Following an order blocking Attorney General Kathleen Kane from presenting evidence of a selective and vindictive prosecution at trial, criminal defense attorneys said the limitation makes defending Kane much more difficult, and opens up the case to post-trial appeals.
Montgomery County Court of Common Pleas Judge Wendy Demchick-Alloy ruled July 28, less than two weeks before Kane’s criminal trial is set to begin, that Kane cannot present evidence to show that former Office of Attorney General prosecutors Frank Fina and E. Marc Costanzo conspired to spark the grand jury investigation that recommended charges against her. Kane had argued that they orchestrated a plot to start the investigation, to keep Kane from exposing their involvement in the exchange of pornographic emails on state email accounts.
