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State Auditor Kathy McGuiness reindicted in Kent County

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Delaware Public Media
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State Auditor Kathy McGuiness was re-indicted by a Kent County Grand Jury Monday.

The indictment is the same as the previous one in this case – two felonies: theft and misconduct, and three misdemeanors: official misconduct, violation of state officials code of conduct, and non-compliance with procurement law for a total of five counts.

State attorneys rescinded the indictment in New Castle County last week in order to change venue and avoid the possibility of dismissal over whether the case was in the proper jurisdiction.

State attorney Mark Denney argued McGuiness is a statewide official that serves and whose actions affected all three counties. But Wood countered the trial should take place in Kent County because McGuiness’ office is in Dover.

The new indictment sets up holding the trial in Kent County, but the timing of its start is uncertain.

A judge will now set a date for trial, but could be put off if Wood makes another motion to dismiss. He had previously said he planned to do so based on the delay in the start of the trial by the venue change.

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