrock.com

570-348-9100 x5363; @ClaytonOver

tbesecker@timesshamrock.com

570-348-9137; @tmbeseckerTT

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