Opinion

In Re: The Thirty-Five Statewide Investigating Grand Jury Pet of: Attorney General Kathleen Kane

Court
Supreme Court of Pennsylvania
Filed
Aug 26, 2015
Status
Published
On the bench
per curiam
Cited by
0 cases
Authority
More cited than 35.0%

The opinion

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

IN RE: THE THIRTY-FIVE STATEWIDE : No. 175 MM 2014

INVESTIGATING GRAND JURY :

:

:

PETITION OF: ATTORNEY GENERAL :

KATHLEEN G. KANE :

ORDER

PER CURIAM

AND NOW, this 26th day of August, 2015, upon the request of the supervising

judge for removal of the seal from all matters involving the 35th Statewide Investigating

Grand Jury and the investigation of Attorney General Kathleen Kane which have been

lodged in this Court, save for grand jury materials such as testimony, exhibits, and in

camera proceedings, and based on the supervising judge’s assurance that there are no

present grand jury secrecy concerns relative to such unsealing, it is hereby ORDERED

that the seal is lifted upon such terms.

M.D. Misc. Dkt.

175 MM 2014

FILED

11/13/2014

Supreme Court

Middle District

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT UNSEALED PER

ORDER OF THE

COURT DATED

IN RE: EMERGENCY APPLICATION FOR AUGUST 26, 2015

EXTRAORDINARY RELIEF

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF

PENNSYLVANIA NO.176 M.D.

MISC.DKT.2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D. 2644-2012

ATTORNEY GENERAL KATHLEEN G. KANE'S EMERGENCY APPLICATION FOR

EXTRAORDINARY RELIEF

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

Allah M. Minoru, Esq.

Attorney ID: 22703

700 Vine Street

Scranton, PA 18510

Attorneyfor Attorney General Kathleen G. Kane

Winston & Strawn, LLP

Gerald L. Shargel, Esq.

200 Park Avenue

New York, NY 10166

Attorney Pro Hac Vicefor

Attorney General Kathleen G. Kane

ReCelved in Supreme Court

NOV 13 2014

Middle

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE: NOTICE OF EMERGENCY APPLICATION

FOR EXTRAORDINARY RELIEF

THE THIRTY-F1VE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF

PENNSYLVANIA NO.176 M.D.

MISC. DKT.2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D.2644-2012

EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF

Attorney General Kathleen G. Kane, by and through her counsel, Amil M. Minora, Esq.,

hereby submits an Emergency Application for Extraordinary Relief to (I) quash the submission

initiating a grand jury investigation into an alleged "leak" of information from a five-year-old

investigation, and the subpoena issued for her appearance and testimony; and (11) to vacate the

related protective order.

1. This Court has the authority to entertain this application pursuant to the Section 3309 of

the Pennsylvania Rules of Appellate Procedure; Section 726 of Pennsylvania's Judiciary

and Judicial Procedure(42 Pa.C.S. § 726); and Kings Bench Power.

2. The annexed Attorney Verification and Memorandum of Law are respectfully submitted

in support ofthis Application.

3. Due to the confidential subject matter of this Application, much of which is subject to a

protective order, we respectfidly request that this Application be filed under seal. A

separate motion to file under seal is appended to this Application.

Minora, Minora, Colbassani,

Krowiak, Manion & Munley

etma /Amt.

Amil M. Minora, Esq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID: 22703

700 Vine Street

cranton,PA 18510

(570) 961-1616

Winston & Strawn, LLP

6r.d.a./ Alioa Ar

Gerald L. Shargel, Esq.

Attorney Pro Hac Vice for

Attorney General Kathleen G. Kane

200 Park Avenue

New York, NY 10166

(212)294-2637

Dated: November 12, 2014

New York, New York

To: Clerk of Court

Thomas E. Carluccio

Special Prosecutor

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE: EMERGENCY APPLICATION FOR

EXTRAORDINARY RELIEF

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY PROOF OF SERVICE

SUPREME COURT OF

PENNSYLVANIA NO. 176 M.D.

MISC.DKT.2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D.2644-2012

I hereby certify that I am this day causing the service of the foregoing Emergency

Application for Extraordinary Relief upon the persons and in the manner indicated below, which

satisfies the requirements of Pa. R.A.P. 121:

Service by Federal Express addressed as follows:

Thomas E. Carluccio

Special Prosecutor

(484)674-2899

Law Office of Thomas E. Carluccio

1000 Germantown Pike, Suite D-3

Plymouth Meeting, PA 19462

Date: November 12, 2014

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

a 4A ;If 40.4044 fiA4

Arnil M. Minora, Esq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID 22703

700 Vine Street Wad in Suprnmo Court

Scranton, PA 18510

(570)961-1616 NOV 1 3 ZOill

Middle

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE: MOTION TO FILE EMERGENCY

APPLICATION FOR EXTRAORDINARY

THE THIRTY-FIVE STATEWIDE RELIEF UNDER SEAL

INVESTIGATING GRAND JURY

ATTORNEY VERIFICATION

SUPREME COURT OF

PENNSYLVANIA NO.176 M.D.

MISC. DKT.2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D. 2644-2012

I, Amil M. Minora, Esq., hereby verify the following:

1. I am an attorney duly admitted to practice in Pennsylvania and before this Court.

2. My office, Minora, Minora, Colbassani, Krowiak, Mattioli & Munley is located at 700

Vine Street Scranton, PA 18510.

3. I represent Attorney General Kathleen G. Kane in this matter, and as such, am fully

familiar with the facts and circumstances of this case.

4. This Verification is respectfully submitted in support of Attorney General Kane's motion

to file the enclosed Emergency Application for Extraordinary Relief under seal.

5. I hereby state that the facts set forth in this motion are true and correct (or are true and

correct to the best of my knowledge, information and belief) and that I expect to be able

to prove the same at a hearing held in this matter. I understand that the statements herein

are rnade subject to the penalties of 18 Pa. C.S. § 4904.

Dated: November 12, 2014

New York, New York

Minoru, Minora, Colbassani,

Krowiak, Mattioli & Munley

etod Ott

Amil M. Minora, Esq.

Attorneyfor Attorney General Kathleen G. Kane

Attorney ID: 22703

700 Vine Street

Scranton, PA 18510

(570)961-1616

Nov. 14. 2014 10:54AM • No. 2875 P. 3

Min• . Minora, Colbassani,

Mattia 'r lunley

*)

frlt .1 . Mino ; q.

Attorney for Attorney General Kathleen G. Kane

Attorney ID: 22703

700 Vine Street

Scranton,PA 18510

(570)961-1616

Winston & Strawn, LLP

.S

Gerald L. Shargef

llf

Attorney Pro Ilac Vice for

Attorney General Kathleen G.Kane

200 Park Avenue

New York,NY 10166

(212)294-2637

Dated: November 12, 2014

New York,New York

To: Clerk of Court

.Thomas E. Carhiccio

Special Prosecutor

Nov. 14. 2014. 10:54AM No. 2875 P. 4

CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

Dated: November 12, 2014

Mii Minora, Colbassani,

uiley

Amil M.Minora,

Attorney for Attorney General Kathleen G. Kane

Attorney ID: 22703-

700 Vine Street

Scranton,PA 18510

(570)961-1616

Winston & Strawn, LLP

1,‘A

Gerald L. Shargel, q.

Attorney Pro Hoc Vice for Attorney General

Kathleen G.Kane

200-Park Avenue

New York,NY 10166

(212)294-2637

14

Nov. 14. 2014 10:54AV No, 2875 P. 5

Mì1i i a, Minora, Colbassani,

"ak, Mattioli unley

M.Mino , sq.

Attorneyfor Atto ey General Kathleen G. Kane

Attorney 10: 22703

700 Vine Street

Scranton, PA 18510

(570)961-1616

Winston & Strawn, LLP

6>e4cif.51 1,•4

Gerald L. Shargel, Esq. (g-A4

Attorney Pro Hoe Vicefor

Attorney general Kathleeh G. Kane

200 Park Avenue

New York, NY 10166

(212)294-2637

Dated: November 12,2014

New York,New York

. To: Clerk of Court

Thomas E. Carluccio

Special Prosecutor

Nov. 14. 2014 10:54AM \10. 2875 P. 6

Dated: November 12, 2014

New York, New York

,Minora, Colbassani,

, Mattioli unley

mi M. Miner6- Esq.

Attorneyfor Attorney General Kathleen G. Kane

Attorney ID: 22703

700 Vine Street

Scranton, PA 18510

(570)961-1616

N o v 1 4. 2014 10 54AM No. 2875 P. 7

Dated: Novernber 12, 2014

New York, New York

Mino Colbassani,

Kr Mattioli unlv

Ami M. Mino „E q.

Attorneyfor Attorney General Kathleen G. Kane

Attorney ID: 22703

700 Vine Street

Scranton, PA 18510

(570)961-1616

Nov. 14, 2014 10:54AM No, 2875 P. 8

Debra McCloskey Todd

Pennsylvania Supreme Court Justice

301 GRANT ST STE 3130

PITTSBURGH ,PA 15219-6401

United States

412-565-2680

Max Baer

Pennsylvania Suprerne Court Justice

301 GRANT ST STE 2525

PITTSBURGH ,PA 15219-6415

United States

412-467-2220

J, Michael Eakin

Pennsylvania Supreme Court Justice

4720 OLD GETTYSBURG RD STE 405

MECHANICSBURG,PA 17055-8419

United States

717-731-0461

Thomas G. Saylor

Pennsylvania Supreme Court Justice

200 N 3RD ST FL 16

HARRISBURG ,PA 17101-1590

United States

717-772-1599

Date: November 13, 2014

Minora, Minora, Colbassani,

Kro7ak, Mattioli & Munley

mil M.ivlin.ra, sq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID 22703

700 Vine Street

Scranton, PA 18510

(570)961-1616

2

• Nov. 14. 2014 10:54AM No.2875 P. 9

Debra McCloskey Todd

Pennsylvania Supreme Court Justice

301 GRANT ST STE 3130

PITTSBURGH , PA 15219-6401

United States

412-565-2680

Max 13aer

Pennsylvania Supreme Court Justice

301 GRANT ST STE 2525

PInSBURGI-1 ,PA 15219-6415

United States

412-467-2220

J. Michael Eakin

Pennsylvania Supreme Court Justice

4720 OLD GETTYSBURG RD STE 405

MECHANICSBURG ,PA 17055-8419

United States

717-731-0461

Thomas G. Saylor

Pennsylvania Supreme Court Justice

200 N 3RD ST FL 16

HARRISBURG ,PA 17101-1590

United States

717-772-1599

Date: November 13, 2014

Minora, Minora, Colbassani,

Krow. k Mattioli & Munley

Am M.Minora, q,

Attorney for Attorney General Kathleen G. Kane

Attorney ID 22703

700 Vine Street

Scranton,PA 18510

(570)961-1616

3 11/13/2014 4:35 PM CT Fax Services •>Sunrethe Court Prothonotary D2

/

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE: MOTION TO FILE EMERGENCY

APPLICATION FOR EXTRAORDINARY

THE THIRTY-FIVE STATEWIDE RELIEF UNDER SEAL

INVESTIGATING GRAND JURY

AMENDED PROOF OF SERVICE

SUPREME COURT OF

PENNSYINANIA NO. 176 M.D.

