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October 24, 2016

Former Pennsylvania AG sentenced to 10-23 months in prison following jury convictions for perjury and obstruction of justice

I have not closely followed developments surrounding the political downfall and criminal prosecution of former Pennsylvania Attorney General Kathleen Kane.  But today this matter involved some interesting sentencing stories and drama, as reported via this lengthy local article headlined "Despite plea for leniency, Kane gets 10-23 months in jail."  Here are excerpts:

Former Pennsylvania Attorney General Kathleen Kane was sentenced Monday to 10 to 23 months in jail for orchestrating an illegal news leak to damage a political enemy, capping a spectacular downfall for a woman once seen as one of the state's fastest-rising stars.

"The case is about ego, ego of a politician consumed by her image from Day 1," Judge Wendy Demchick-Alloy told Kane at the end of a five-hour hearing in Norristown. "And instead of focusing solely on the business of fighting crime, the focus was battling these perceived enemies . . . and utilizing and exploiting her position to do it."

A tearful Kane pleaded for leniency, urging the judge to consider the impact on her sons. "I would cut off my right arm if they were separated from me and I from them," she said. "Please sentence me and not them."   But Demchick-Alloy was not swayed. "It's a shame that they had to go through all of this," she told Kane. "But that's a decision you made, not this court."

Unable to immediately post $75,000 bail, Kane was led in handcuffs from the courtroom to the Montgomery County Correctional facility in Eagleville.  She was released hours later — and might not have to return anytime soon. She will remain free on bail until she exhausts her state appeals, a process that could take months.

Still, the sentencing marked a bitter end to a career that drew national attention after Kane, a political neophyte and Scranton-area prosecutor, in 2012 became the first Democrat and woman to be elected as attorney general of Pennsylvania. Over hours on Monday, the judge heard Kane's supporters — including her son — extol her accomplishments and describe how devastating her conviction has been.

But Montgomery County prosecutors countered by calling to the stand Kane's current and former colleagues, who testified how she let a personal feud and paranoia poison the state's top law enforcement office and plunge it into disarray.

Erik Olsen, a top prosecutor, said he was thrilled when Kane won election, thinking her victory would bring a much-needed fresh perspective to an office he said had at times been "misogynistic and mean-spirited."  Instead, he testified, "through a pattern of systematic firings and Nixonian espionage, she created a terror zone in this office."

Kane's first year was marked by political and public relations successes.  She drew attention for her stands in support of marriage equality and gun control and for crippling Republican Gov. Tom Corbett's move to privatize the lottery — all positions her lawyer cited Monday in arguing for house arrest.  But after her star began to dim in 2014, she leaked confidential grand jury material to a newspaper in a bid to embarrass a political enemy, and then lied about her actions under oath. The ensuing two years became a bitter war, often played out through legal filings or public statements, that at times entangled government officials, Supreme Court justices, and the legislature.

At a trial in August, a jury found her guilty of perjury, obstruction and other charges.  She resigned a day later.

In her plea to the judge, Kane did not directly apologize for her crimes but rather for the consequences of her actions, saying she never intended to hurt anyone and was sorry if Pennsylvanians had lost a sense of trust in the attorney general's office. But her appeal for house arrest was a personal one: A 50-year-old mother in the throes of a divorce, she said a sentence sending her to prison could devastate her sons, 14 and 15....

Kane's lawyer, Marc R. Steinberg, said Kane's unprecedented fall from grace had been a punishment in itself. "She stands a convicted felon subject to public shame and public humiliation," he said.  Steinberg also argued Kane could be in danger behind bars, a prediction echoed by Frank V. DeAndrea Jr., a former Hazleton police chief who raised the specter of drug gangs ordering a prison hit and told the judge incarceration could be a "death sentence" for the former prosecutor.

Demchick-Alloy retorted: "When you unfortunately dirty yourself with criminal behavior, you assume that risk."

Prosecutors had sought a stiff prison term, pointing to the impact of Kane's crimes and the office culture of fear and paranoia that developed under her tenure. A former state prosecutor, Clarke Madden, testified that Kane's wrongdoing caused the State Police and the FBI to refuse to cooperate with their office, discouraged victims and witnesses from being helpful to their cases and led judges and defense lawyers to subject prosecutors to sarcastic and sniggering remarks....  After the sentencing Monday, Montgomery County District Attorney Kevin R. Steele and fellow prosecutor Michelle Henry told reporters they were satisfied with the outcome. "We suggest that is a significant sentence," Steele said. "Nobody is above the law."

October 24, 2016 at 09:32 PM | Permalink

Comments

I truly feel sorry for her sons, and it is sad she is getting a divorce, but her actions were awful. When government officials abuse their power (see, e.g., John Chisholm in Wisconsin--curious Doug that you've never commented on that one given your "commitment to freedom," which seems curiously never to touch threats to the First Amendment), the punishment should be severe, so as to deter others who would abuse a free citizenry.

The judge's response, by the way, has no place in sentencing. Yes, criminals "assume the risk" of violence in prison---but it is the job of the government to prevent it, and taunting a criminal with the possibility of extra-judicial punishment is personally revolting. Of course, Kane ought to think about how her gun control stance (while AG, in the face of Pennsylvania's gun rights, not all that appropriate) could make people vulnerable to crime---now the shoe is on the other foot.

Posted by: federalist | Oct 25, 2016 9:51:04 AM

I believe she cold have received up to 12 years for her crimes. I don't think she should serve 12 years, but given her status as the state's top law enforcement official and the nature of her crimes, why shouldn't she?

She also promoted her sister within the agency. Maybe this is no crime, but it shows that she was a dirty politician. Who are these 12 year sentences reserved for?

Posted by: justme | Oct 25, 2016 2:19:20 PM

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