DOJ WILL NOT RETRY FORMER STATE AUDITOR FOR REVERSED CONVICTION
Delaware’s Department of Justice says it will *not* retry former state auditor Kathy McGuiness. A retrial *was* an option after the state supreme court overturned one of McGuinness’s convictions in February. McGuiness was convicted of three misdemeanors in July 2022 – conflict of interest, official misconduct, and non-compliance with procurement law by structuring. The structuring charge was dropped before sentencing in October 2022. She appealed the other convictions in March – and Delaware’s highest court reversed the conviction on official misconduct.
The state supreme court’s decision left the DOJ the option to retry McGuiness on that charge, but DOJ spokesperson Mat Marshal says in a statement that a jury found her guilty three times, and dragging the witnesses back to trial would have little practical purpose, at the expense of both the court’s time and the whistleblowers’ peace.
