The Department of Justice filed a response to State Auditor Kathy McGuiness’ motions to dismiss the charges against her and for a new trial on Monday afternoon.
McGuiness was found guilty of three misdemeanors in her public corruption trial earlier this month.
State prosecutor Mark Denney says McGuiness did receive a fair trial – disputing claims that the state committed any Brady violations by withholding or delaying the deliverance of evidence to the defense, or that improper character evidence swayed the jury’s decision.
The state reveals several pieces of evidence in the response that Judge William Carpenter decided would be excluded from trial — all in McGuiness' favor, supporting the state's claim that she received a fair trial.
This includes evidence that McGuiness entered another no-bid contract in summer 2020 where invoices were similarly resubmitted to avoid compliance with procurement code.
On the campaign end, testimonials from employees that may have testified to political work and office spending were excluded, and State’s evidence revealing that McGuiness awarded employees who participated in political events with comp time.
Information from McGuiness’ and her daughter’s computers and e-records requests outside the State enterprise were also excluded.
On the Brady violations, Denney notes that McGuiness and her legal team argued in mid-May that the evidence turned over by the state was untimely, but the argument was rejected in a hearing prior to the trial. She also declined when the court offered additional time to search and review documents and initially asked for expedited scheduling.
McGuiness, "is not entitled to a CliffsNotes version of the discovery – especially when so much of it is the Defendant's own communications," the state's response says.
The state also objected to McGuiness’ claims she was unfairly prejudiced. Denney refers to her attorney Steve Wood’s questioning of Chief Investigator Frank Robinson, which the court ruled was repetitive and unfair because Wood implied Robinson was lying while using an investigative technique.
McGuiness and her defense team have one week to make one final response before the judge rules on the motions.
