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McGuiness trial postponed indefinitely for change of venue

James Dawson/Delaware Public Media

The trial for State Auditor Kathy McGuiness is postponed indefinitely.

Prosecutors moved today (Wed.) to abandon trying the case in New Castle County and re-indict McGuiness on corruption charges in Kent County.

The effort to switch venues comes after McGuiness’ attorney Steven Wood sought to dismiss the case Tuesday - arguing it should be held in Kent County because the State Auditor’s office is in Dover.

Judge William C. Carpenter would not dismiss the case, but said the venue issue raised concerns.

Carpenter announced Wednesday the State will not prosecute McGuiness in New Castle County, and intends to submit the case to the Kent County Grand Jury on Monday, June 6.

If an indictment is returned, the Court will establish a new date for trial in Kent County.

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.

Wood declined to comment and the Delaware Department of Justice has not yet responded to a request for comment.

Rachel Sawicki is Delaware Public Media's New Castle County Reporter. They are non-binary and use they/them pronouns.