MISC.DKT.2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D. 2644-2012

hereby certify that, on November 12, 2014, I caused the service ofthe Motion to File

Emergency Application for Extraordinary Relief Under Seal upon the persons and in the manner

indicated below, which satisfies the requirements of Pa. R.A.P. 121:

Service by Federal Express addressed as follows:

Thomas E. Carluecio

Special Prosecutor

(484)674-2899

Law Office of Thornas E. Carluccio

1000 Germantown Pike, Suite D-3

Plymouth Meeting, PA 19462

Ronald D. Castille

Chief Justice

Pennsylvania Supreme Court

1818 MARKET ST STE 3730

PHILADELPHIA ,PA 19103-363.9

United States

215-560-5663

Corrcalc F. Stevens

Pennsylvania Supreme Court Justice

10 FOX RUN RD

Received in Supreme Court

DRUMS , PA 18222-2155

United States

570-788-2897 NOV 1 4 2014

iddle

11/13/2014.4:35 PM CT Fax Services .3 SUAVe COurt Prothonotary Ci 3

Debra McCloskey Todd

Pennsylvania Supreme Court Justice

301 GI-LANT ST STE 3130

PITTSBURGH ,PA 1 521 9-6401

United States

412-565-2680

Max Baer

Pennsylvania Supreme Court Justice

301 GRANT ST STE 2525

PITTSBURGH , PA 15219-6415

United States

412-467-2220

J. Michael Eakin

Pennsylvania Supreme Court Justice

4720 OLD GETTYSBURG RD STE 405

MECHANICSBURG ,PA 17055-8419

United States

717-731-0461

Thomas G. Saylor

Pennsylvania Supreme Court Justice

200 N 3RD ST FL 16

HARRISBURG ,PA 17101-1590

United States

717-772-1599

Date: November 13, 2014

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

o-i_r e v

Amil M. Minora, Esq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID 22703

700 Vine Street

Scranton, PA 1 8510

(570) 961-1616

a 11/13/2014 4:35 PM CT Fax Services .3 Supreme Court Prothonotary 04

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG IHSTRICT

IN RE: EMERGENCY APPLICATION FOR

EXTRAORDINARY RELIEF

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY AMENDED PROOF OF SERVICE

SUPREME COURT OF

PENINSYLVAN1A NO. 176 M.D.

MISC. DKT.2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D.2644-2012

1 hereby certify that, on November 12, 2014,1 caused the service of the Emergency

Application for Extraordinary Relief upon the persons and in the rnanner indicated below, which

satisfies the requirements of Pa. R.A.P. 121:

Service by Federal Express addressed as follows:

Thomas F. Carluccio

Special Prosecutor

(484)674-2899

Law Office of Thomas E. Carluccio

1000 Germantown Pike, Suite D-3

Plymouth Meeting,PA 19462

Ronald D. Castille

Chief justice

Pennsylvania Supreme Court

1818 MARKET ST STE 3730

PHILADELPHIA ,PA 19103-3639

United States

215-560-5663

Correale F. Stevens

Pennsylvania Supreme Court Justice

10 F()X RUN RD

DRUMS ,PA 18222-2155

United States

570-788-2897

Received in

Supreme Court

1 NOV 1 4 2014

Middle

3 11/13/2014 4:35 PM CT Fax Services -> Supreme Court Prothonotary 12 5

Debra McCloskey rodd

Pennsylvania Supreme Court Justice

301 GRANT ST STE 3130

PITTSBURGH , PA 15219-6401

United States

412-565-2680

Max Baer

Pennsylvania Supreme Court Justice

301 GRANT ST STE 2525

PIF1SBURGH PA 15219-6415

United States

412-467-2220

J. Michael Eakin

Pennsylvania Supreme Court Justice

4720 OLD GETTYSBURG RD STE 405

MECHANICSBURG , PA 17055-8419

United States

717-731-0461

Thomas G. Saylor

Pennsylvania Supreme Court Justice

200 N 3RD ST FL 16

HARRISBURG ,PA 17101-1590

United States

717-772-1599

Date: November 13, 2014

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley •

IX{

g,,vt

Arnil M. Minora, Esq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID 22703

700 Vine Street

Scranton,PA 18510

(570) 961-1616

2

M.D. Misc. DKt.

175 MM 2014

FILED

11/13/2014

Supreme Court

IN THE SUPREME COURT OF PENNSYLVANIA Middle District

HARRISBURG DISTRICT UNSEALED PER ORDER

OF THE COURT DATED

IN RE: NOTICE OF MOTION TO FILE AUGUST 26, 2015

EMERGENCY APPLICATION FOR

THE THIRTY-FIVE STATEWIDE EXTRAORDINARY RELIEF UNDER SEAL

INVESTIGATING GRAND JURY

SUPREME COURT OF

PENNSYLVANIA NO. 176 M.D.

MISC. DKT.2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D.2644-2012

MOTION TO FILE UNDER SEAL

Attorney General Kathleen G. Kane, by and through her counsel, Amil M. Minora, Esq.,

hereby moves to file the enclosed Emergency Application for Extraordinary Relief under seal.

1. Attorney General Kane's Emergency Application for Extraordinary Relief requests that

this Court (I)quash the submission initiating a grand jury investigation into an alleged

"leak" of information from a five-year-old investigation, and the subpoena issued for her

appearance and testimony; and (II) to vacate the related protective order.

2. Most, if not all, of the facts supporting the Application are highly confidential and subject

to a protective order. As such, Attorney General Kane respectfully requests that the

Application be filed under seal.

3. The annexed Attorney Verification is respeetffilly submitted in support of this

Application.

Received In Supreme Court

NOV 1 3 2014

Middle

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

Mmole, Ar

Amil M. Minora, Esq.

Attorneyfor Attorney General Kathleen G. Kane

Attorney ID: 22703

700 Vine Street

Scranton,PA 18510

(570)961-1616

Winston & Strawn, LLP

•241/ /19Alc

Gerald L. Shargi71:eq.

Attorney Pro Hac Vicefor

Attorney General Kathleen G. Kane

200 Park Avenue

New York, NY 10166

(212)294-2637

Dated: November 12, 2014

New York, New York

To: Clerk of Court

Thomas E. Carluecio

Special Prosecutor

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE: MOTION TO FILE EMERGENCY

APPLICATION FOR EXTRAORDINARY

THE THIRTY-FIVE STATEWIDE RELIEF UNDER SEAL

INVESTIGATING GRAND JURY

PROOF OF SERVICE

SUPREME COURT OF

PENNSYLVANIA NO. 176 M.D.

MISC. DKT.2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D. 2644-2012

I hereby certify that I am this day causing the service of the foregoing Motion to File

Emergency Application for Extraordinary Relief Under Seal upon the persons and in the manner

indicated below, which satisfies the requirements of Pa. R.A,P, 121:

Service by Federal Express addressed as follows:

Thomas E. Carluccio

Special Prosecutor

(484)674-2899

Law Office of Thornas E. Carluccio

1000 Germantown Pike, Suite D-3

Plymouth Meeting,PA 19462

Date: November 12, 2014

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

666j .14'.44 /Atilt

Amil M. Minora, Esq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID 22703 Court

BMW in Supreme

700 Vine Street

Scranton,PA 1,8510

(570)961-1616 NOV 1 3 2,014

Middle

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE: EMERGENCY APPLICATION FOR

EXTRAORDINARY RELIEF

THE THIRTY-F1VE STATEWIDE

INVESTIGATING GRAND JURY ATTORNEY VERIFICATION

SUPREME COURT OF

PENNSYLVANIA NO. 176 M.D.

MISC.DKT.2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D.2644-2012

I, Amil M. Minoru, Esq., hereby verify the following:

1. I am an attorney duly admitted to practice in Pennsylvania and before this Court.

2. My office, Minoru, Minoru, Colbassani, Krowiak, Mattioli & Munley is located at 700

Vine Street Scranton, PA 18510.

3. I represent Attorney General Kathleen G. Kane in this matter, and as such, arn fully

familiar with the facts and circumstances of this case.

4. This Verification is respectfully submitted in support of Attorney General Kane's

Emergency Application for Extraordinary Relief,

5. I hereby state that the facts set forth in this motion are true and correct(or are true and

correct to the best of my knowledge,information and belief) and that I expect to be able

to prove the same at a hearing held in this matter. I understand that the statements herein

are made subject to the penalties of 18 Pa. C.S, § 4904.

Dated: November 12, 2014

New York, New York

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

ado, M kir

Amil M. Minora, Esq.

Attorneyfor Attorney General Kathleen G, Kane

Attorney ID: 22703

700 Vine Street

Scranton, PA 18510

(570)961-1616

M.D. Misc. Dkt.

175 MM 2014 FILED

11/13/2014

Supreme Court

Middle District

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT UNSEALED PER ORDER

OF THE COURT DATED

AUGUST 26, 2015

IN RE: EMERGENCY APPLICATION FOR

EXTRAORDINARY RELIEF

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY MEMORANDUM OF LAW

SUPREME COURT OF

PENNSYLVANIA NO. 176 M.D.

MISC. DKT.2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D.2644-2012

ATTORNEY GENERAL KATHLEEN G.KANE'S MEMORANDUM OF LAW IN

SUPPORT OF HER EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

Arnil M. Minora, Esq.

Attorney ID: 22703

700 Vine Street

Scranton, PA 18510

Attorneyfor Attorney General Kathleen G. Kane

Winston & Strawn, LLP

Gerald L. Shargel, Esq,

200 Park Avenue

New York, NY 10166

Attorney Pro Hac Vicefor

Attorney General Kathleen G. Kane

Waived In Supremo Court

NOV 1 3 2014

Middle

CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE: EMERGENCY APPLICATION FOR

EXTRAORDINARY RELIEF

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF

PENNSYLVANIA NO. 176 M.D.

MISC.DKT.2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D.2644-2012

Emergency Application for Extraordinary Relief Pursuant to Pa.R.A.P. 3309,42 Pa.C.S. §

726 and Kings Bench Power

MEMORANDUM OF LAW

INTRODUCTION

This memorandum is respectfully submitted in support of Attorney General Kathleen G.

Kane's Emergency Application for Extraordinary Relief Pursuant to Pa.R.A.P. 3309,42 Pa.C.S.

