The trial for State Auditor Kathy McGuiness is postponed another day, but it could be longer than that.
A battle over the trial’s venue prompted the delay after McGuiness’ attorney Steven Wood argued to dismiss the charges because the State Auditor’s office is in Dover and so the trial should be in Kent County.
The two sides filed letters with Superior Court over the weekend arguing the venue issue.
Judge William Carpenter would not dismiss the case, but says the venue issue is a concern. State prosecutors are pushing to keep the trial in New Castle County. If it is moved, the state will have to refile an indictment.
In a letter to Judge Carpenter, Division Director of the Civil Rights and Public Trust at the DOJ Mark Denney said McGuiness is a statewide representative that serves and whose actions affected all three counties. Further – the Delaware Superior Court is a court with statewide jurisdiction.
Denney also notes a New Castle County venue is appropriate because My Campaign Group is based there, arguing the actions allegedly took place in New Castle County, at least in part.
Wood, however, says the state’s indictment does not conclude that any offenses occurred in New Castle County or even in Delaware at all. He adds venue is an essential fact of every offense, and the state cannot fix a “charging deficiency,” because it would vary from the indictment.
McGuiness is charged with two felonies: theft and acts of intimidation and three misdemeanors: a conflict of interest, noncompliance with procurement law, and official misconduct.
Court will reconvene at 9 a.m.Wednesday, and the judge will decide whether to accept Wood’s motion to change venue.
