press release attorney general kane

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COUNTY OF MONTGOMERY

COURTHOUSE

OFFICE OF THE DISTRICT ATTORNE

RISA VETRI FERMA N

DISTRICT ATTORNEY

KEVIN R STEELE

FIRST ASSIS TANT DISTRICT ATTOR NEY

SAMUEL J GALLEN

CHIEF COUNTY DETECTIVE

JESSE S KING

CHIEF OF STAFF

P.O. BOX3 11

NORRISTOWN , PENNSYLVANIA

19404-0311

DISTRICT ATTORNEY S OFFICE

DISTRICT ATTORNEY S FAX

COUNTY DETECTIVE BUREAU

PRESS RELEASE

FOR IMMEDIATE RELEASE

August 6 2015

(610) 278-309 0

(610) 278 -3095

(610) 278- 3368

Montgomery County District ttorney Cha rges Pennsylvania

ttorney General Kathleen

G.

Kane with Obstruction of Justice and

Other Crimes Related to Scheme to Leak Confidential Investigative

Information and Lying

to

Grand Jury

to

Conceal Crimes

Montgom ery Co u nty Dis trict Attorn ey Risa Vetr i Ferm a n

annou n ce s th e filin g of crimin a l char ges ag ai n s t Penn sy lva nia Attorn ey

Gen eral Kathl ee n G . Kan e s temmin g from Kan e 's d eliberat e a nd illega l

release of confid enti a l inv es tig at ive inform a tion and se cret Gr a nd Ju ry

inform a tio n . Th e ch a rges s tem from a n inv es tigat ion th a t revea led Kan e

per son ally or ch es tr a ted th e illega l d is clo sur e of confid enti a l in ves ti ga tive

inform a tio n to t he m edi a a nd sub se qu en t ly en gage d in cr iminal ac t s

des igne d to co n cea l a nd cover -up h er crim es . Th e Dis tr ict Attorn ey

ch arge d th e d efend a nt with Ob s tructing Admini st rat ion of La w or Oth er

Gover nm enta l Fu n cti on; Officia l Oppr ess ion; Crimin a l Con s pir acy;

Perju ry; and Fa lse Swear in g.

On May 29, 2014 , in his ca pac ity as Sup ervi sin g Jud ge of th e

Thir ty -Fifth St a tewid e Inve sti ga tin g Gr a nd Ju ry, th e Hono ra ble Willi a m

R. Carp en ter a pp oin te d a Spec ia l Prosec utor to in vest iga te a llegat ion s

th at s tatew id e gr and jury sec r ecy may have be en com p romi s ed. Th e

Sp ec ia l Pro secu to r condu cte d an invest igat ion las tin g ne a rly se ven

mon th s .

On De ce mb er 18 , 20 14, t h e Th ir ty- Fifth Sta tew ide In vesti ga tin g

Gr a nd Ju ry re turn ed "Pr ese ntm ent No. #6 0. " In th e Pr esentmen t, th e

Thir ty-Fi fth S ta tew id e In ves tiga ting Grand Ju ry rec omm end ed th at

crim in a l char ges be filed by th e Mon tgom ery Count y Dis tri ct Att orn ey's

Office aga in s t Attorn ey Gen era l Ka n e . Spec ifica lly, th e Th ir ty- Fifth

Sta tewid e In vest iga tin g Gra nd Ju ry rec omm end ed th a t Att orn ey Ge n era l

Kan e be ch a rge d with : Pe rju ry; Fa lse Swea rin g; Ob s tru ctin g

Admin is tr a tion of Law or Oth er Governm en ta l Fun ct ion; Officia l

Oppr ess ion ; a nd Cont empt of Court .



Subsequently, on December 19, 2014, Judge Carpenter issued an

Order accepting the Presentment, and referred the matter to the

Montgomery County District Attorney for her determination of any

further action.

Attorney General Kane then pursued a quo w rr nto action before

the Supreme Court of Pennsylvania seeking to quash the appointment of

the Special Prosecutor. On January 21, 2015, the Supreme Court of

Pennsylvania stayed Presentment No. 60 and any prosecution by the

District Attorney of Montgomery County pending the Supreme Court s

decision regarding the quo w rr nto action. On March 31, 2015, the

Supreme Court of Pennsylvania denied the Attorney General s request for

quo w rr nto relief. This action released the District Attorney of

Montgomery County from the January 21

81

Court Order restricting her

actions. The Montgomery County District Attorney s Office reviewed the

Presentment and supporting evidence and determined that an

independent investigation was warranted.

