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
CONTAINS CONFIDENTIAL INFORMATION
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REQUEST TO BE FILED UNDER SEAL
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
SUBJECT TO PROTECTIVE ORDER
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
SUBJECT TO PROTECTIVE ORDER
REQUEST TO BE FILED UNDER SEAL
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
SUBJECT TO PROTECTIVE ORDER
REQUEST TO BE FILED UNDER SEAL
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
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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
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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
:110MM71
. 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
This text is long and has been trimmed here. Open the source document for the complete record.