The Delaware Supreme Court has affirmed the misdemeanor conflict of interest conviction of former state Auditor Kathy McGuiness while overturning her other misdemeanor conviction, remanding that charge for a potential second trial.
“Notwithstanding the defendant’s inflamed rhetoric, the record amply demonstrates that she received a fair trial,” wrote Justice Abigail M. LeGrow in the majority opinion.
The court did side with McGuiness on one issue, overturning her misdemeanor conviction for official misconduct. The reversal centers on evidence presented as part of the state purchasing rules violation that the judge threw out after trial.
The justices reasoned that evidence presented as part of that charge prejudicially spilled over into the jury’s consideration of the official misconduct charge.
She could be retried on that second charge. Although, why would you?
With this out of the way, perhaps the disgraced former elected official can again run for public office based upon her–convictions.