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Judge upholds two of Delaware auditor’s three convictions

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Judge upholds two of Delaware auditor’s three convictions


DOVER, Del. (AP) — A decide on Tuesday upheld two convictions towards Delaware’s Democratic state auditor for official misconduct and battle of curiosity however tossed a jury’s third misdemeanor conviction for improperly structuring contract funds to a consulting agency.

In issuing his choice, Superior Courtroom Decide William Carpenter Jr. rejected Kathy McGuiness’ request for a brand new trial.

Carpenter is now anticipated to schedule a sentencing date on the fees, every of which carries a most penalty of 1 yr in jail however a presumptive sentence of probation.

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“As soon as sentenced, Ms. McGuiness intends to enchantment her conviction to the Delaware Supreme Courtroom, the place we’ll level out the authorized and factual errors that led to her being wrongly convicted for against the law that she didn’t commit,” protection lawyer Steve Wooden stated in a ready assertion.

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A spokesman for Delaware Division of Justice indicated that the workplace would withhold remark till after sentencing.

A Kent County jury convicted McGuiness final month on the three misdemeanor counts however acquitted her on felony fees of theft and witness intimidation.

McGuiness, who as auditor is liable for rooting out authorities fraud, waste and abuse, is the primary statewide elected official in Delaware to be convicted on felony fees whereas in workplace.

McGuiness has maintained her innocence and is looking for re-election. She is being challenged by lawyer Lydia York in a Sept. 13 major contest. Latest marketing campaign finance stories confirmed York, who’s endorsed by the state Democratic Occasion, elevating nearly double the quantity McGuiness had raised as of mid-August.

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The battle of curiosity cost concerned the Might 2020 hiring of McGuiness’ daughter, Elizabeth “Saylar” McGuiness. Prosecutors alleged that Saylar McGuiness, 20, and a pal had been employed at the same time as different part-time staff within the auditor’s workplace left due to an absence of labor through the early levels of the coronavirus pandemic. Authorities stated McGuiness then allowed her daughter particular privileges, together with entry to a state car and permission to work remotely whereas away at school in South Carolina, that weren’t accessible to different “casual-seasonal” staff.

Wooden introduced proof through the trial that different casual-seasonal staff additionally had entry to the state car. In his movement for a brand new trial, he additionally instructed that the protection had found that different casual-seasonal staff additionally had been allowed to proceed working whereas attending school, however no such proof was introduced at trial.

“Ms. McGuiness’s daughter did the identical work as the opposite school interns, was paid the identical or much less as the opposite school interns and was not the one school intern who was permitted to work remotely whereas away at college,” Wooden stated Tuesday.

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“Delaware legislation doesn’t prohibit the hiring of shut family,” Wooden added. “The follow is widespread all through state authorities, and there are a minimum of 4 present members of the Normal Meeting whose kids labored at Legislative Corridor.”

The decide stated, nevertheless, that his choice on a brand new trial should be based mostly on trial proof, not post-trial affidavits, and that there was nothing to counsel that prosecutors knew about different casual-seasonal staff working remotely whereas at school or withheld such proof.

Carpenter additionally famous that McGuiness purportedly allowed two different younger part-time staff to work from school solely after extending that profit to her personal daughter.

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“Sadly for the defendant, constant dangerous judgment doesn’t make it proper,” he wrote.

Whereas acknowledging that there is no such thing as a prohibition towards a state officer from hiring a detailed relative, Carpenter stated the hiring choice should be performed by way of the traditional administrative course of, particularly when the officer has a private or non-public curiosity within the choice. He stated McGuiness clearly had a private curiosity in getting a summer time job for her daughter, and that the proof confirmed she participated in her daughter’s hiring and supervision, and allowed her the “distinctive” advantage of working remotely whereas at school.

The decide additionally stated the social media work performed by McGuiness’ daughter and the communications companies offered by the consulting agency My Marketing campaign Group had been meant to boost the profile of the auditor’s workplace and due to this fact benefited McGuiness personally.

“There was proof to counsel that the defendant clearly needed to emphasise her place because the state auditor and it was her title and never the workplace that may be distinguished in all communications that had been made public,” Carpenter wrote, including that the proof supported the conviction for official misconduct.

The decide dominated, nevertheless, that the contract with My Marketing campaign Group was correctly executed, and that McGuiness’ alleged failure to correctly observe accounting guidelines didn’t quantity to against the law. Prosecutors alleged that McGuiness stored funds for the contract underneath sure quantities to keep away from having to get them authorized by the state Division of Accounting.

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Delaware

3 Found Dead In Apparent Murder-Suicide In Delaware County

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3 Found Dead In Apparent Murder-Suicide In Delaware County


Authorities are investigating an apparent murder-suicide after three people, including two children, were found dead inside a vehicle near Highway 85 and East 340 Road early Saturday.