§ 726 and Kings Bench Power:(I) to quash the submission initiating a grand jury investigation

into an alleged "leak" of information from a five-year-old investigation, and the subpoena issued

for her appearance and testhnony; and (II) to vacate the related protective order.

This is "an issue of immediate public importance," and we respectfully request that this

Court "cause right and justice to be done," See 42 Pa.C.S. § 726. Attorney General Kane is

being prevented from protecting the people of the Commonwealth of Pennsylvania, carrying out

the duties of her Office, and removing criminals from positions of power solely by the

machinations oftwo individuals.

CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

Two former employees of the Office of Attorney General — Frank Fina and E. Marc

Costanzo — corruptly manufactured this grand jury investigation to protect their own jobs and

reputations. For years, Fina and Costanzo had viewed and distributed pornographic,

misogynistic, racist, obscene and offensive emails using their state-owned computers. Attorney

General Kane had uncovered those emails, and was set to release them to the public. Faced with

their imminent personal and professional disgrace and desperate to keep their wrongdoing secret,

Fina and Costanzo devised a plot to block their obscene emails from being released to the public.

They triggered this grand jury investigation, they made materially misleading statements to the

court to obtain a protective order, and through their scheming they avoided public exposure.

The grand jury proceeding and the related protective order are now preventing Attorney

General Kane from investigating and potentially prosecuting Fina and Costanzo. As a result,

these two men — peddlers of pornography and obscenity depositing state paychecks — are allowed

to maintain their positions as Assistant District Attorneys in the Philadelphia District Attorney's

Office. This is an injustice of the highest order that cannot be allowed to stand.2

Frank Fina and E. Marc Costanzo should not be permitted to bury the truth of their own

gross misconduct by abusing the powers of the investigating grand jury. We respectfully submit

that the submission initiating this investigation and the subpoena to Attorney General Kane

should be quashed, and the protective order vacated, in the interest ofjustice.3

A selection ofthese emails is attached as Exhibit A.

2

Numerous state employees have rightfully lost their jobs based on the emails collected

and produced by the Office of Attorney General. This includes, but is not limited to, Justice

Seamus P. McCaffery ofthis Court. See In re: Mr, Justice Seamus P. McCaffery ofthe Supreme

Court of Pennsylvania, No. 430, Judicial Adrninistration Docket (Castille, J., Concurring

Statement).

2

CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

STATEMENT OF FACTS

Fina and Costanzo's Years of Gross Misconduct

For years, former Deputy Attorneys General Frank Fina and E. Marc Costanza abused

their positions as state prosecutors and the trust placed in them by the people of the

Commonwealth of Pennsylvania. They regularly received, viewed, possessed and distributed

misogynistic, pornographic, racist, obscene and offense emails on their state-owned computers.

A selection of these emails is attached as Exhibit A.

The emails include, among other things:

An email forwarded by Fina attaching pornographic photographs with the subject "New

Office Motivation Policy Posters"(Exhibit A at 001);

An email forwarded by Fina to an attorney outside the Office of Attorney General

attaching inappropriate images with the inserted comment"My favorite is rainbows,"

referring to a photograph of a woman in rainbow-patterned underwear (Exhibit A at 007,

026);

An email forwarded by Fina attaching altered nude photographs purporting to be of

former Alaska Governor Sarah Palin (Exhibit A at 032);

Email correspondence involving Fina referencing "a murder case" on which he was

apparently working in his official capacity, and attaching sexually suggestive

photographs of a female tennis player (Exhibit A at 040);

3

In the event that the Court cannot fully resolve this Application before November 17,

2014, we request that the Court immediately order a stay of the subpoena issued for Attorney

General Kane's appearance and testimony on that date.

3

CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

- An email forwarded by Fina attaching pornographic photographs showing, arnong other

things, a woman inserting a banana into her vagina, with the subject "Banana Split"

(Exhibit A at 069, 083-086);

An email received by Fina from "Gregory J Policare, Narcotics Agent,PA Office of

Attorney General," attaching a photograph of a topless woman (Exhibit A at 099, 102);

- An email received by Costanzo with the subject "Hot Ghetto Mess!" containing race- and

class-based discriminatory text and attaching racist photographs, including a photograph

of an African American baby holding a rifle (Exhibit A at 103, 145);

An email received by Fina and Costanza with the subject"Men in Training" attaching

photographs depicting, among other things, a young boy looking into the underwear of a

young girl (Exhibit A at 146, 150);

- An email forwarded to Fina and Costanzo attaching pornographic photographs showing,

among other things, a woman inserting a beer glass into her vagina, with the subject "7

XXX Ways to Serve a Man a Drink"(Exhibit A at 157, 163);

An ernail forwarded to Fina and Costanzo attaching pornographic photographs showing,

among other things, a woman inserting a pacifier into her vagina, with the subject "a New

Year's wish for you"(Exhibit A at 166, 178);

An email received by Fina and Costanzo attaching an altered nude photograph purporting

to be of President Barack Obama and former First Lady Hillary Clinton (Exhibit A at

310);

- An email received by Fina with the subject "Great T-Shirts" attaching, among other

things, a photograph of a young woman wearing a shirt with the slogan "Admit it: You'd

Go To Jail For This"(Exhibit A at 375, 379).

4

CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

Exhibit A contains only a small selection ofthe hundreds of similar emails sent and

received by Fina and Costanzo from their state-owned computers. Chief Justice Castille recently

described similar emails as "sexually explicit pornographic emails" which are "clearly obscene

and may violate the Crimes Code Section on Obscenity[1" In re: Mr. Justice Seamus P.

McCaffery of the Supreme Court of Pennsylvania, No. 430, Judicial Administration Docket

(Concurring Statement), at 1.

Attorney General Kane Uncovers Fina and Costanzo's Criminal Conduct

In February 2014, newly-elected Attomey General Kathleen Kane set in motion a series

of events that threatened to expose Fina and Costanza's potentially criminal misconduct.

Attorney General Kane had been elected on a platform of public transparency. One of

her first acts in office was to review the Jerry Sandusky child sexual-abuse prosecution, to

determine why the investigation of Sandusky had suffered through so many delays, Attorney

General Kane appointed Professor Geoffrey Moulton on February 4,2013 to lead that review.

As part of the review, Moulton reviewed emails sent and received by the Office of Attorney

General.

In October 2013, the scope ofthe information available to Moulton and his team radically

expanded. A Special Agent working on the review devised a process to retrieve emails that had

been deleted from the system. Suddenly, Moulton had access to a much larger universe of

emails sent and received by employees of the Office of Attorney General.

That larger universe included emails that Frank Fina and E. Marc Costanzo believed they

had deleted and hidden forever.

5

CONTAINS CONFIDENTIAL INFORMATION

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REQUEST TO BE FILED UNDER SEAL

Fina Attempts to Conceal His Crimes But Fails

When Frank Fina learned that Moulton had obtained access to his previously-deleted

emails, he knew that his career was on the verge of collapse. The obscene emails he had sent

and received from his state-owned cornputer were now in the hands of Professor Moulton and

Attorney General Kane. In accordance with Kane's policy of public disclosure and transparency,

those emails would soon be released to the public. Personally and professionally, Fina would be

ruined.

Between October 2013 and April 2014, Fina embarked on a campaign to suppress the

emails that would rightfully destroy him. He failed. On April 24,2014, Judge Krumenacker

denied Fina's request to block the public release of his emails.

Fina and Costanzo Scheme to Conceal their Crimes by Abusing the Grand Jury Process

The next step in Frank Fina's plot took just over a month to complete, On May 29, 2014,

he and E. Mare Costanzo secured the appointment of a Special Prosecutor to investigate

Attorney General Kane in connection with an alleged •leak of grand jury materials,

On September 11, 2014, Attorney General Kane received a subpoena under which she

was ordered to appear as a witness before the Pennsylvania Statewide Investigating Grand Jury

"to testify and give evidence regarding alleged violations of the laws of the Cornmonwealth of

Pennsylvania1.1" The subpoena was signed by Supervising Judge William R. Carpenter. It

instructed Attorney General Kane to direct any questions about her appearance to Deputy

Attomey General Thomas Carluccio, the Special Prosecutor assigned to the case.

Carluccio was charged with investigating whether Attorney General Kane unlawfully

disclosed confidential grand jury material. The grand jury material allegedly disclosed was an

6

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internal memorandum about a 2009 grand jury investigation into the finances of J. Whyatt

Mondesire, the former head ofthe NAACP Philadelphia chapter.

At the time of the Mondesire grand jury proceedings(beginning and ending in 2009),

Attorney General Kane was a stay-at-home mother, She was not involved in any capacity in the

Mondesire grand jury proceedings. Accordingly, she took no oath of secrecy with regard to

those proceedings. Attorney General Kane was not sworn into office until January 15, 2013.

Fina and Costanzo, both experienced prosecutors, knew that Attorney General Kane

could not have violated the law in connection with the release of any materials related to the

five-year-old Mondesire grand jury investigation. Pursuant to 42 Pa.C,S. § 4549(b), only "a

juror, attorney, interpreter, stenographer, operator of a recording device, or any typist who

transcribes recorded testimony ... shall be sworn to secrecy" regarding "matters occurring before

the grand jury[1" 42 Pa.C.S. § 4549(b). "All such persons," and only those persons, pursuant to

the statute, "shall be in contempt of court if they reveal any information which they are sworn to

keep secret." See id. Attorney General Kane therefore could not have violated the law in

connection with any disclosure related to the 2009 grand jury proceeding because she was not

sworn to secrecy with regard to that proceeding. See Castellani v. Scranton Times, L.P., 598 Pa,

283, 307(Pa, 2008)rOnly the grand jury participants are bound by the oath of secrecy" and

only they have a duty "to uphold the integrity of the grand jury process. [O]nly the individual

swearing the oath can violate grand jury secrecy" and it is only that individual "who has the

capacity to commit a crime.").

This legal barrier was immaterial to Fina and Costanzo, because they only required the

initiation of investigating grand jury proceedings.

CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

Fina and Costanzo Make Materially Misleading Statements Under Oath

Fina's scheme to prevent Attorney General Kane from releasing his obscene emails was

nearly complete. He had secured an investigation into the conduct of the Office of Attorney

General. But he still needed an Order that would block the release of his obscene emails.

On August 25, 2014, Fina and Costanzo appeared before Judge Carpenter.4 Both Fina

and Costanzo provided the Court with materially misleading descriptions ofthe emails that they

hoped to conceal from the public, in an effort to secure a protective order barring public release

of the emails.

Instead of appropriately describing the emails that were uncovered as pornography,

obscenity and depravity ofthe highest order, Fina instead told the Court that the issue was

"personal emails of mine that had been uncovered during the review of the Sandusky case by

Geoffrey Moulton,"

Costanzo described the mails as "personal and private emails that were received by me

and others who are current and former members ofthe staff, of a personal nature." Costanzo

continued: "Just so it's clear, the sending and receipt of personal emails was absolutely

authorized by the Attorney General. We were permitted to both send and receive emails of a

personal nature with no actual caveats in place in terms oftheir possible dissemination in the

future."

