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Former Delaware Superior Court Judge William Swain Lee realized he violatedhis own seal when he discussed a private session he held with defenseattorneys during Thomas J. Capano’s murder trial. “What I did was wrong,”Lee said. “I violated my own order.” Lee’s comments currently are beingreviewed by the Office of Disciplinary Counsel to determine whether theymay have violated the Delaware Rules of Professional Conduct. Lee left thebench in November to run for the Republican gubernatorial nomination butmade trouble for himself by talking about the sealed material during aspeech to the Wilmington Rotary Club and in subsequent news interviews. Tothe amazement of lawyers involved in the sensational murder case, Leedisclosed that Capano’s defense team met privately with him Dec. 17, 1998,to inform the court their client was prepared to present perjured testimonyby using one of his four daughters to establish an alibi. Once defensecounsel came forward, Capano backed off and never offered the perjuredtestimony, Lee said. Despite the flurry that has resulted from Lee’scomments, he said he intends to carry on with his candidacy — but abouthis private session with defense counsel, well, “It’s time for me to stoptalking about it,” Lee said.

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