DOVER, Del. - Kathy McGuiness is alleging Attorney General Kathy Jennings violated her constitutional rights . She is also seeking damages from Prosecutor Mark Denny, and Chief Investigator Frank Robinson for claims of slander.
In court paperwork filed today, McGuiness claims Robin knowingly drafted an affidavit of probable cause "filled with half truths and false statements."
The former Sate Auditor is also accusing Jennings and Denney defamed her in a press conference in 2021 announcing her indictment. The lawsuit cites how they characterized the criminal charges tied to the state contract payments against McGuiness. The complaint claims the false statements damaged McGuiness' political career.
McGuiness says investigators seized payment records from her office while executing a search warrant on Sept. 21, 2021. Her lawsuit claims "Defendant Robinson and other unknown members of the Department of Justice provided false information and recklessly disregarded the truth.." in statements based on that information in their affidavit.
The 26-page lawsuit also questions the information the probable cause was based on, along with the original search warrant.
McGuiness also claims she was unaware of "the reckless falsity" until the State produced the documents two months after the court's January 31, 2022 deadline for filing of motions to suppress her criminal case.
When asked for comment this afternoon, Matt Marshal with the Delaware Dept of Justice emailed us a statement saying "This is yet another sad, desperate, and wasteful attempt by the ex-Auditor to change the consequences of her actions. We’ve heard this tirade before. It was rejected and she was convicted by a jury of her peers. That she continues to proclaim her innocence is not news.”
In July of 2022, McGuiness was found guilty on two misdemeanors related to misconduct and conflict of interest. She was sentenced to a $10,000 fine and probation and resigned.
McGuiness is appealing that conviction.