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    Grand jury presentment against Kathleen Kane

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    Grand jury presentment against Kathleen Kane

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    Grand jury presentment against Kathleen Kane

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    13K views24 pages

    Grand Jury Presentment Against Kathleen Kane

    Uploaded by

    PennLive
    Grand jury presentment against Kathleen Kane

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 24
    1. INTRODUCTION We, the Thity-Fith Statewide Investigating Grand Jury for 2014, were summoned pursuant 1 ‘Act 42 PACS. $4541, et 9 ofthe Pennsylvania Judiciary Cade. We were dy charged by the Cour 10 investigate alegtons of ernes ocuring statewide witin the Commonwealth of Pennsyivani, We this Investigating Grand Juy, reotved and reviewed evidence pursuant to Neti of Submission of levestgtion No, # 123. “The submission conse whether there waa violation of grand jury secrecy. Specially, the investigation wast look into wheter tere was an improper release of grand jury infomation subject © grand jy secrecy protections from a prior 2009 Grand Jury Investigation that inclded ameng ober ‘things an fngiry int the finances of former NAACP hea J. Whyatt Mondesis, Documents and detailed information from the 2009 Srand Jury investigation were subsequently published by Ue Phiadlphie Daily News in June 6, 201¢ newspaper ates, “This Investing Crand Jury reviewed extensive evidence incting testimony fom numerous witnesses who proved dete knowledge into thefts and circumstances of the improper disclose of rand jry information, Werind tht the testimony of Artory Gonral Kae was not an hme eso of the events, and she mischemeteriaed evens to coverup activities undertaken at her direction 1 unlawfully yelese documeats subject fo grand jury secrecy, In comparing her testimony afore ws othe testimony of others and elitionl evidence presented, this Investigating Grand Jury di ot find her testimony traf while inten divert tention from her actual role the principal of he es In view of the forgoing, we the Thiy-Fih Investigating Grand Jury rake the fllowing findings of fact and recommendations of charges Precriont 5" Gand 0) rT I. FINDINGS OF FACT © peaNnIes Agent Michael Milo ofhe Office of Atorey General (OAG) ested tha in March f 2016, ‘he wanted information to get to the tention of Atorey General Kane that reed toa 2009 Grand Jury investigation In which the former NAACP head J. Whyatt Mondesie was identified a pte suspect. Specially, he tei he had infomation and #2009 Memorandum authored by then Deputy ‘Attorney General William Davis, addressed then Chit Deputy Atorey Gener, Prank G. Fin ‘The 2009 Memorandum cosines extensive dtl and patculars nl evant Grand Jury evidence and testimony isn rom the 209 Gran ary Invest (he “209 Meranda”. Ant Milo communicated the infomation and gave «copy ofthe 2009 Memoranda to Special Aget in Charge of pci Investigations David Pele. In his testinony Agent Pfr confirmed that he eeived the 2008 Memorandum and information fom Agent Mito, “Te 2009 Memorandum inode details never Belospubilydslosd, nd a al ins deemed ‘ubjesto grand jury serey protections, In his testimony the autor ofthe 2009 Memorandu,fomner Deputy .G, Wiliam Davis. confirmed tha he 2009 Memorandum was sujet o grand jury secrecy protection, In istetinon, former Depity AG. Davis sated, itis leary a grand jury memo. So, the whole purpose ofthe Grand sary ‘Scereay de sto protect someane le him [Mondsire) [so] he doesn got ‘eared in he pres, because he was not charged with acre. That the oe purpote ofthe Grand ry dc, «to protect people who are maybe Called nas wiesses, maybe investigated who arent ater protecwed. Iris Secret and ito remain sore. ‘We ave hoard testinony ffom many’ senior sa members of Atorney General Kane, inluding: renin 68° Gea agg Fit Asstt Ate Gera Bre Beene fer See acute Deputy Atoney Gener Linda Ba Bet, tomer in Ansa Aton Geno An RK, Apt ae an Ce Dey tomy Gee in cg of Apel nd Leal See Jes Baker al of who aged ht be cone fh 200 Mensa infomation fom he 2009 Gra Fry vestnon wre set to gan uy sey potetion, Mae wines eid ht thea fh mati waa cle vito af he Crt say Reos Inman Ast 18 PACS, $106 (CHRIA) 1s ued tat 309 Gandy iesipton id witha