The District Attorney has concluded, based upon the evidence

amassed during the investigation and her independent review of the

criminal laws of Pennsylvania, that Pennsylvania Attorney General

Kathleen Kane orchestrated the leak of confidential investigative

information and secret Grand Jury material to the media, through a

political operative, for the purpose of retaliating against former state

prosecutors whom she believed had embarrassed her in the press. The

evidence demonstrates that the defendant undertook these illegal acts

without regard to either the laws of the Commonwealth of Pennsylvania

and the damage such disclosure of confidential information might cause

to an individual who has not been charged with a crime. Moreover, the

evidence shows that Attorney General Kane undertook these actions

seeking vengeance and retribution against other law enforcement

professionals.

The District Attorney further concluded that when compelled to

appear as a witness before the Investigating Grand Jury, Attorney

General Kane endeavored to cover up her wrongdoing by offering

dishonest testimony. She deliberately attempted to deceive the

Investigating Grand Jury regarding both her conduct and her legal

culpability. By engaging in this unlawful behavior, the District Attorney

has concluded the defendant committed crimes, violated both her oath to

the Constitution of the Commonwealth of Pennsylvania and the criminal

laws of Pennsylvania. Kane abused the power entrusted to her by the

citizens of the Commonwealth of Pennsylvania.



A pro secutor has the responsibility of a minister of ju stice. When

someo ne entrusted with the so lemn obligat ion to uphold the law

deliberately violates the sa m e laws she is swor n to uphold, we are a ll

vict im s of thi s breach of th e public trust. When an electe d official betrays

th e confi den ce and trust placed in her by th e public, we mu st do

eve rything in ou r powe r to hold her accou nt a ble. The laws of our

Commonwea lth protect a ll her citizens and as citizens we can expect

those who have the ob ligat ion to enforce th e laws to ab ide by their

mandates. Thi s inv est igation and the charges filed today show, beyond

a ll doubt, th at no on e is a bove the law; not even the Chief Law

Enforcement Officer of th e Commonwealth, sa id District Attorne y

Ferman.

The defendant will surrende r to aut ho rities and wi ll be arraigned

before Mag isteria l District Judge Cathleen Kelly Rebar of Magisterial

District Court 38-1-20 at 133 Level Road, Coll egev ille, PA 19426 at a

date and time to be schedu led.

The District Attorney a lso filed a charge of Indirect Criminal

Contempt aga in st Patr ick

R. Reese. Defendant Reese is emp loyed as a

Supervisory Sp ecia l Agent for the Attorne y Gene r a l's Office, serving on

th e Executive Prot ec tion Deta il and as the driver for Defendant Kane.

Defe nd a n t Reese is ch a rged with violat in g a Protective Ord er issued by

Judg e Carpent er by secretly accessing confidentia l Grand Jury

information re la ted to the lea k investig at ion wh ile the Speci a l

Prosecutor's inv es tigat ion was on-going. Defendan t Reese will appear for

a pr elimin ary arraignment before Jud ge Carpenter in Courtroom C of the

Mont gomery County Courthouse at a dat e a nd tim e to be schedu led.

The cases will be prosecuted by a team led by First Ass istant

District Attorney Kevin R. Stee le a nd Specia l First Assistant Distri ct

Attorney Mich elle Hen ry (curren t First Ass istan t District Attorney of

Bucks County and former Bucks County District Attorne y). Th eir t ea m

in cludes th e Ch ief of Tria ls Division, Dep uty Distri ct Attorney Thomas

McGoldrick, th e Chief of the Appe als Division Deputy Distri ct Attorn ey

Rob ert Fa lin, Assistant Dis trict Attorney M. Stewart Ryan and Special

Assistant Distr ict Attorney Antonetta Stan cu (Bucks Cou

CRIMINAL CHARGES AND ANY DISCUSSION THEREOF ARE

MERELY ALLEGATIONS AND ALL DEFENDANTS ARE PRESUMED

INNOCENT UNTIL AND UNLESS PROVEN GUILTY.

press release attorney general kane

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