The Pennsylvania Supreme Court has denied Attorney General Kathleen Kane’s last-ditch attempt to get the charges against her declared unconstitutional.
Now, Kane’s criminal trial is free to proceed with jury selection today, as planned.
Harrisburg defense attorney William Costopoulos has been following the case closely. But he said it’s difficult to predict how such trials will go.
“White-collar crime, particularly in the past decade, has been very trendy,” Costopoulos said. “Most of the prosecutions have been successful. Not all. But every case rises and falls on the backs, and on the presentation, of the defense.”
Kane is accused of leaking investigation materials to a reporter for at the Philadelphia Daily News to embarras political enemies. Prosecutors said when questioned about the leak she lied under oath.
Costopoulos added he expects Kane’s defense to lean heavily on what he calls “the sympathy factor,” which he said is “very real in this case.” Kane has blamed her trouble on two former state prosecutors who she says were worried she would reveal their involvement in the “porngate” scandal. (She did eventually publicize their involvement sending or receiving pornographic emails over state computer servers)
However, he said doesn’t think there will be any major surprises in the proceedings.
“I really don’t think there are any rabbits in the hat,” he said. “The prosecution’s case is straightforward.”
Kane has repeatedly said she expects to be found not-guilty. She is charged with perjury and obstruction of justice.
Costopoulos said if she’s found not guilty, it is very likely Kane will be able to get her law license back.