present rindi of Monde (0) MEETING WITHEIRST DEPUTY ATTORNEY GENERAL BRUCE BEEMER, ‘Afr Agent Piers nil conversation with Agent Milt, a meeting was held with then Chit Deputy Attomey General Bremer (ow First Assistant) wh testified he reviewed the 2009 Memorandum and the information during the meeting and determined that the concerns of Agent Millio were not ‘worthy of addon atteton, In retching his conclusion, Chit Deputy AG. Heemer acknowledged tht there was no ongoing crimitl investigation of Mondesire, as warranted by the conctusons reached Wythe 2009 Grand Jury, and there were issues with bringing charges aginst him due tothe applicable staat of limitations Beemer testified, “1 remember thinking to myself I don't see how this is problem for this Administration at ala foc, ohat was being described 10 me seemed 10 be Sot Iwill cella ‘dead cose.” Tea, Iwas @ grand Jury investigation that as Tumderstos it for what he wat saying had od toon arrest The individu, ths drome Mondesive, ad not ean charged with anything.” | al Freee Ged SSS~S~«S (tm CREATION OF mANSCRET Despite being told by Chief Deputy A.G, Beemer that this was a “dead case”, Agent Pifer tested that he reintervieved Agen Mito on 3/21/14 about the 2009 Memorandu, documents and ‘ther infomation Agent Mieto reviewo from the 2009 Grad Jury investigation. Agent Pfr tested he Inter had another interview ransribed (the “Mito Transcrp) despite being tod it was a dead cae, Evidence presented to the Grand Jury indisted that Agent Pefer crest the Mito Transcript for ‘Atomey General Kane. Former Deputy AG. Davis, the author of the 2009 Memorandum, testified that the Mileto ‘Transcript contained Grand ary information and was therefore subject o grand jury sere protections: (0) MEETING AMON ATTORNEY GENERAL KANE AND SENIOR AND SUPPORT STAFE. ‘After his meting with Chief Deputy A.G. Beemer, Agent Pifer brought the documents (0 Automey General Kane's etention, who called 2 meeting 0 discuss the documents, The meting was ‘conducted by Attomey Genezal Kane ia her personal office involving senior and support staff member, here the 2009 Memorandum and Miko Transript were presented and directly discussed among those in atendance, Discussion a he meting included Mendes and, in particular, information regarding hie being ‘the subject of interest in the 2009 Grand Jury investigation, The meeting concluded without Attorney General Kane or other senir staf atoneys ising any instreton to underiake any formal action into the mater, ‘Testimony establish that Atlomey General Kae relaned possession of documents from the ‘meeting, including the only known existing copy ofthe Mileto Transcript. Specially, Agent Peifer reset" Grad gy a tested Atorney General Kane relied possession ofthe only printed copy of he Milo Tansrp “This wa confirmed hy the teimony of ther senna members Agen Pifer testi,“ gave her the statement [the Mileo Transcript), and she was ping ‘trough ad ooking att and then she adit down non of her. Afr the meting was over eft nd ‘the statement [Sleo Transript] was stil n from of her” Age Pater also testified that was possible tht he gave a copy of the 2009 Memorancim to Attorney Genera Kane, He futher tied ‘hat asthe lat ime he sate Mileto Transcript ul he ater sai quoted inthe newspaper, (0) KANES DESIRES TO PUBLICLY RELEASE THE MONDESIRE INFORMATION Former First Assisint Attorney General Adrian R. King, testified that shortly afer the meeting With her senior staf members, Attorney General Kane became fated on the 2009 Grand Jury investigation where Mondeste was suspect. Former First Asssant King testified that Atoraey General Kane's intrest in focusing on Mondesive vas directly related to allegations published inthe press that she was personally responsible for not pursuing prosccitiom of invidals who had been caught in an undercover sting belived to be engaged in criminal conduct (the “Ali Male), In response to the Special Prosecutor's request hat he eseribe Attorney General Kane's behavior in ate March of 2014, foe First Assistant King testified, J waled ino this [mestng abou Mondesie} and quite frankly to be dead honest am ltening to this, aid 1 think His absurd. ust seems like a complete dstation i seems to be paranoid. And I am also quickly cueing into the ft tha te people tht she asin her ight hed that she appears to be ‘aking advice from 1 