Delaware’s Department of Justice says it will not retry former State Auditor Kathy McGuiness.
A retrial was an option after the state Supreme Court overturned one of McGuiness’ convictions in February.
McGuiness was convicted of three misdemeanors in July 2022 – conflict of interest, official misconduct, and non-compliance with procurement law by structuring. The structuring charge was dropped before sentencing in October 2022. She appealed the other convictions in March – and Delaware’s highest court reversed the conviction on official misconduct.
The state Supreme Court’s decision left DOJ the option to retry McGuiness on that charge, but DOJ spokesperson Mat Marshall says in a statement that a jury found her guilty three times, and dragging the witnesses back to trial would have little practical purpose, at the expense of both the Court’s time and the whistleblowers’ peace.
Marshall adds Delawareans moved on almost two years ago when an new State Auditor was elected, and DOJ has too.
