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State Auditor Kathy McGuiness plans to appeal convictions to Delaware Supreme Court

Kathy McGuiness State Auditor
Rachel Sawicki
Delaware Public Media
State Auditor Kathy McGuiness arriving at the Kent County Courthouse with attorney Steve Wood for day 3 of her corruption trial.

A Superior Court judge upheld two verdicts against State Auditor Kathy McGuiness Tuesday, but tossed out a third. But, McGuiness plans to keep fighting the two misdemeanor convictions that remain.

In a statement released by McGuiness’ attorney Steve Wood, McGuiness and her defense team say they are gratified that one conviction was dismissed, stating the structuring charge “has always been nonsense.”

But, McGuiness still seeks acquittal on the convictions for conflict of interest and official misconduct, and once sentenced, intends to appeal them to the Delaware Supreme Court.

It is unclear when the judge will schedule sentencing, and the Department of Justice declines to comment until it is over.

Judge William Carpenter upheld the conflict of interest and official misconduct verdicts, citing McGuiness’ involvement in hiring of her daughter and daughter’s friends and the personal benefit she allegedly gained from social media tactics and communication with My Campaign group while in office.

Wood argues Delaware law does not prohibit the hiring of close relatives, and the practice is in fact “common” throughout state government. He claims there are at least four current members of the General Assembly whose children work at Legislative Hall.

McGuiness’ request for a new trial was also denied, with Carpenter finding claims of improper character evidence being introduced unpersuasive.

McGuiness is still running for re-election, and faces Lydia York in a September 13th Democratic primary.

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