Neither Fina nor Costanzo offered any true and complete description ofthe emails that

they were seeking to keep secret. They did not inform the court that their "private" emails were

actually collections of pornography received and viewed on state-owned computers.

A transcript of the appearance was submitted to this Court by Judge Carpenter, in

connection with a separate challenge to the protective order by the Office of Attorney General.

8

CONTAINS CONFIDENTIAL INFORMATION

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REQUEST TO BE FILED UNDER SEAL

Fina and Costanza Realize their Corrupt Objective by Obtaining a Protective Order

On August 27, 2014, the Court issued a protective order based on Fina and Costanza's

materially misleading testimony. (Exhibit B, Order dated August 27, 2014.) That order

prevented the Office of Attorney General from releasing the pornographic and obscene emails

received by Fina and Costanza on their state-owned computers.5 As a result, it also allowed Fina

and Costanzo to keep their jobs as state prosecutors despite having themselves engaged in an

ongoing course of potentially criminal conduct.

ARGUMENT

POINT ONE

The Submission Initiating the Grand Jury Investigation and the Subpoena Issued for Attorney

General Kane's Appearance and Testimony Should be Quashed

The submission initiating grand jury investigation and the subpoena issued to Attorney

General Kane should be quashed because these grand jury proceedings are irreparably tainted.

Frank Fina and E. Marc Costanzo subverted the power of the investigative grand jury to conceal

their own crimes and to preserve their own jobs and reputations. This runs contrary to the most

essential safeguards underlying the grand jury process.

One ofthe most basic and important functions ofthe grand jury "is to stand between the

government and the citizen and thus to protect the latter from harassment and unfounded

5 Specifically, the order directed all employees of the Office of Attorney General to

refrain from engaging in, or soliciting, any act of obstruction, intimidation or retaliation against

any witness summoned by the Grand Jury in the Special Prosecutor's Investigation." (Exhibit B,

at 2.)

The protective order was subsequently modified on September 17, 2014 and October 30,

2014, but the above-referenced portion ofthe order remains in effect.

9

CONTAINS CONFIDENTIAL INFORMATION

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prosecution." United States v. Dionisio, 410 U.S. 19, 45(1973)(Marshall, 7., dissenting). The

grand jury maintains this "insulating" function even when acting "in its investigative capacity."

Id.

As Chief Justice Warren wrote ofthe grand jury in Wood v. Georgia, 370 U.S. 375, 390

(1962):

Historically,sthis body has been regarded as a primary security to the innocent

against hasty, malicious and oppressive persecution; it serves the invaluable

function in our society of standing between the accuser and the accused, whether

the latter be an individual, minority group, or other, to determine whether a charge

is founded upon reason or was dictated by an intimidating power or by malice and

personal ill will.

In this case, the power ofthe investigating grand jury has been corrupted to serve the

criminal ends — the "personal ill will" — of Frank Fina and E. Marc Costanza Faced with

personal and professional ruin, they acted in desperation to avoid the public disgrace that they

richly deserve. They were the individuals that instigated this investigation. They did so to

further their own unlawful agenda. The power of the grand jury, instead of acting as a "shield to

the innocent," was in this case misused to protect two peddlers of depravity from public

exposure.

Fina and Costanzo's misuse of the grand jury is exacerbated by the fact that they knew

that no unlawful act could have been committed •by Attorney General Kane, as a matter of law,

as she was never sworn before the 2009 grand jury. She could not have committed any unlawful

act of disclosure; she had no "capacity to commit a crime" under 42 Pa.C.S. § 4549(b). See

Castellani, 598 Pa. at 307.

The fact that Fina and Costanzo subsequently offered materially misleading testimony tin

connection with the grand jury proceedings should be sufficient in itself to justify quashing

10

CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

submission initiating the investigation. Their sworn testimony on August 25, 2015

unquestionably contained material omissions. The emails in question were not "personal" and

"private emails that were "authorized" or "permitted" by the Office of Attorney General. They

were vehicles for transmitting criminal obscenity from state-owned computers. See In re: Mr.

Justice Seamus P. McCaffery of the Supreme Court of Pennsylvania, No, 430, Judicial

Administration Docket(Concurring Statement), at 1 (discussing "sexually explicit pornographic

emails" which are "clearly obscene and may violate the Crimes Code Section on Obscenity[d").

Under Pennsylvania law, this constitutes at the least false swearing under 18 Pa.C.S. § 4903.

Fina and Costanzo initiated the grand jury investigation in this case. Based on their

willingness to mislead the court about their own wrongdoing, there can be no confidence in the

truth or completeness of any sworn statement they made in doing so.

The machinations of Frank Fina and E. Marc Costanzo must not be rewarded. We

respectfully submit that the submission initiating this grand jury and the subpoena to Attorney

General Kane must be quashed.

POINT TWO

The Protective Order Should be Vacated Because Attorney General Kane is Being Unlawfully

Prevented from Performing Her Duties

The protective order issued in connection with this investigation must also be vacated in

order to avoid a Constitutional Separation of Powers violation.6 Attorney General Kane is the

chief law enforcement officer for the Commonwealth of Pennsylvania. She is charged with

6

The protective order is also the subject of a Petition for Review filed by the Office of

Attorney General on November 10, 2014, See Pennsylvania Office of Attorney General v.

Supervising Judge of the Thirty-Fifth Statewide Investigating Grand Jury, No — MM 2014, dated

November 10, 2014.

11

CONTAINS CONFIDENTIAL INFORMATION

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investigating and prosecuting criminal acts that fall within her purview. She was elected to carry

out that duty. She has an unconditional obligation to protect the citizens of this state from

criminality, particularly when the offenders at issue are public servants abusing their office. The

corrupt machinations of Frank Fina and E. Marc Costanzo have wrongfully caused the judiciary

to bar her from discharging the duties of her Office.

The protective order prevents Attorney General Kane from exposing the truth about Fina

and Costanzo to the citizens of Pennsylvania, and seeing them removed from their positions as

Assistant District Attorneys. Based on the emails they received, possessed, viewed and

distributed on their state-owned computers, they should be investigated and possibly prosecuted.

Under the terms ofthe protective order, it is currently impossible for the Office of Attorney

General to carry out this responsibility.

The protective order also prevents Attorney General Kane from investigating leaks

associated with this grand jury proceeding. There have been multiple news reports containing

information about this grand jury proceeding, rneaning that someone involved in the

investigation is unlawfully providing information to the press. (See Exhibit C.) The Office of

Attorney General cannot investigate these leaks — as it is charged with doing — because its

investigation may be perceived as running afoul of the overbroad protective order.

Finally, the protective order prohibits Attorney General Kane from investigating any

crimes that may have occurred in connection with the grand jury proceedings themselves. This

includes, but is not limited to, the materially misleading testimony provided by Fina and

Costanzo on August 25, 2014.

Under the terms of this protective order, Attorney General Kane and the Office of

Attorney General cannot perforrn their law enforcement duties. The restriction on Attorney

12

CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

General Kane's power to investigate and prosecute is the product ofjudicial action. The ultimate

result is a violation of the Separation ofPowers Doctrine of the federal and state constitutions.

The protective order must therefore be vacated.

Other Grounds for Relief

The submission initiating the grand jury investigation and the subpoena should also be

quashed, and the protective order vacated, because this investigation has been tainted throughout

by leaks aimed at discrediting Attorney General Kane. On multiple occasions, information

relevant to the grand jury proceedings have been leaked in a form designed to slander Attorney

General Kane's reputation, and the reputation of the Office of Attorney General. (See Exhibit C,

collected news reports.) The failure to maintain the integrity of the grand jury proceedings in

this case is sufficiently serious and wide-spread that quashing the submission and the subpoena

and vacating the protective order is warrantee

CONCLUSION

For the reasons set forth above, we respectfully submit that:(I)the submission initiating

the grand jury investigation and the subpoena to Attorney General Kane should be quashed; and

(II)the protective order should be vacated, under Pa.R.A.P. 3309,42 Pa.C.S. § 726 and Kings

Bench Power. This is clearly "an issue of immediate public importance," and we respectfully

request that this Court "cause right and justice to be done." See 42 Pa.C.S. § 726.

7

The extensive leaks in this case likely constitute the criminal offense of harassment,

intimidation or retaliation against a prosecutor under 18 Pa.C.S. § 4953, as well as obstructing

administration oflaw or other governmental function under 18 Pa. C.S. § 5101.

13

CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

Dated: November 12, 2014

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

a.14;) A ,A.44.01 bemic

Amil M. Minora, Esq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID: 22703

700 Vine Street

cranton, PA 18510

(570)961-1616

Winston & Strawn, LLP

6-A411 SW"/Alt

Gerald L. Shargel, Esq.

Attorney Pro Hac Vice for Attorney General

Kathleen G. Kane

200 Park Avenue

New York, NY 10166

(212)294-2637

14

EXHIBIT NOT REPRODUCED

DIGITALLY Available in Prothonotary's

Office

EXHIBIT A

(emails and images 398 pages)

EXHIBIT B

IN THE COURT OF COMMON PLEAS

MONTGOMERY COUNTY,PENNSYLVANIA

IN RE: • : SUPREME COURT OF PENNSYLVANIA

: NO.176 M.D. MISC DICT.2012 •

THE THIRTY-ITVE STATEWIDE

: MONTGOMERY COUNTY COMMON PLEAS

.INVESTIGATING GRAND JURY : M.D. 1424-2014

• : NOTICE NO,123

ORDER

AND NOW,this 27th day of August,2014, it is hereby ORDERED,pursuant to

18 Pa.C.S.§ 4954 (relating to protective orders), that:

1. The Office ofthe Attorney General, except upon specific authorization by

this Court or the Special Prosecutor, shall refrain from any involvement in,

or access to, the investigative efforts of the Special Prosecutor.

2. Employees ofthe Office ofthe Attorney General shall refrain from

• engaging in, or soliciting, any act of obstruction, intimidation or retaliation

against any witness summoned by the Grand Jury in the Special

Prosecutor's investigation,

3. All transcripts of Grand Jury testimony shall be given only from the

Stenographer or their employer directly to the Supervising Judge and the

Special Prosecutor, no copy shall be given to the Attomey General's

Office.

4. Employees.ofthe Office of the Attorney General shall not have access to

trans.cripts of proceedings before the Grand Jury or Supervising Judge,

exhibits, or other information pertaining to the Special Prosecutor's

investigation. All information related to the work ofthe Special

Prosecutor shall be kept in the custody of the Special Prosecutor and

•

SuperviSing Judge.

