NORRISTOWN — She’s put hundreds of defendants in prison, but Monday former state Attorney General Kathleen G. Kane left a courthouse in handcuffs after a judge sentenced her to serve 10 to 23 months in prison.
Ms. Kane, 50, Waverly Twp., had hoped to get probation or house arrest for her Aug. 15 conviction on charges she leaked grand jury information then lied about her actions. Montgomery County Judge Wendy Demchick-Alloy rejected that request, citing the “devastating impact her crimes had on her office and the public at large.”
“This is a case about a politician consumed by ego from day one,” Judge Demchick-Alloy said at the conclusion of the roughly five-hour hearing.
Instead of focusing on fighting crime, Ms. Kane was fixated on battling perceived enemies “and utilizing and exploiting her position to do it,” Judge Demchick-Alloy said.
“A violation of this magnitude by someone in the defendant’s position is extraordinary ... and is especially devastating to the credibility of our criminal justice system,” the judge said.
Neither Ms. Kane nor several dozen supporters who filled the courtroom showed any reaction as the sentence was read. After the prison sentence, Ms. Kane will serve eight years of probation.
The judge granted a defense request to allow Ms. Kane to remain free on bail pending appeal of her conviction. She was immediately taken to the Montgomery
County jail, however, after the judge refused her attorney’s request to be given 24 hours to post $75,000 cash bail. Ms. Kane posted bail and was released after about two hours in custody, according to the Associated Press.
A jury convicted Ms. Kane, a Scranton native who in 2012 became the first Democrat and first woman to be elected attorney general, of two counts each of perjury, false swearing, obstructing the administration of law and conspiracy and one count of official oppression for leaking information about a 2009 grand jury probe of a Philadelphia man to embarrass the prosecutor in that case, whom she viewed as a political enemy. She then lied to the grand jury that investigated the leak.
Ms. Kane’s attorney, Marc Steinberg, acknowledged the seriousness of her crimes but implored the judge to consider Ms. Kane’s life history of public service. He called five witnesses, including Ms. Kane’s 15-year-old son, Christopher, to testify.
The teen told the judge his mother “is like my rock.”
“For her to leave me, it would be bad. It would be tough on all of us,” he said.
Ms. Kane also addressed the court, telling the judge she did not care about herself, but feared the impact being sent to prison would have on Christopher and her other son, Zachary, 14.
“I know there is nothing worse in the world than to watch your children suffer,” Ms. Kane said.
Choking back tears, she spoke about how hard it would be “not to hear their voices and not to see their faces.”
“The past few days have been the worst yet. I felt so sick to my stomach. I couldn’t stop crying,” she said.
Judge Demchick-Alloy said that while she felt for the boys, they were “collateral damage” from Ms. Kane’s actions.
“I feel sorry for them but you made these decisions, not the court,” she said.
Several other witnesses, including former Hazleton police chief Frank D’Andrea, spoke of the good she had done in her life, first as a Lackawanna County prosecutor who focused on sexual abuse cases and then as attorney general.
The judge acknowledged her good work, but said it was “eclipsed” by the egregiousness of her crimes. Any sentence other than incarceration would diminish the seriousness of her offenses.
“When perjury is committed ... it is the ultimate assault on the judiciary,” the judge said, her voice rising. “Here the oath was violated by the Pennsylvania Attorney General, the highest law enforcement officer in the state who was entrusted to enforce the law, not break it.”
Speaking after the hearing, Montgomery County District Attorney Kevin Steele and his assistant prosecutor, Michelle Henry, said they hoped Ms. Kane’s conviction and sentence sent a message that “no one is above the law.”
“What this defendant did was despicable,” said Ms. Henry, a Bucks County prosecutor who was specially appointed to assist with the case. “She put her desire for revenge above everything else. Everyone deserves better. Today, when she was taken out in handcuffs, there was finally justice.”
Mr. Steele called three witnesses, including a current and former prosecutor in the attorney general’s office. Both spoke about how they enthusiastically embraced Ms. Kane when she took office in January 2013. That excitement eroded quickly, however.
Erik Olsen, chief of the criminal division, said Ms. Kane isolated herself in the office with a select group of people.
“Through a pattern of systematic firings ...she created a terror zone,” Mr. Olsen said.
Clarke Madden, a former deputy attorney general, said he and others had “tremendous pride” in the work they did. That changed after Ms. Kane came under investigation for the leak of the grand jury information
“There was a poison cloud in the corner of the office,” he said.
Ms. Kane’s trial attorneys are expected to appeal her conviction to the state Superior Court. If she loses there, they will seek to appeal to the state Supreme Court. She will remain free during that process, which will likely take a year or longer.
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