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Split decision for ex-auditor: Delaware justices uphold 1 conviction, reverse another

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Split decision for ex-auditor: Delaware justices uphold 1 conviction, reverse another


McGuiness stands convicted of 1 of 5 original charges

Despite their differences in nuances of the law, the bottom line is that the justices have now spoken, potentially ending a two-and-a-half-year prosecutorial saga with political implications that had pitted first-term Attorney General Jennings and her office against another first-term statewide official.

Before McGuiness was charged in October 2021, political insiders had speculated that the two Democratic politicians might be candidates in the 2024 gubernatorial race to succeed Gov. John Carney, who by law can’t seek a third term. Instead, McGuiness exited the political arena the day of her sentencing, and Jennings is not seeking higher office at this time.

Unless Jennings refiles the charge of official misconduct and wins at a retrial, the end result of the unprecedented prosecution of McGuiness will be conviction on one of five counts.

McGuiness will remain convicted of misdemeanor conflict of interest over her hiring of her teenage daughter to a part-time job that continued remotely after she went to college in South Carolina.

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Beyond Carpenter overturning the structuring conviction, jurors had also acquitted McGuiness of two felonies — theft and witness tampering.

Before running for auditor in 2018, McGuiness had a long career as a pharmacist, business owner and a Rehoboth Beach commissioner.

Jennings began investigating McGuiness after whistleblowers in her office contacted prosecutors in the Division of Civil Rights and Public Trust. Jennings publicly announced the October 2021 indictment on the steps of the New Castle County Courthouse in Wilmington.

The trial was eventually moved to Kent County, where a Superior Court jury found her guilty in July 2022. While awaiting sentencing she nonetheless ran for re-election, only to get trounced in the September Democratic primary.

At her October 2022 sentencing, prosecutors sought a 30-day prison sentence for McGuiness and $30,605 restitution to the state, citing her lack of remorse and other aggravating factors. Carpenter gave her a year of probation, 500 hours of community service, and a $10,000 fine.

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Although she had three months remaining in her four-year term, McGuiness resigned a few hours after the sentencing. That occurred after Carney, a fellow Democrat, indicated he would exercise his constitutional duty to remove her after sentencing.

Jennings did not agree to an interview about the ruling but issued a statement that said it was a vindication of her decision to bring the public corruption case.

“After more than two years of endless litigation and theatrical rhetoric, the bottom line is that a jury, a Superior Court judge, and now the Delaware Supreme Court have all concluded that the ex-auditor’s actions were criminal,” her statement read.

Jennings added that “above all else, I am inspired by the courage of the whistleblowers who came forward to seek justice.”

While the criminal case might be over, a civil lawsuit by McGuiness against Jennings and others in her office is pending in U.S. District Court in Wilmington.

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The federal lawsuit, filed in August 2023, claims her constitutional rights were violated when the chief investigator in Jennings’s office made false statements to get a search warrant for her office records. McGuiness also charge s that Jennings and then-prosecutor Mark Denney slandered her by making similar public remarks after she was indicted.



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Delaware

Elon Musk-Led Overhaul of Delaware Business Law Upheld by State Court

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Elon Musk-Led Overhaul of Delaware Business Law Upheld by State Court


The Delaware Supreme Court upheld the constitutionality of an Elon Musk-inspired overhaul of state law that governs most major US corporations, handing a win to company founders, insiders and private equity owners who sought less restrictive business rules.



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Delaware County school employee accused of sex assault of minor in Texas

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Delaware County school employee accused of sex assault of minor in Texas


Authorities say a Delaware County school employee is accused of traveling to Texas to sexually assault a minor he met online.

What we know:

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Michael Robinson, 43, was taken into custody near Radnor Middle School where investigators say he worked as a paraprofessional.

Investigators believe Robinson traveled to Tyler, Texas in the summer of 2024 to meet a minor he had connected with online.

Robinson, according to U.S. Marshals, allegedly sexually assaulted the teen over the course of a weekend. 

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Delaware County school employee accused of sex assault of minor in Texas

Prosecutors in Smith County, Texas charged Robinson in December with Aggravated Sexual Assault of a Child Under 15-years-old.

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Robinson is being held at a Delaware County jail where he is awaiting extradition to Texas.

What they’re saying:

U.S. Marshals in Pennsylvania said Robinson’s arrest shows that “sexual predators will always be pursued relentlessly.”

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The Radnor Township School District said Robinson has been placed on leave and will not have contact with students.

“Parents of the limited number of children to whom the employee was assigned were contacted by the administration immediately.”

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The district said it is cooperating with law enforcement and has “no information indicating misconduct involving district students.”

Crime & Public SafetyDelaware CountyNews



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Rehoboth cancels 2026 Polar Bear Plunge after major snowstorm

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Rehoboth cancels 2026 Polar Bear Plunge after major snowstorm


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Rehoboth Beach has canceled the upcoming 2026 Lewes Polar Bear Plunge and 5K Run to the Plunge as the Sussex County resort town continues dealing with the aftermath of last weekend’s snowstorm, organizers of the annual Special Olympics fundraiser said on Feb. 26.

“Rehoboth Beach is navigating significant challenges because of the snowstorm,” a Special Olympics Delaware email announced. “At present, the boardwalk and all beach crossings remain snow covered and many sidewalks throughout downtown Rehoboth are as well.”

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The plunge and 5K had been rescheduled to March 1 after severe weather conditions in late January caused it to be moved from its original Feb. 1 date.

The plunge will not be rescheduled for this year.

Last weekend’s storm brought nearly 2 feet of snow to parts of Sussex, closing hundreds of roads when trees and wires were downed. There were also power outages across the county, including Rehoboth Beach which had to restore power to its wastewater treatment facility.

Plunging for a cause

The polar bear plunge is one of Special Olympics Delaware’s more popular fundraisers, drawing more than 4,000 participants last year.

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In recent years, the event has been bringing in more than a million dollars for Special Olympics Delaware. Last year, plunge events drew $1.3 million, just shy of the record-breaking $1.5 million raised in 2024.

Alex Seymore, Special Olympics Delaware’s director of digital media, said the organization had already raised more than $1 million from this year’s event.

“We expect a small impact,” Seymore told Delaware Online/The News Journal. “But again, we’re showing that we’ve raised over a million dollars.

He added they are reviewing how the cancelation will impact them and their services.

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“It’s been just a couple hours, so we’re not completely positive how it will impact things in the long run,” he said. “We’re thankful for everybody that’s helped raise this money through this time.”

What is still occurring

While the plunge and 5k and been canceled this year, there are other indoor events that will continue as scheduled:

Feb. 27

  • 4 p.m. to 7 p.m. – pick up packets and souvenir sales for the Plunge and 5K Run to the Plunge at the Rehoboth Beach Convention Center, 229 Rehoboth Ave, Rehoboth Beach.

Feb. 28

  • noon to 2 p.m. ​Fire & Ice in the Atlantic Sands Ballroom, 1 Baltimore Ave, Rehoboth Beach.
  • 2:30 p.m. to 5 p.m. Restaurant chili contest.
  • 4 p.m. to 7 p.m. – pick up packets and souvenir sales for the Plunge and 5K Run to the Plunge at the Rehoboth Beach Convention Center, 229 Rehoboth Ave, Rehoboth Beach.

Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com.



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