5. Any person, including employees ofthe Office of the Attorney General,

who engage in any act of obstruction, intimidation or retaliation against a

witness summoned by the,Grand Jury in the Special Prosecutor's

investigation may be prosecuted as set forth in 18 Pa.C.S.§ 4955(relating

to violation of orders) and any other applicable provisions ofthe Crimes

Code ofPennsylvania.

6, The Special Prosecutor shall serve a Copy of this Order upon the Office of

the Attorney General.

7. The contents ofthis Order are sealed, and shall not be disclosed (either

verbally or in writing) by the Office ofthe Attorney General to any

individual outside ofthe Office of the Attorney General under penalty of

contempt of court.

BY THE' COURT:

WILLIAM R.CARPENTE J.

.Supervising Judge

Copies sent on August 27,2014.

By First Class Mail to:

Kathleen G. Kane,Pennsylvania AttofneY General

Thomas E. Carlucci°,Esquire

EXHIBIT C

State A.G. probed Philly NAACP leader Mondesires finances 5 years ago

Page 1 of 5

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State A.G. probed Philly NAACP

leader Mondesirets finances 5 years

ago

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STATE ATTORNEY General <sorban

tia Knne is reviewing a 2008 grand-lury

Bouncers shoot man

at Phila. slrip club

•

Yvestigetlan ofj. ihthyatt Mondesire, former boat of th.o

NAACP in Philadelphia, and ono of hls employees, according

lo documents obtained by the Puffy MAYS.

Teen pulls Philly cop

Mondesire's employee, Harriet Garrett, and her daughter from burning ear

pleaded guilty in 2010 to steeling Toady $2213,000 In state

grant money for a job-lraInIng program. Garrett was

sentenced to aminirnum of six months in Jail and ordered to

Another teacher

pay restitution. Her daughter got 18 months prohation. assaulted nt Bart-ram

A 2008 mune written by their-Deputy Attorney General

William Davis Jr. says Investigators "uncovered what

appeared lo bo questionable spending" of stale money by

Kane's car small

Monoestre. Irre.111

.7 again

derailed testimony

Kane, a Democrat, is now trying la ddlermina what happened `0 • --

wIth the Mondesire investigation. Gov. Corbett a Republican,

was the attorney gmeral al the liTRE:. US'bishops struggling

to adapt to pope

unRECOVERRGE

Polio. Probe Shooting al upper 11:vaiet: complex

Chas Re thief of staff subpoenaed

http://www.philly.corn/philly/news/201 40606State_k_G probed_Philly... 1 1/10/2014

Exhibit C 001

State A.G. probed Philly NAACP leader Mondesire's fmances 5 years ago Page 2 of 5

Travel DetrIs fdlondeslre, 54, says he was never quelloned and denies any

_ —

financial wrongdoing.

eClFSE

, The 2009 Davis memo detailed for his bosses what had been

uncovered about Mondeslre and Garrett, who worked at the

Phlladelphla Sunday Slin, a weekly newspeper Mondeslre

publishes.

& tip — End.lin.:

Caribbean Cruise Solo

A nonprofit called Next Generation Community Development

Sen dr Is

Corp., which Is operated by Mondeslre, held a state-

government grant for a jobs-trainlng program ln 2004 end

1.4mo oeIRAVELZ06 2005, but handed it off lo Garrett, who ran another nonprofit

-norm Z. A/so ea Altillif.cont

called Creative Urban Education Systems, or CUES, SUSIIICSS:

sewn:ling to the Davis memo, GM ordered switches

nearly 2 months

Weekty Ciretehrrs before recall

Mondasire was listed as chairmen of the CUES hoard, the

marine noted, while Garrett nerved as tho treasurer for'NeY1

Generation's board.

•VIEZECT, MALIN

Davis wrote hls mernoto then.Chiof Deputy Attorney General The 5 be.st exercises

hin runners

Frank Fine and then-Senior Deputy Attorney General E. Marc

TNItWi 115.4 Costanzo.

Buy Two, Gel,One Free

MI Video Garen.

11-m14...Orgy Corbett, as attorney general, named Fine in 2008 to head a

SPORTs:

new public-corruption unit and Costanza to work on cases for Snitches Ims chance to

the unit bin the Philadelphia region. be great

MARE

111(.11•:.

Floe and Costanzo now work In a sirnilar Unit tor DistrIct

IOv

,15,va•- I Attorney Seth Whiners,

ENTERTANMENTI

In themPli10, Davis wrote: Stephen A.Smitìu to

Make Mere Hupp en F broadcast from

Less -Wenn

12.20.ff HOMY " Next Generation's bank-account records, obtained with a

• • •• • graild-lutv subpoena, showed deposits of $1.2 rriillinn In

See More Clecuiars

government grants Ina one-year period.

Phut ancl

Another 5521,000 kith() account came from political steaks return to a

campaigns,rent payments and the Intermingling of money Cherry Hill-landmark

from the ,Sunday Sun,+Ala Is owned and operated by

Mandeslie, the memo said,

'Next Generation paid 52,272 40 tho Philadelphia Club, a Haw should I manage

my worklund while

private and exclusive dub In Center City. Pin on vacation?

Nexi Generation spent lens of thousands," writing cheeks to

pay Mondestre's American Express bill kir "clothes,food,

Stan Connected

lodging gas end erdertelarnonfii und a loan from Mellon Bank.

Gat am Al tea'laWlyasat cel,t,lianalortos oaratetier

There were also checks written lo Mondesire atrb 4o "cash." chtlittraal your otaad SO. up veal

ErtOva,:,nt iteltitass ro_spn

• NextGeneratIon wroto checks for $169,900 to Charles and

Claudia Tasco and their company, CSC Construction. torndy pilty.uponriAnLo? O Vos

. .. . .. . . . .

(Charles Tessa ls the son ot City Councilwoman Marlon

-fiasco, a friend and poetical ally of Mondesire's for more than

three decades.) A DAILY Imo QR0N.AL WATLYNEWS

.

▪ $0,451 In CMS money was given to Mondesire for what

Garrett called consulting. Thal type of expense was not FO THE COMPLETE

allowed, according to the rules of the grant. DAI TNEWR EXPERIENCE,

"lrr"various correspondence" between Garrett and Moridesiro

discovered by investigators, she questioned payments of jeitioiLa6ov.v;

more than $70,000 he made to Claudia Tasoo.

'CUES paid g f,00g for hoard,Insurance for Mondeslre.

'Davis wanted to question Mondeslre - and possibly

subpoena him far sworn grand-jury lestlmony - about Garrett,

CUES and Next Generation,

http://www.philly.com/philly/news/20140606_State_A_G probed_Philly... 11/10/2014

Exhibit C 002

State A.G. probed Phifly NAACP leader Mondesire's finances 5 years

ago Page 3 of 5

Never questioned

Moneesire, a termer Inquirer reporter who served es the top

alde lo the late U.S. Rep. Bill Gray, said no ono from the

Office ever questioned hlrn,

'We didn't 115 n any money tor persona! galri, Mondesire said.

He said that he has not seen the A.G. Office's documents nd

tWice declined an offer Vern the Daily News lo revlew them.

Mondesire said C&C Construction worked on four properties,

including the NAACP headquarters and his newspaper office,

Wlinfn Ilie Next Generation non-profft ts also located.

'We bought supplles with my American Express card for

construction," he said.

'They never asked me a single question back in 2009. We

rehabbed the hulldings. We spent money buying Muffler lha

buldings, censtruction and paying off developers."

Garrett declined to comment about the invesfigalions. Fier

daughter did not respond to requests for comment.

The May 20-10 news mlease about Gerrett's arrest featured

Corbett laying out the charges.

Corbett did not respond this week to two questions: Was he

briefed on the Mondesim investlgollon and did he play a role

In decidno whet happened with teal probe?

Mondeslre was suspended by the NAACP's national

headquarters In April after he teuded publicly with board

members about the finances of the !coal chapter and Next

Generation.

Those board members - Sid Booker, Donald "Ducky Birts

and the Rev. Elisha Merda - also were suspended.

Booker and Morris, whs say they are still Next Generation

board members, are naw asking a Common Pleas judge to

force Mondesire to show them the nonprofles financtel

records.

As a judge considers that request, Karre's staff is reviewing

what became of the 2009 Mondestre probe.

Davld Pelfer, who heads the A.G.'s Bureau of Special

Investigations, on March 21 intendewed Michael Mtletto, the

speclat agent who investigated Garrett and IvIon.clestre.

The Daily News obtalned 13 transcript of that taped Interview,

Mlletto told Petfer that he subpoenaed Next Generation's

bank ac.courd, the transcript shows.

'When l diet that, I found that there was a whole bunch of

money that appeared to me to be donallons to IT113 NAACP,

not 1[Mendestra], arsl they wem going Into Next Generation's

account and they were being used for [Mondesirees] lifestyle -

much of it,'' Moho told Pelfer.

Milano said he was taken off the case alter Fine and

Costanno WWI ISA about the probe, according to the

transcript.

http://www.philly.com/philly/news/20140606_StateA9 probed_Philly... 11/10/2014

Exhibit C 003

State A.G. probed Philly NAACP leader Mondesire's finances 5 years ago Page 4 of 5

Miletto said 'crirrilnel activity was Just ignored after that, He

added that Iwo accountants who had worked for Mondesire

had provided taped statements, with one asking for irnmunity

and the other asking for protection.

Fina and Costanzo declined to comment about the Mondestre

investigalLon, citing Ma %crab,

/ oi grand-Jury proceedings.

Davis, now in private practice, also declined 10 comment,

citing the same restriction.

Ml!ntto, who still walks for the A.G.% office, also declined to

comment

Pelfer referred questions to Kana% cornmUnlcations staff.

J.J. Abbott, a spokesman for Kano, doclined to comment.

The Karie-Fina feud

['Ina and Costanza have a complicated and controversial

relationship with Kane.

Kane criticized Coibett's tenure as attorney general when she

ran for office in 2012, specifically targeting the Penn Stale

child-abuse scandal (hal sent fomor assistant football coach

Jerry Sandusky to prison.

Kana's stall is new conducting ani extensive review of that

investigation.

Fine lad the Sandusky probe.

Kane, on Feb. 5, Issued a statement noting that har office%

Sandusky review had boon underway for one year, adding

lhat delays in the undertaking bo described In more detail

when the raped is rnade public."

A rnonth later, tho Inquirer reported that Kane declined to

pursue an investigation previously led by Flea and Costanza,

stwting In 2010, that used Philadelphia lobbyist Tyron All as a

confidential informant to tape conversations with four Philly

state representatives and a former Ti affic Court judge. On ihe

tapes, the representatives and judge accept cash or gilts horn

Ali.

Kane has said Ana dropped 2,033 criminal counts against Ali,

who had been charged with steallng $430,000 from e state

program, 24 days before she was sworn Into office.

She said that "extraordinarily lenient'. deal "crippled the

chance ef this case succooding in prosecution."

