State Auditor Kathy McGuiness and her defense team file their final reply on post-trial motions.
McGuiness was found guilty of conflict of interest, structuring, and official misconduct by a jury in early July. Judge William Carpenter could take as much as several months to review the arguments and make a decision on the post-trial motions.
Attorney Steve Wood reiterated his original post-trial motions to acquit McGuiness or have a new trial, while responding to the State’s claims in its reply last week.
Wood says McGuiness deserves a new trial because alleged suppressed evidence from the State could have led to a different outcome. He also continues to assert Brady violations by the State, and there is nothing to suggest a filter team ever reviewed evidence.
Wood claims the State either let exculpatory material sit around, unreviewed, until providing the materials in lump sum fashion, or did review and find exculpatory material, and then failed to provide it in a timely manner.
In its reply to the post-trial motions, the State pointed out that McGuiness did not accept an offer for extra time to review the evidence provided by the state, which Wood says she did so “as to move forward with her life and career,” and has a right to a speedy trial and to be provided with exculpatory evidence, not one or the other.
Wood also re-emphasized what the state says is a standard investigative technique, but the defense argues are lies and false statements, from Chief Investigator Franklin Robinson. Robinson did not reveal to witnesses that McGuiness was under investigation when interviewing them.
And – Wood says the court should not have conveyed to the jury during trial that it was unfair of the defense to call Robinson’s statements “lies.”
McGuiness is up for re-election this year and faces a primary against Democrat Lydia York on September 13.
