DELAWARE - Delaware Attorney General Kathy Jennings has decided not to pursue a retrial of former State Auditor Kathy McGuiness.
McGuiness was originally convicted of two misdemeanor charges of official misconduct and conflict of interest in 2022 after whistleblowers raised concerns over her hiring of her daughter, office spending, and political activity.
McGuiness appealed the court's decision, and in February of this year, the Delaware Supreme Court affirmed the conviction of conflict of interest but remanded the charge of official misconduct. The Supreme Court's decision to send the official misconduct charge back opened up the possibility of Delaware's Department of Justice to retry the charge.
The DOJ ruled out that possibility this week, however, and has decided not to pursue a retrial, according to the Attorney General's office.
"The State will not seek to again convict the ex-Auditor," DOJ spokesperson Mat Marshall said in a statement. "A jury found her guilty three times; dragging the witnesses back to trial would have little practical purpose, at the expense of both the Court’s time and the whistleblowers’ peace. Delawareans moved on almost two years ago. We have, too."