Etna, in a letter published by tha lnqtarer a Week alter the first

story ran, called on Kane to explain her decision.

The Thquireralsu published u letter that day from Fina% hoes,

Williams, critical of Kane.

Kane eventualiy turned over the Ali case file to tAillliains, who

is now examining whether charges cari be brought against Ina

four representatives and the Traffic Court judge, who Is

currently on trial in an unrelated federal corruellori case.

bap://www.philly.corn/philly/news/20140606_State_A G probed_Philly... 11/10/2014

Exhibit C 004

State A.G. probed Philly NAACP leader Mondesire's finances 5 years ago Page 5 of 5

On Twill-ton (21au1sOrannan1N

ph.ly7PhillyCinuLcnm

CORM IOILTINAN

Derni) News Staff WHIP'brennacephWUrteWstun

2,5-44 ,59.7.1V,

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Exhibit C 005

Special prosecutor probes Pa. Attoiney General's Office Page 1 of 5

• Monday, November 10,2014

'" " • • •• • _ L5551n: 3.1y5ri In I .0.I09050, f h g

r, 0John Bolorls' Forecast is

0 Philadelphia, PA philly.com Search Subril

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LAST II PDATETI: Suoday,Aunost rLl, 2014, 1105 A51

A spacial prosecutor is investigating

Ztangitrer whether the office of Pennsylvania

Attorney General Kathleen G. Kane leaked confidential grand

jury material to a newspaper In a bid to strike bactc at former

prosecutors In the office who had been criticai of hal',

according to several people familiar with the matter.

Thu special prosecutor has issued several subpoenas to

Kane'S Office and others to explore how secret records

became public this year about a 2009 Investigation by the

Attorney Genera fa Office irwolving Philadelphia political

activist J,Inkiyah Mondeslre, the solaces said, More efdeos:

Though there have been periodic inquiries into grand jury

leaks in the past this appears to be first time the stale

attorney generai or top staffers In the office have come under

scrutiny.

Mosf Viefuritf Netus SIor[co f

http://www.philly.com/philly/news/politics/20140831J-leadline_here ... 11/10/2014

Exhibit C 006

Special prosecutor probes Pa. Attorney General's Office Page 2 of 5

Reached for comment late Saturday afternoon about reports

Bouncers shoot man

of the leak probe, J.J. Abbott, a Kane spokesman, referred at Phfia. strip club

those questions to Renee Martin, Kane's acting

communications director. MarlIn did not return phone calls,

II is unclear who commissioned the investigation, nor was The Kane's car crash

Inquirer able to determine the special prosector's name. But derailed testimony

again

typically, sources said, such a decision would need approval

from the Pennsylvania Supreme Court.

A person who violates grand jury secrecy rules may be round US bishops struggling

guilty of contempt of court and sentenced to up to six months to adapt to pope

in prison.

The leak Inquiry was prompted by a Philadelphia Daily News

article In June that drew heavily upon a 20D9 internal memo Merchants say

cigarette tax is

prepared as part of a grand lury Investigation that husiness-killer

summarized the status of the Mondesire probe.

The newspaper story questioned whether top prosecutors in

the office at the time, including then-Chief Deputy Attorney Pa. officiars

complicated life as a

General Frank G. Flea, had pursued the Mondesire probe lesbian

aggressively.

Over the last year, Kane, a Democrat, has been locked In an

increasingly bruising battle with Fine and other former

prosecutors and investigators who worked under liar

Repnblican predecessors over how certain high-profile cases

Travel Dank were handled.

-- •

Critics have faulted Kane for her decision to shut down a sting

launched by Firm that sources and frivestigative documents

say captured five Philadelphia Democratic officials taking

cash payments or gifts.

524o a kivr --Endo/MS: The Daily News article based on the leak seemed to suggest

ANO OTI.Phaftf.INIT/1

C.ribboaio Cruise Salo Fine and other former state prosecators had fallen short in

wIllpgrados BUSINESS:

see ail travel deo!. o pursuing a case against Mondestre, GM ordered switche,h

nearly 2. months

UNTEE.traRAVELZOO

Flna did not return telephone calls seeking comment for this before recall

Tonin 1.co, mos IBEINIBB,

article. In a previous interview, he adamantly denied any

suggestlon that he did hot aggressively pursue the Mondesira

investigation, as has the lead prosecutor who was assigned to liEALTI I:

Circirtars The 5 best exercises

that probe. for runners

tarib'gi No charges were filed in that casa. Mondesire, a longtime

ti7A'1% leader of the NA.ACP in Philadelphia, has denied any

wrongdoing.

KVVIAITing.

• __._ _ SPOIITŠ:

Sanchez has chance to

ROY TWO' -''

In a twist, the special prosecutor's leak investigation has be great

TARGEX trSta

v tro; rn1 e Free

ELAy:: Intersected with a separate and seemingly unrelated legal

fight involving many of the same combatants In another

VHI.WEEn OWN

matter: the exchange of sexually explicit e-mails among

EllT8NTAGMENT:

former and current stale officials Stephen A. Smith to

MAKE broadcast from

to:0,PM The messages, shared on state computers and sometimes [Wenn

r

through government e-mail accounts, arc said to have

contained pornographic images,Jokes, cartoons, and other

STAPLES: FOOD:

prhiate messages, according to people familiar with them.

NIAIIr NIB!. liapper, For

Less

http://www.philly.comiphilly/new s/p olitics/20140831 _Bead]ineilere_in__ 11/10/2014

Exhibit C 007

Special prosecutor probes Pa. Attorney General's Office Page 3 of 5

)1119 WEER ONLY' ---

Not all the recipients are known, By some accounts, some of make over a South St.

See More Gil-milers the material was circulated among scores of officials, from bar

homicide investigators in the Attorney General's Office to

state prosecutors and caner state officials, Including top

Pennsylvania jurists, JOšS

How should I manage

my worlcload while

The ingulrer and other news organizations have filed Right-to- rm on vacation?

Know requests with the Attorney General's Office seeking

information about those e-malls, but a Judge has blocked the

office from deciding whether they can be released. al.ry Cowlacted

Gel anet5ietl Philly.coon haily Headlines noosiellet

The e-malls have become art issue in connection with the delivered lo yan,amok Sign up nowt

leak inquiry, with some Kano critics arguing that Karre's office

trae exn,10 address la sien te

Is using the threat of thelr teloase as a way to silence

Already o phlaky.cm, roembiri 0 Vas O Ka

criticism, sources told The Inquirer,

kr an article published Saturday, the Pittsburgh LTrIbune-

Review reported that the Attorney General's Office, In Ati,INIOLUMBROOLGINA16 Orielloviistr

response to that newspaper's Right-to-Know request, had

said a judicial stay barred the office from saying whether it

;DISCO T

could release the e-mails. t4ORE

Martin, Kane's chief spokeswoman, told the Pittsburgh

newspaper she cotild not reveal the name of the judge or•tha

court that issued the stay.

That a judge has issued a temporary stay suggests that legal

fight is ongoing.

The leak Investigation by the spacial prosecutor was launched

after a June er article in She Daily News that Kano was

reviewing a 2009 grand jury investigation into the finances of

MondeSire, former heed of the NAACP Philadelphia chapter,

arid of One of his employees.

The article clted a 2009 memo written by then-Depuly

Attorney General William Davis Jr. to Fine and tben-Senior

Deputy Attorney General E. Marc Costanza. Among other

things, the memo said investigators had "uncovered what

appeared to be questionable spending of state money by

Mendesire." The article also listed examples of the alleged

questionable spending Davis had included in the memo,

The Daily News article saki Kane wanted to find out what

happened with the investigation. Mondesire said stale

proseoutors never Interviewed

In an interview with The Inquirer this summer, Davis said it

was false to suggest FMB had impeded the probe.

The Daly News article reported that a Sop Kane aide had in

March interviewed an Investigator wlth the Attorney General's

Office who had worked on the Mondesire Case. The Daily

hlews obtained a tape of that interview. In il, Lhe paper

reported, the investigator said he had been thken off the case

after he told Etna and Costanzo about his work.

Davis, in the interview with The Inquirer, sald that the agent in

question irad been replaced and that tha probe had

continued. It wasn't dropped," Davis said,

http://www.philly.corn/philly/news/politics/20140831 Head]ine_here 11/10/2014

Exhibit C 008

Special prosecutor probes Pa. Attorney General's Office Page 4 of 5

For Flna and other former prosecutors and Investigators in the

Attorney General's Office, and for Kane and her top

command, the quarrel over the alleged wand jury leaks, the

handling of fhe IvIondeslre case, and the sexually explicit

o-mails Ss the latest skirmish f n a war that dates to Kane's

2012 bid for office.

In that race, Kane sharply criticized Finals leadership of the

investigation into serial child sex abuser Jerry Sandusky. She

suggested political consideratlon delayed tho probe into the

former asslstant football coach at Pennsylvania State

University.

She also hired a tormer federal prosecutor to rotrivestigate the

Sandusky onset. In a recent repoit, that ex-prosectrior said he

tound no evidence tho probe had been delayed for political

reasons but said the investigation might have moved more

quickly.

ln hor first months in office, Kuno also secretly shut down a

probe Fine began that sources and investigallve documents

say caught five elected officials, all PhlladelpNa Dernecrats,

on tape taking cash, money orders, or, In one case, a $2,000

bracelet.

After The Inquirer this year revealed Kane's decision to end

the sting, she said the investigation had been carried out

poorly and was possibly tainted by racial targeting. All hve

caught on tape are African American,

Finn vigorously defended the Investigation. His current boss,

PhIladelphia DistrIcf Attorney Seth willlams, has taken on the

case.

In iecent years, judges have approved a series ot probes to

get to the bottom of leaks, such as tnformation that became

pUblIc in nuws stories about the separate investigations into

former casino operator Louis DeNapies and Sandusky.

Judge pony Feudalc jailed a former investigator with the.

Attorney General's Office for leaks related to an Investigation

into pdson conditions in Lackawanna County,

Feudale jailed him for the maximum time permItted at the time

for that form of contempt of court, 15 days. Atter Feudale

complained vigorously that such a penalty was too nlild, the

possible maximum was increased to its current six months,

arionlournbisuptillirnews.com

7l7-787-5934V

@Angelasiiiik

- •— -• •••-

Crslig R. MCCuy wad ADgela Couloornhis

Inquirer Solf Writers

http:/Avww.phiIly.com/philly/new s/p olitics/2014083l_Headline_here l 1/10/2014

Exhibit C 009

11/12/2014 Special prosecutor probes Pa. Attorney General's Office - Philly.com

phiLlyocom -Subscriber Services j arwlinquirer I 01111.IIIEM

Home I News j Sports Entertainment I Business I Food I Lifestyle I Health I Marketplace

Collections • Prosecutor

Special prosecutor probes Pa. 15 2 0

Attorney General's Office

By Craig R. McCoy and Angela couloumbls, inquirer Stair

Writers

POSTElJi September 01,2014

A special prosecutor is investigating whether the office of

Pennsylvania Attorney General Kathleen G. Kane leaked confidential

grand jury matenal to a newspaper in a bid to strike back at former

prosecutors in the office who had been cancel of her, according to

several people familiar with the matter.