her driver ond the parson that she just tntaled as communications decor has absolutely no experience, and they are erally Siting thee jus adding ther heads in agrcement with everthing thats being Seid dnd mp vecton to that wa he its; Ton went antigo do with In the midst of the All Mate, Attorney General Kane retained the services of privat legal —7O Fresoument GE" Gand Joy Pages az counsel, Shortly thereafter, Atorney Genecal Kane forward oth tation of former Fist Aasisant King o roquest for docunens from ber personal atomey who could Bave ony known about the Mondesire infomation fram Kane. The documents requested sought information petining 1 the Mondesire investigation, He testified that he pointedly advised Attorney General Kane in writing on 12474 that there ae legal ed tial poibitons fo relesing inestiaive documents of he OFfio of ‘Atorney General (OAG) criminal division, and specify referenced the impropriety of disclosing ccuments develope in he Mondesive investigation. He wrote in an email response,“ fa tse how we am egal he. acest any O4G criminal dso fle materials” A copy of the email exchange as eutred ino evidence before this Investigating Grand Jury Former Seior Exsstive Dopaty AG, Linds Dale Hoth tsi resling conversations with former First Assistant King where he vised his concems that she Mondese infomation coud not be Alsclosed outside the ff and to Atorey Genel Kane's private counsel in partula,due vo grand ty secrecy linittos. Communicating bet disagreement, Atorney General Kane responded to former Fist Assistant ‘ing with an email wherein she stated a well anare ofthe Linton af linger les ‘have been in this Business for gute sometime” (RELEASE TO PRESS Inte Apri 2014, former First Assistant King tested be infomed Atomey General Kae that he was leaving the Harrisburg offices and planed to work for one (1) day in the Philadephia office roe to leaving on personal eipto his summer home, He fuer ested that Atomney Genera Kane sated, “ve gota paclage ve gto ge fo Jath Morom. Can you te tht down to Philadephia for me?” Joshua Morrow is politcal consultant who Atorney General Kane used a¢ her campeign Fret" Gand a] communications drectoe dug her leston campaign, Fomer Fist Assan! King agreed to deiver the povkage to Morrow He ute testified that shorty theresa sealed and plan envelope appeared in his fe, which was he pulage thatthe Atorney General ees hate ake dows o Pidgin ‘The content of he envelope was not expel by Atomey General Kane tfomer Fleet Assistant King dhe testified tht he simpyassumed it was campaign related aterals ping to Morow. Both Attorney Genel Kane and Morow conimed that they reglty maintained contact with cone another. ts noted that Morow was never employed by the OAG, al had no ght to so possess and jury information, ‘As requested, former First Assistant King omtacted Morrow doing his return to Philadelphia, and Moro picked up the envelope from King's home. “The envelope was tha transite by Morrow to Chris Brenan, ta writer othe Philadephia Dally News forinfrmation fr soy to be publish Morow and Brennan both sified that the envelope delivered by Moro to Brenan contained the st 2009 Menovandam ond Mato Teaser together with wo (2) pany redasted associated oni, ‘All the documents haked to Brennan contained redactions. Specialy, all mimes of OAG prosecutor and investigators appearing onthe 2009 Memorandum and emails were ected, excep for the names of former Chef Deputy Attorney General Frank G Finn and Senior Deputy Attorney General Mare Costanzo. 1 is sigutcat th: the only to (2) ames not redoted wore those ofthe former OAG roscitors with whom Attorney General Kae was locked ina public bal over how Kane bad handled sternal ass inthe OAG, expecially the Ai Mate. Shortly afer the delivery of the envelope, Brennan contacted the former proseetors assoeats nat isaemarina Pago wOTT ‘ith the 2009 investigation lc their comment. The former prosecutors texted hat they decine to comment onthe documents and told Brenan tha whomever goth documentation to him had engaged {in a imino, and that hey were duty bound to repr his possesion ofthe documents which were subj to grand jy sore Despite such wamigs, on 16/4 Chris Brennan ofthe Philadephia Daly News, dsslosd ina frontpage news atl tho existence ofthe 2009 Grand Jury Investigation, and that Monde was a suspect inthe investigation