The Delaware County Sheriff’s Office responded to a report of an abandoned vehicle around 6 a.m. Upon arrival, deputies discovered the bodies of Alisia Peña, 38, of Tulsa, and her two children, both under the age of 10.

Preliminary findings indicate that Peña shot the children before taking her own life. The Office of the Chief Medical Examiner is working to determine the official cause and manner of death.

“At this time we are still trying to determine why she was in the area, there’s no none known family or contacts of hers that are in the area.,” said Cpt. Jackie Smithson, with the Delaware County Sheriff’s Office.

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Deputies say they plan to interview family members next week to determine why this happened.

No additional details are being released at this time.





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Thousands of Delawareans visit food pantries ahead of Thanksgiving holiday

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Thousands of Delawareans visit food pantries ahead of Thanksgiving holiday


Turner said the need has been critical since the start of the pandemic, even with the government aid in the first few years.

“While all of those interventions that were in place, we actually saw a decrease in the number of people coming out to the food bank,” she said. “When those ended, inflation also hit. So since then, it’s just been a huge demand in our community.”

The Wilmington food pantry Gracia visited this week has been sponsored over the past six years by state Rep. Kim Williams, D-Stanton, and state Sens. Jack Walsh, D-Pike Creek, and Spiros Mantzavinos, D-Elsmere.

“It’s just a resource we want to provide to those who may need a little more extra help during the holiday season,” Williams said. “We’re happy to do this.”

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Turkeys given away at a mobile food pantry in Wilmington ahead of Thanksgiving holiday. (Sarah Mueller / WHYY)

Turner said while it’s the holiday season, it’s also important to remember many Delawareans are food insecure year-round. A 2022 study from Feeding America, a nationwide network of food banks and pantries, shows more than 120,100 Delawareans are facing hunger, 37,680 of them are children. That means 1 in 8 people and 1 in 6 children in the First State are food insecure.

“Come January, our donations are going to drop significantly,” Turner said. “So we encourage people to keep our neighbors in mind during those cold winter months when oftentimes low-income people are choosing between heating their home or buying groceries.”



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Newark approves recreational weed dispensary, still ways to go before opening

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Newark approves recreational weed dispensary, still ways to go before opening


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Newark remains on track to be a competitive city for recreational marijuana in Delaware.

Two marijuana-related ordinances were approved at the Nov. 25 City Council meeting. The Council updated the city code regarding adult recreational use to match state law, as well as approved a special use permit for the eventual operation of a recreational dispensary in the city.

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A special use permit allowing Fresh Delaware to operate in the city as a recreational marijuana business with cultivation, manufacturing and retail was approved with a unanimous vote.

“I think that Newark City Council can take a lot of pride in the fact that there are other towns and counties that are literally lost in the wilderness on this because they didn’t get things done in time,” Mayor Jerry Clifton said.

Fresh Delaware moves to open retail dispensary

Fresh Delaware and the area surrounding it was re-zoned to allow recreational marijuana cultivation, manufacturing and retail in August, but it required a special use permit from the city. Now, Fresh Delaware only has the state’s conversion process left to complete before it can shift from medical-only sales.

City council members uniformly had positive reviews for the representative of Fresh Delaware present at the meeting.

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“You were a good neighbor,” Councilmember Corinth Ford said.

Fresh Delaware cultivates and manufactures its own product, and has an additional location in Seaford. It is one of the 13 medical dispensaries in the state. There is another area in Newark zoned to allow recreational marijuana business toward the Maryland border.

Fresh Delaware is on track to open for recreational sales in the spring, according to the state Office of the Marijuana Commissioner. Spring is the statewide goal for retail openings, though the store still has a ways to go on its conversion track.

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Where other Delaware cities stand

As Newark approves a recreational business, other cities in the county are behind.

Wilmington has been back-and-forth on bans, buffers and zones while New Castle County government is discussing possible buffers for retail locations in December. Other cities in Delaware, including Rehoboth, Lewes and Bethany, banned retail altogether.

Wilmington recently asked the state to change the law to get a cut of any sales tax, but Mayor Jerry Clifton said he wants to take a wait-and-see approach on how the state government responds to its request.

Newark mirrors state code in recreational usage

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The council updated the city code around recreational usage, updating its code to match the state. The city code now reads that people 21 and older can privately use a personal quantity of 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9 THC.

Public use is still a criminal misdemeanor, however, and using while under 21 years old is a civil violation. Smoking marijuana in public also violates state law. City solicitor Paul Bilodeau said private consumption can include someone’s backyard.

Some council members had ideas about how to regulate potential parties where the smell could spread from multiple smokers, but no official action was taken on those ideas.

The ordinance was approved unanimously by City Council.

“We are in a strange world where it is legal to consume marijuana in private, but it is illegal to buy it,” Bilodeau said.

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