The special prosecutor has issued several subpoenas to K aneb office

and others to explore how secret records became public this year

about a 2009 investigation by the Attorney General's Office involving

Philadelphia political activist J. Myatt Montiesire, the sources said.

Though there have been pedodic inquiries into grand jury leaks in the

past, this appears to he flrst time the slate attorney general or top

staffers in the office have come under scnffiny.

Reached for comment late Saturday afternoon about roports of the

leak probe, J.J. Abbott, a Kane spokesman, referred those questions

to Renee Marlin, Kanels acting communications director. Martin did

not return phone calls.

his unclear who commissioned the investigation, nor was Tha Inquirer

able to determine the special prosectors name. But typically, sources

up to X sald, such a decision would need approval from the Pennsylvania

Supreme Court.

A person who violates grand jury secrecy rules may be found guilty of

70% OFF contempt of court arxl sentenced to up to slx months 5 prison.

COATS The leak Inquiry was prompted by a Philadelphia Daily News article in

June that drew heavily upon a 2009 internal memo prepared as part of

a grand jury investigation that summarized the status ot the Mondestre We Recommend

probe.

Kane to decide whether to release state

The newspaper story questioned whether top prosecutors irt the office

at the time, including then-Chief Deputy Attorney General Frank G. workers raey e-tnails

Fina„ had pursued the Mondesire probe aggressively. September 21, 2014

Over tho last year, Kane,a Democrat, has been locked In an Montco Lawyer leading inquily into

increasingly bruising battle with Fine and other former prosecutors end whether Kanes office leaked grand _jury

investigators who worknd under her Republican predecessors over how information

certain high-profile cases were handled. Sepiember 4 20 t4

Critics have faulted Kane for her decision to shut down a sling

launched by Fine that sources and investigative documents say State A.G. probed Play NAACP leader

captured live Philadelphia Democratic officials taking cash payments Mondesire's finances 5 years ago

or gilts. Jima a. 2014

The Daily News arlicre based on the leak seemed to suggest Fine and AG Kane reveals X-rated mails

other former stale prosecutors had fallen shod In pursuing a case September 2S. 2014

against Mcndesire.

Fine did not return telephone calls seeking comment lor this article. In

a previous IntervIew, he adamantly denied any suggestion Mat he did Find More Stories About

not aggressively pursue the Mondesiru investigation, as has the lead

prosecutor who was assigned to that probe. Prosecutor

No charges were filed In that case. Mondesire, a longtime leader of the speoisl Prosecutor

NAACP in Philadelphia, has denied any wrongdoing.

Attorney General

In a twist, the special prosecutors leak investigation has intersected

wilh a separate and seemingly unrelated legal fight involving many of

the same combatants in another matter: the exchange of sexually

explicit e-mails among former and current stale otficials.

The messages, shared on state computers and sometimes through

httryllarticles.philly.com/2014-09-01/news/53417240:1 special-proseculor-whyotl-mcndealre-j-j-abbott

Exhibit C 010

11/12/2014 Specief prosecutor probes Pa, Attorney General's Office - Phill yzern

government e-mail accounts, are said to hays contained pornographic ti>

images, jokes, cartoons, and other private messeges, ecoerding lo "b hi

people farnillar with them,

Not all the recipients are known, By some accounts, sprite of the

material was circulated among scoree of officlale, from homicide

investigators in the Attorney General% Office to state prosecutors end

other state officials, Including top Pennsylvania jurists.

The inquirer and other news organizations have flied Right-to-Know

requests with the Attorney General% Office seeMng information about

Mose e-mails, but a judge has blocked the office from deciding

whether they can be released.

The o-mails have become an Issue In connection with the leak inquir9,

with some Kane critics arguing that Kane's office is using the threat of

their release as a way to silence criticism, sources told The Inquirer.

In an article published Saturday, the Pittsburgh Tribune-Review

reported that the Attorney General's Office, in response to that newspapers Right-to-Know request, had sald a judicial stay barred

the office from saying whether It could release the e-mails.

Martin, Kane's chief spokeswoman, told the Pittsburgh newspaper she could not reveal the nerne of the judge or the courl that

issued the stay.

That a Judge has issued a temporary stay suggests that legal fight is ongoing.

The leak Investigation by the special prosecutor was launched after a June 6 article in the Daily News that Kane was reviewing a

2009 grand jury investigation info the finances of Monclestre, former head of the NAACP Philadelphia chapter, and of ono of his

employees.

The article cited a 2009 memo written by then-Deputy Attorney General William Davis Jr. to Fina and then-Senior Deputy

Attomoy General E. Marc Costanza. Among other thIngs, the memo said investigators had "uncovered what appeared to be

questionable spending of stale money by Mundestre." The article also listed examples of the alleged questionable spending

Davis had included in the memo.

The Daily News anis/a said Kane wanted to find out what happened with the investigation. Mondesire said slate prosecutors

never Interviewed hire.

In en Interview with The Inquirer this summer, Davis said it was false to suggest Fine had impeded the probe.

The Daily News article reported that a top Kane aide had in March interviewed an investigator with the Attorney General's Office

who had worked on the Mondestre case. The Daily News obtained a tape of that Interview. In it, the paper reported, the

invesligatcr said he had been taken off the case after he told Fine and Costanza aboul his work.

Davis, in the interview wrth The inquirer, said that the agent in question had been replaced ahd that tha probe had continued, "It

wasn't dropped," Davis said.

For Fine and other former prosecutors and Investigators in the Attorney General's Office,.and for Kane and hor top commend, the

quarrel over the alleged grandlury leaks, the handling of the Mondeslre case, end the sexually explicit e-rnalls is the latest

skirmish in a war that dates to Kane's 2012 bid for office.

In that race. Kane sharply criticized Fina's leademhip of the investigation Into serial child sex ahuser Jerry Sandusky. She

suggested politIcal.consideration delayed the probe Into the former assistant football coach at Pennsylvania Stale University.

She also hlred a former federal prosecutor to reinvestigate the Sandusky case. In a recent report, thal ex-prosecutor said he

found no evidence the probe had been delayed for political reasons hut sald the investigation might have moved mare quickly.

In her first months iri office, Kane also secretly shut down a probe Fine began lhat sources and investigative documents say

caught five elected officials, all Philadelphia Democrats, on tape taking oust% money orders, or, in one case, a 02,000 bracelet.

Atter The Inquirer this year revealed Kane% decision' to end the sling, On said the investigation had been carried oul poorly end

was possibly tainted by racial targeting. All five caught on tape are African American.

Flna vigorously defended the investigation. His current boss, Philadelphia District Attorney Seth Williams, has taken on the case.

In recent years, judges have approved a series of probes to get to the bottom of leaks, such as intonation that became public in

news stories about the separate investigations into former casino operator Louis DeNaples and Sandusky.

Judge Bany Feudale jailed a fonner investigator with the Attorney General's Office for leaks related to an investigation Into prison

conditions in Lackawanna County.

Feociale jailed him for the maximum linie permitted at the time for that form of conteinpt of carat, 15 days. After Feudele

complained vigorously that such a penally was too mild, lhe possible maximum was increased to its current six months.

acoulourneis@phillynews.com

717-7E17-5934

@AngelasInk

You May Like apoeserecl Lh}ts by Terinola

Please Don't Retire At 62. Nere's Why,

The Morley Fool

han://articles.philly.com/2014-09-Oldnevys/53417240 1 spacial- prosecutor-whyatt-mondesire-H-abbott 2/4

Exhibit C 011

11/1212014 Kane's Office the Target of Leak Probe I News I Philadelphia Magazine

r

-I

S S + OPINIWs

NAVIGATION

Kane's Office the Target of Leak Probe

Was secret info leaked in revenge for criticism?

BY JOEL MATHIS I SEPTEMBER 2, 2014 AT 6:01 AM

AP Photo l Bradley C. Bower

htto://wwwxhillvrnao.cominews/2014/09/021kanes-office- tar gel-leak-Probe/ 1/7

Exhibit C 012

11/12/2014 Kane's Office the Target of Leak Probe l News l Philadelphia Magazine

Kathleen Kane has more trouble on her hands.

It's been a quiet few months for the controversial Pennsylvania attorney general, but an old scandal is

coming back to haunt her anew. The Inquirer reports a special prosecutor is investigating

whether her office leaked secret grand jury material to a newspaper — and did so to make at least

one of Kane's high-profile critics look bad.

What was leaked? Secret records involving a 2009 investigation of then Philly NAACP leader

Jerry Mondesire,who has been suspended from that post by the national office amid a

steady stream of reporting about irregularities in his finances. No charges were brought from the

A.G.'s investigation, and Mondesire has denied wrongdoing.

Why was it leaked? According to the Inquirer, a June Daily News story using the leak as a source

questioned whether forrner Chief Deputy Attorney General Frank Fina had investigated

Mondesire with enough vigor. Fina and Kane, of course, have been at loggerheads over ICane's

decision to abandon a sting operation that recorded up to five Philly Democrats taking

unreported cash gifts from a confidential informant. Fina now works for Philadelphia D.A. Seth

Williams.

So what happens if somebody is caught and convicted of leaking? The Inky says,"A person

who violates grand jury secrecy rules may be found guilty of contempt of court and sentenced to up

to six months in prison."

What's next? Unsure. The Inquirer reports the "special prosecutor has issued several subpoenas to

hurytiwww.nhillvmao.corninews/20-14/09.02/kanes-office- tercet-I eak-orobel 2f7

Exhibit C 013

11/12/2014 Kane's Office the Target of Leak ProbeI News l Ph)ladelphia Magazine

Kane's office and others" but no timeline for the investigation has been given.

Read More About: Kathleen Kane

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http://www.phillymag.cominews/2014/09/027kanes-office-target-leak-probe/ 3/7

Exhibit C 014

11/12/2014 Montco lawyer leading inquiry inlo whether Kane's office leaked grand jury information - Phil ly.com

phillyccom Subscriber Services l clirr1liIrrr I DEIIIEViS

Home News Sports Entertainment Business Food Lifestyle 1 Health Marketplace

Collectinns.• Special Prosecutor

Montco lawyer leading inquiry into

whether Kane's office leaked grand Tweat 8-1

jury information

Thomas E. Carlucci:,ia rr defrreso lawyer end RePIMiCali

By Angela Coulounibis and Craig R. McCoy, inquirer Staff We Recommend

Writers

POSTED: September 04, 2D14 Kane denies bid to release controversial

e-mails

A veteran lawyer from Montgomery County is the special prosecutor Seplember 2E, 2014

heading the Inquiry into whether state Attorney General Kathleen G.

