Two former Pa. prosecutors plan libel suit against Daily News over ‘Porngate’ coverage

Marc Costanzo (left) and Frank Fina. (Emma Lee/for NewsWorks)

Marc Costanzo (left) and Frank Fina. (Emma Lee/for NewsWorks)

Two former Pennsylvania state prosecutors caught up in the scandal involving Kathleen Kane over the spreading of pornographic and offensive emails are suing the Philadelphia Daily News, claiming libel.

The two attorneys who worked under Kane in the state attorney general’s office are planning to argue in court that their names were unfairly tarnished by coverage of the “Porngate” scandal.

Frank Fina and Marc Costanzo have already lost a battle in federal court when a judge tossed out their defamation lawsuit against Kane and the Daily News. And while that decision is being appealed, the two have put the Daily News and journalist Chris Brennan on notice in state court.

They plan to argue that former Attorney General Kane, now a convicted felon awaiting sentencing, publicly humiliated them for being part of the exchange of lewd emails.

Many other employees in the office received or sent the offensive messages but were not named by Kane.

Notably, Fina is one of Kane’s political enemies.

Fina left the attorney genera’s office to work in Philadelphia’s district attorney’s office. He left in January. Costanzo is still employed in the Philadelphia office.

Attorneys for Fina and Costanzo did not return calls seeking comment. A spokeswoman for the Philadelphia Daily News declined to comment.

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