Deus icing names, dolar amounts of expenditures and disclosure of ‘such expenditures ~ll under investigation in 2009 ~ together with names of witnesses and investigators were publicly disclosed in the news article ‘Tae atl cited no source(s) fr this leak ofthe Investigating Grand Jury information. Its striking tht th hedlines appearing on bth the fst page ofthe Philadelphia Daly News and page 3 under the banner Daily News, provied as fllows: “State A.G. is Curious About that Big 2009 Probe of Ex-NAACP Boss's Finances” Philaiphia Daily News, Pia, June 6,2014, a FrontPage. “aworney General Kane examining “09 review of ousted NACCP leader's finances" Philadelphia Daly News, Friday June 6, 2014, t Page 3 In oon, the firs seatnco ofthe ance reas as fllws: “Site Attorney General Kathloen Kane is reviewing a 2009 ghand jury investigation of J Wioatt Mondese, former head of the NAACP in Philadelphi, and one of his employees, according odocunents obtained by the ‘Daily News." Paladlphia Daly News, Friday, une 6, 2014, 3tFrot Page ‘The news article gresented in del grand jury evidence, testimony and information while farpeting Mondesre in patil, and also atempted to disparage the devisions of former OAG prosecutors who Attomey General Kane viewed tobe erties of her administration, First Assistant King, ‘Brereton 3" iad ayy ag tesitid thatthe Atomey General was interested in ditclotng the Mndesie information to retaliate psig hese former OAG pesecutors. ‘Despite what was eported in the Daily News, no Formal investigation ofthis cea leak of grand jy information was questioned or pursed by Atomey General Kane. (0) IWEACT OF PRESS REPORT ‘The GIG/L4 published Philadephia Daily News article had an impact within the gene community the OAG, and. Whytt Monde personally In is testimony Monde stated that he was fst contacted by Brennan ofthe Pildepia Dally News about 46 wks before the news anicle speared on 66/14, Mondese testified tht Brennan advised him he had document pertaining the 2009 Cran Jury ivestition, and fered him a oppotnity to review he documents ato comment. Mons dectnd to internet with Brenan stating, Fall a rat his [Bromma reputain, so wasn't ong to cooperate wih hin” Mondetie testified he wa soncemed tat he woul be wicked into saying someting camaging 1 is reputation and het Brenan’ contig im was ep. In adion, Monde tested that he has many years of experience in the printed press and ‘previously worked asa newspaper editor He made it clear in his westimony to this Investigating Grand Sry that it was his opinion tha dounents tind fam a Grand Jury investigation bad vo be by lmproper means. He testified, "you don't get document ff the street, they had to come fom someone inside” Wo also esti th “This information, acording to my rls 1 now and practice, 1 work ora nenspaper now. thi nfrmation fo remain sere especially when a person hat no been charge.” Moncesire testified before tis investigating Grand Jury that when he fist saw the Philadelphia Daily Nows report on 64 he war erched end dumbfounded, He testified that an event of that essa GE Garay) imagined, whee he was ientified to bea subject of rand jy investigation, "is something tha you lon’ org” Mendes, tree ested that morning “his phone rang ofthe hook” with cals coming from friends, elatves, collages and chsh members Mondesve testified of hi pride in achievements stained crag hit longterm serve a8 member and offi of th loa! NAACP chapter ~ al f which had eared hms a reputation inthe community of someone sein oimprove conditions for Aan Americans, He frther etd that he ‘ook pride in being the guy tat peopl sought out for good general advice, admired by the pes, but nw ue tothe newspaper anilehe “él ike a real fer Doe tothe published atl, he tested that public opinion of him changed and his fiends, soit and members within his church question his judgment and questioned whether he had “done something dishonest” Mest esie that unde he clo this epatatio, he was invited” to tes guest on lea tevin pone adesing publi eth was regu least om Sunday, acd fet compelled under the circumstances to dtety defend his hnor and negro fellow pane members ‘ofthe Pensyvania Human Relaons Commission on which he served ‘Notwithstanding the potential impact to Mondesie, Atom General Kane distegarded any such

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