Kane's office leaked grand jury information in an effort 10 dIscredil her Kane to decide whether to release state

critics, The Inquirer has learned. workers racy c-mails

Thomas E. Carlucci°, a criminal defense lawyer In Plymouth Meeting Sephrmber 21. 2014

GALLERY: and former prosecutor in Delaware, was appointed over the summer by

Thomas E, Special prosecutor probes Pa. Attorney

Carluuclo Is a a Montgomery County judge to explore how secret records became

defense public this year about a 2009 investigation by the Attorney General's General's Office

lawyer— Office involving Philadelphia political activIst J. Whyatt IvIondesiro, SeptemDer 1, 2014

according to several people (emitter with the matter.

District Attorney Williams blasts

No charges were brought against Mondesire In the case. The attorney general in sting case

irivesilyalion, details of which appeared tri a June story in the March 22 21114

Philadelphia Daily News, took place before Kane became attorney

general.

Caduccio did not respond to messages -keft by phone and e-mail

Find More Stories About

Tuesday. Renee Martin, Kane's acting director of cornrnunIcalions,

said the office would have no comment. Special Prosecutor

The Inquirer first reported news of the special prosecutors Kane

appointment on Sunday. Sources said investigators in tho inquiry have

issued subpoenas io KaneS office and others.

Carluccie was appointed by Judge William Carpenter, the supervising

grand fury judge in the eastern part of the state, the sources said. Both

men are Republicans. Kane Is a Democrat.

Though there nave been past leak inquiries, this appears lo be first

htt licles.phil I y.corn/2014-09-04/news.63527771_1_speci al-prosecutor-al.forney-general-kathieen-g-kano

Exhibit C 015

11/12/2014 Manton lawyer leading inquiry into whether Kane's office leaked grand jury information - Philly.com

time the state attorney general cr top staffers In the office have come

under scrutiny. Such an inquiry typically requires ihe approval of the

chief Justice of the Pennsylvania Supreme Court, according to a

Bronx spokesman for ihe Administrative Office of Pennsylvania Courts,

2014 JEEP, CHEROKEE

A person who violates grand Jury secrecy rules may be founci guilly of

Acciden contempt of court and sentenced lo up to six months In prison,

Caduccio, 57, worked as a state deputy attorney garierat in Delaware

before switching sides to work es a defense attorney In Pennsylvania.

His wife, Carolyn Tornetta Caduccio, is a judge. A Republican, she

Lawyers Ioined Carpenter on the Montgomery County Common Fleas bench in

2019.

The leak to the Daily News Invelved a 2009 investigation by former

theattorneys.us Chief Deputy Attorney General Frank a Finn and onetime Senior

Deputy Attorney General E. Marc Costanza. Fine, who handled the

Expert. office's highest-profile criminal cases, left his position shortly after

Kane took office,

Experienced Heated battle

Since 1977 Fine and Knne have been locked in a heated battle over the last Iwo years on how certain cases were handled.

Free Consult. Karre, Mr Instance, brought in a fomear federal prosecutor after she was elected to review Fina's prosecution of former Penn State

football coach Jeny Sandusky on child sex-abuse charges.

No Recovery- During her campaign for office. Kane width's Sandusky probe rnight have been delayed for political reasons. The independent

review found no evidence of that.

No Fee

And for the last six. months, Kane has feced criticism for shutting down a sting operation launched by Firea that sources and

investigative documents say captured five Philadelphia Democrats, including four state legislatom, on tape accepting money or

gifts,

As criticism over the sting case mounted, the Philadelphia Daily News reported in earty June thal Kane was conducting a review

of Fines handling of a 2005 investigation Into Mordesire's finances.

The newspaper's story discussed, arnong other things, a Secret investgalive memo surnrrearizing the status of Me Mondesire

probe.

Mondosire, the former president of the Philadelphia NAACP., has denied any wrongdoing.

Explicit e-mails

The leak investigation has been complicated by a separate but intense legal fight over the exchange of sexually explicit e-mails

among forrner and current state officials,

The e-malls have become an issue because some Xane critics argue that Kane's office Is using the threat of their release as a

way to silence criticism of leer, sources have told The inquirer.

The messages were discovered during Kene's review of the Sandusky investigation, which involved going through thousands of

documents.

The inquirer has reported thal lhe o-mails were shared on slate computers and sometimes through government e-mail accounts.

They are said to hove contained pornographic images, jokes, cartoons, wed other private messages.

Though not all cif !fee recipients am known, some of the materiel circulated among seems of officials, from hernicide investigators

In the Attorney General's Office to state prosecutors and other stete officiels, including lop Permsylvanlejurists, The inquIrenhos

reported.

While Judge Carpenter In Montgomery County is overseeing the leak probe, a different judge, Norman A. Krumenacher 3d, of

Cambria Greenly, has jurisdiction over the e-mail Issue.

Several news organizations, Including The inquirer, leave put In right-to-know requests for the e-mails. But Krumenacher teas

ordered a stay on the release of the e-mails.

He oversees the grand Jury in Westem Pennsylvania as well as the legal Issues involving Kane's review of the Sandusky

prosecution. The e-mail:: in questions were unearthed by computer experts as pert of that review.

acouloumbis@phiflynews.com

717-757-5534 r-,Angelasink

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htto://articles.philly.com/2014-09-04/news/53527771_1_spocial-prosecutor-attorney-general-kathleen-g-kane 2/3

Exhibit C 016

Sources:Pam scandal misses Kane's rnain target

Page 1 of6

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POSTED: Monday, Ocletbet lL:flflAld

HARRISBURG - Attorney General

Kathleen G. Kane's unprecedented move

lo expose the swapping oi pornographic e-rnalls ciÜ 0161e film

has so far cost four man their,lobs, put another at risk of being

stripped of his stale pest, end left three others deeply

embarrassed.

All of thern may be collateral damage.

GALLERY: Sources,Pon GO far, Kane has not landed a nlalor blow on the rngn who

Loandal ntisnes Icane'd

mall) largel SOLI rces soy has long beerl bar main target formai'stele

prosecutor Frank Fine. Mere

In fact, she's been [nuzzled from doing so.

matte coy59.55E

Porn &Corn]NI Fisk to Corbett campaign?

Most Viewed News Winries,

http://www.philly.com/philly/news/politics/20141013_Sources_Porn_sca,.. 11/10/2014

Exhibit C 017

Sources: Porn scandal misses Kane's main target Page 2 of6

The story behind the e-mails is far more tangled then what

Teen pulls ?hilly cop

has become pallet that eight men, all wilh ties to Fine, have from burning oar

been named by Kenn as sending or receiving X-rated e-malls

In a widening scandal that has also touched a state Supreme

Court justice.

Bouncers shoot man

It involves a secret leak investigation, olOsed-door legal at Phila. strip club

arguments, a protective ardor, end allegations of threats - all

against a backdrop of a twe-year battle between Kane and

Fins that has become deeply personal, if not ugly.

= Kane's ear crash

Flna is a career prosecutor known for higtrprolila putnlicr derailed testimony

again

corruption cases al the Attorney General's Office. I-le now

works for Philadelphia Olstrict Attorney Seth WIltiams,

Kane is the former assistant district attorney lrrr Lackawanna 1)5 bisitops struggling

County whir emerged from political obscurity to bemire the to adapt to pope

first wornan and Democrat elected as Permsylvenin's top

prosecutor.

Both declined to continent for this story. Temple student shol

outsude fret party

Numerous people with knowledge of thalr quarrel - including

sources close lo both - have sard Firm participated in the

exchange of X-rated e-molls.

According to the same SOLIMEs, Kane was intent on makIng

het tact public.

rm.:NO She wanted to expose what she believed was an entrencliad

sviao. up — Enda Misogynistic culture in the Attorney General's Office when

CarlIkaan Goalen Sala

aallijapataaa

Fine was a ranking prosecutor and before she took charge

San aLl [royal duals people close to her say.

TRAVELZO6 But in late summer, Fina obtained a ruling from a MontgomerY

•:Yam

County judge barring Kane from ding his name publicly In

almost ariy fashion, according lo several sources familiar with Also 011 Philfil•A0,/,

the ruling, MANESS,

Ilmokty Circe/lira The 50 worst ears of

Judge Willem R. Carpenter, overseeing a grand jury in tho ail time

ff:W

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. eastern part of the stater, granted the order eller Fine argued

is the judge that Kane's office was using the threat of tylng

him to the sexually explicit e-mails to lntimidale end silence HEALTH,

.

Air 7 We,. trim and others, the sources said. The 5 hest exer cises

AVOlaS AUTHORITY,

for runners

Take Advaalage 011hn Finn dad eirr nnuounter in which be said a Kane aids had

Wade,Ygn Uyeall

THInvayEa currr threatened his friend and !owner colleague Christopher

Carusone, warning Mal it Firm kept criticizing Keno,"a lot

spoRTal

people could get hurt," according to two people familiar with

Sanchez has chance ts

:I the allegation. be great

K,VsfriatiEF, Sources dose la Cortisone say the aide, David Tyler, told

him:'Tell your boy to stop" - words Corusone took as a threat

TARunT Use,

e Oy TWO. Gel Oua Frna against Ma ENTOYIANIOniT,

All %nano Games Stephen A.Smith to

TOO %WYK taAv Carusone and Tyler declined to comment for this article. broadcast from

Uyenn

sea MOP% P

There is no dispute that tho two men encountered each other

in August in Harrisburg and discussed what was than Ine still

FOOD:

publicly undisclosed ceche of porn e-mails.

Rockhillt Pizza ais3

stubs return to n

But a person close to Tyler rejected any suggestion ha had Cherry Hill landmark

Threatened anyone. Instead, the source said, Tyler was trying

to defuse tensions between the sides and complained that

Firm had been exacerbating it by telling others the elaa4s ,a)11,a,

would implicate a Mein circle of people_ Idow should Innanage

rruy workloadwhile

I'm on vacation?

http://www.philly.com/philly/news/politics/20141013_Sources Porn_sca.,. 11/.10/2014

Exhibit C 018

Sources: Porn scandal misses Kane's main target

Page 3 of6

Kands utiles have dismissed the allegation involving Tyler as

false and an attempt by Fins to sully her es Carpenter, a

Republican, presides over a grand jury investigation

examining Kane and her aides.

Stag Cnrnicel eil

The inquirer has reported thet Carpenter this summer Ca! Cr lateal OOidluoavl Owly livocilnes

appointed a special prosecutor, Montgomery County lawyer yoriman lo yltur anm.r) 5g•• ap new!

.. . . . . .

Thereon E. Carluecio, also a Republican, in a leak inquiry. &pier einad actd'eass 10 iitn,ric

• • •• • ••

C

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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