Top Penn. Attorney General to Stand Trial for Perjury

Pennsylvania Attorney General Kathleen Kane is going to trial because she is accused of leaking secret grand jury information to the press, lying under oath, and ordering aides to illegally snoop through computer files to keep tabs on an investigation into the leak. Her aide is said to have left a  box containing the confidential documents between the door and screen that a reporter later picked up.  She is said to have leaked a confidential grand jury memo and transcript related to the Mondesire case to a news reporter to embarrass rival prosecutors involved in the case.

The detective who investigated Kane said that the leak caused Mondesire personal and family distress, and he was forced to close his charity because donations stopped after the newspaper story. Kane's main defense attorney, Gerald Shargel, said that Mondesire already lost his reputation when articles came out in 2010 regarding his bad finances and he can't lose his reputation a second time. This is another way of saying "you can't lose what you don't have."  

Mondesire was not charged with any crime in his case.

The first witness that testified at the preliminary hearing was David Peifer, who is Kane's agent in charge of special investigations. He testified that the article by the newspaper contained secret information that he gave to Kane. He also confirmed the authenticity of an email that Kane copied and sent to Peifer that contained grand jury information and the newspaper article.

The second witness was investigative detective Paul Bradbury who testified that she lied to the grand jury last November about seeing secret information Peifer gave her. He also said that Deputy Attorney General Bruce Beemer told the grand jury that Kane demonstrated that she knew confidential information.

Before these charges were brought against her, Kane had discovered hundreds of pornographic images, videos and jokes circulating around the court system related to the child sex abuse case against Penn State assistant football coach Jerry Sandusky. After she exposed this information last summer, six persons were fired, 23 were reprimanded, and two high-profile persons, including a state Supreme Court judge, resigned.  Kane claims the current charges against her are in retaliation for her part in exposing widespread misconduct within the local courts.

The perjury conviction by itself could lead to a prison sentence up to seven years. She faces other charges including false swearing, obstruction of administration of law, official oppression, and conspiracy. Her next court appearance is scheduled for October 14, 2015 for a formal arraignment. She has not entered in a plea yet, but she has publicly said that she hasn't committed any crimes.

Comments from Allen:

Is this a case of "He said, she said?"  If it can be documented, through unbiased sources, that Kane lied under oath, a bad motive from another prosecutor will not save her.  The defense of retaliation is only relevant insofar as any witness giving factual testimony against Kane is someone who has a retaliatory motive.  If the witness has no motive to lie, and is unconnected to the court turmoil caused by Kane's exposing naughty emails, Kane's exposing those emails may not even be admissible in court.  It appears the defense in this case wants to portray Kane as a hero-done-wrong by The Man, so her attorneys will be working overtime to try to find some connection between the email scandal and those willing to testify against her.  

The prosecutor in this case will try to prove as much of this case as possible through documents.

It is often said, in criminal cases, that the defendant does not have to prove anything; the prosecutor has the burden of proof on all elements of the crime charged.  While this is technically true, when there is evidence that Kane had confidential access to documents that found their way into local newspaper stories, information that supported her and made her opponents look bad, she is going to have to respond to that evidence with a very logical explanation for how that all happened.  In some cases this can be done; in some cases, a truly innocent defendant will just turn to the jury and say, "I don't know how this happened, I only know I didn't do it."  If several people had access to the information, the jury may conclude the prosecutor failed to meet its burden of proof.  On the other hand, if Kane was the only one with access to the information printed in the press, the odds are not in her favor.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:
http://6abc.com/politics/judge-holds-pa-ag-kathleen-kane-for-trial/953936/

 http://www.cbsnews.com/news/pennsylvanias-top-prosecutor-kathleen-kane-ordered-to-stand-trial/

http://www.wtae.com/news/pennsylvania-attorney-general-kathleen-kane-in-court-to-face-charges/34884858

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