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Stick to the Truth
Written by Larry Roeder, Editor
2015-01-21

                The Montgomery County District Attorney made a major decision last week.  That was to forgo running for another term as the county's top law enforcement official and instead run for common pleas judge.  Before she attempts that switch, another decision is on her plate that will have an effect on the state's top law enforcement official.

                Court documents, made public yesterday, reported that Pennsylvania Attorney General Kathleen G. Kane could face a felony charge of perjury and other crimes in a case where she allegedly leaked confidential information to the Philadelphia Daily News in a bid to embarrass her enemies.

                A statewide grand jury has recommended charges of perjury, false swearing, official oppression and obstruction; findings that are advisory only.  Montco DA Risa Vetri Ferman will decide whether to file charges.

                It is important to note that the charges Kane was being investigated for are not the ones she may be charged with.  She was being investigated for leaking the information and instead the charges recommended stem from her testimony.

                Kane and her lawyer, Lanny Davis, denied the claims and called the recommended charges false and absurd.

                This was the first time that any records were made public in the previously-secret proceeding and it was done as part of an unsealing of the documents related to the leak investigation.

                The records were released in connection with Kane's request to the state Supreme Court to remove special prosecutor Thomas Carluccio.  Kane argued that there was no legal basis for his appointment by Montgomery County Judge William Carpenter, who oversaw the statewide grand jury that was seated in Montgomery County.

                The original charges stemmed from an investigation about how information regarding a 2009 case involving one-time Philadelphia NAACP head J. Whyatt Mondesire was obtained by the Daily News.

                The Philly paper reported that Kane had launched a review of how the Mondesire case was handled, and was seeking to find out why charges were not filed.  The case was overseen by Frank G. Fina, a top prosecutor in the state attorney general's office until 2013, shortly after Kane took office.  The story suggested that Kane's office was seeking to determine whether the case had been bungled by Fina and others.

                With the new charges, the Mondesire leak appears to be a moot point.

                Kane and Fina have been in a bitter dispute for some time now over how some cases were handled in the attorney general's office.  It got worse last year when Kane dropped a long-running investigation launched by Fina that captured five Philadelphia elected officials on tape accepting money.

                Kane shut down the investigation after taking office in 2013 without bringing any criminal charges.  Philadelphia District Attorney Seth Williams, who Fina now works for, resurrected the investigation and, so far, has made three arrests in the case.  His investigation is continuing.

                District Attorney Vetri Ferman is charged with making the decision of whether or not to pursue the grand jury's recommendations.  Seeking the truth won't be an easy task.

                Revenge within the justice system by those who enforce our laws is something that doesn't belong in the courtroom.  Let's hope that those who practice it fail.

                Stick to the truth. 


 

 

 

 

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