Defense rests in corruption trial of Delaware state auditor

DOVER, Del. (AP) — Delaware State Auditor Kathy McGuiness declined to testify Wednesday because the protection rested its case in her prison corruption trial.

“I’m assured that my group has conveyed affordable doubt, so no thanks, your honor,” McGuiness instructed Superior Court docket Decide William Carpenter Jr.

McGuiness, a Democrat elected in 2018, is accountable as state auditor for rooting out authorities fraud, waste and abuse. She is being tried on felony counts of theft and witness intimidation, and misdemeanor costs of official misconduct, battle of curiosity and noncompliance with procurement legal guidelines. McGuiness is the primary statewide elected official in Delaware to be prosecuted whereas in workplace.

Prosecutors allege, amongst different issues, that McGuiness orchestrated a no-bid communications companies contract for My Marketing campaign Group, a consulting agency she used when working for lieutenant governor in 2016, then stored the contract funds below $5,000 to keep away from having to get them accredited by the Division of Accounting.

In addition they allege that McGuiness employed her daughter and her daughter’s finest buddy as part-time staff in 2020, regardless that different “casual-seasonal” employees had been compelled to go away due to the shortage of accessible work. In hiring her daughter and exercising management over her pay, McGuiness engaged in theft and battle of curiosity, based on prosecutors, who word that Elizabeth “Saylar” McGuiness’ paycheck went right into a joint checking account she shared together with her mom.

Authorities additionally allege that after staff started complaining to the legal professional common’s workplace about McGuiness, she responded by intimidating and harassing the whistleblowers, together with monitoring their e mail accounts.

Testimony concluded with three protection witnesses and a few last questioning of chief investigator Franklin Robinson, who has struggled to reply questions on repeatedly making false statements in a search warrant affidavit and to a grand jury, and omitting data that would have forged McGuiness in a extra favorable gentle.

Jurors heard a recording of a cellphone name Robinson made to Lydia August, a part-time worker within the auditor’s workplace who left in Might 2020. That’s the identical month the state Division of Justice started investigating McGuiness after receiving complaints about her conduct.

“What we’re doing is a common evaluation of casual-seasonal staff that had been impacted by the pandemic,” Robinson instructed August within the Might 2021 cellphone name, including he was wanting into the remedy of casual-seasonal staff “all through state authorities.”

In actuality, Robinson was conducting a prison investigation, not a “common evaluation,” and was wanting solely at casual-seasonal staff within the auditor’s workplace, and no different state companies.

As he has finished beforehand below cross-examination, Robinson grew to become evasive when protection legal professional Steve Wooden grilled him in regards to the falsehoods.

“I wouldn’t agree with the characterization as false,” mentioned Robinson, who defined he was involved that August would possibly inform McGuiness in regards to the cellphone name.

“So that you’re testifying it’s not false, regardless that it’s not true? Wooden requested.

The choose then instructed Wooden to “transfer on,” noting that it was a typical investigative approach for legislation enforcement officers to make false statements when questioning individuals, and to suggest in any other case was not acceptable.

Wooden however received Robinson to confess that saying his investigative strategies embody “telling individuals falsehoods.” Prosecutor Mark Denney echoed that sentiment, describing the apply as “frequent.”

August, in the meantime, mentioned she had instructed McGuiness after being employed that she deliberate to remain solely till Might 1, 2020, as a result of she was planning to maneuver. She later requested to remain by means of June 1, however was allowed to remain solely till Might 18.

“I wasn’t offended in any respect,” mentioned August, whom prosecutors allege was laid off to make room for McGuiness’ daughter.

Jurors additionally heard from Kyra Marshall, a buddy of Elizabeth McGuiness who additionally labored part-time on the auditor’s workplace. Marshall mentioned she had the identical pay and work situations because the youthful McGuiness, together with entry to Kathy McGuiness’ state-issued automobile. Prosecutors contend that entry to that automobile was among the many particular privileges made obtainable to Saylar McGuiness however not different part-time employees, regardless that a number of have testified that they, too, had been licensed to drive it.

The ultimate witness was Tracey Rogers, a former worker who mistakenly attributed a last fee on the My Marketing campaign Group contract to a different agency, Innovate Consulting, which had been established by advisor Christie Gross and received a aggressive bid for a second contract. Prosecutors have advised McGuiness directed the $1,950 bank card fee to Gross’ PayPal account and had it attributed to Innovate, slightly than My Marketing campaign Group, in an effort to keep away from compliance with state procurement guidelines.

Rogers, who had just lately joined the workplace, testified that neither McGuiness nor her chief of workers instructed her to code the bank card receipt to Innovate Consulting as an alternative of My Marketing campaign Group.

“My understanding … is that we had been not utilizing My Marketing campaign Group and (Gross) was opening up Innovate Consulting…. I in all probability made the idea myself that it ought to go there,” Rogers mentioned.