# In Re: The Thirty-Five Statewide Investigating Grand Jury Pet of: Attorney General Kathleen Kane > Supreme Court of Pennsylvania · August 26, 2015 URL: https://www.frixlaw.com/law-library/cases/2831058 ## Case - **Court:** Supreme Court of Pennsylvania - **Decided:** August 26, 2015 - **Precedential status:** Published - **Opinion:** Opinion - **Judges:** per curiam - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2831058 ## Opinion text 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 SUBJECT TO PROTECTIVE ORDER 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 SUBJECT TO PROTECTIVE ORDER 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 Ivnuaý. 1/0011111001 10. iolop lagln: Sign FR R0g1ster f in 8 .r - „vv... 04 ()John DolaRs: PorecaSI Philadelphia, PA phillyecom &web MOM Dia11155 IN I News Sports Entertainment t Business I Opioion l Foorl l Lifestyle l Health l mow cltctutCtVa VIDEo. voiCEGRIcoss PHILHHELRilin VFW JERGOT poLITIOs Rut:CATION ort111011 OPITVARIER FIATIoNnonl1LO lorTGRY WEATHER TRAFFIC Slareeki State A.G. probed Philly NAACP leader Mondesirets finances 5 years ago I,EC's! MOWS Video More videos: Mouulo 10.01101.100010, ,f of 01 n PhIlcd:Vpht Chopkv o9he NAACP on Aural f0, 2004. I0.114c1 Mv/olo1.1 otogpjlotoptgltcrl CHRIS BRENHAM: Rey!Jaws Shirr WriOrtiamlaraphlflyne r.u.conl, 213.654.597.1V iforruNMILE; Tfl,tt,O,0, J,:cS, rtit, 0:11 PM IWO,' Vier-Vett N ours Sluries: STATE ATTORNEY General 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 « Previous Post Next Post » RELATED ARTICLES %VERN • News: Former Traffic Judge Will Plead to Accepting Bracelet • News: Abu-Jamal Sues to Overturn New Law • News: Pa. Chief Justice to AG: Release Ail Judges Emails • News: More Email Trouble in Harrisburg? • News: Top 10 Pa. Careers Damaged by the Sandusky Scandal • News: UPDATE: Judge Faces Charges for Accepting Bracelet Be respectful of our online community and contribute to an engaging conversation, We reserve the right to ban impersonators and remove comments that contain personal attacks, threats, or profanity, or are flat-out offensive. By posting here, you are permitting Philadelphia magazine and Metro Corp, to edit and republish your comment in all media. 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 You May Like Sponsored Links by Tabooln Please Don't Retire At 62. klere's Why. The Motley Fool Princess Kate's Latest Appearance is Worrisome Stirring Doily Unbelievable: One-Third Of WrestleMania VI Competitors NoW Dead ThePoslCiarne 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 • Atithda9, Ittowmoltor 111.21111 Member Login: Oren 1. I Register f t r rf, odohn Coto.10 Forecast Phlattelphia. PA philly!com .9eacch sutn, 1 News 1 Sports Entertainment 1 Business 1 Opinion l Food 1 Lifestyle 1 Health More laREARIMC HEWE Vlo00 votorlonLon,. Itt9LALEL9tua m9W13 NEW JEasEy P91.1T105 eLedcoriorf nr171.91111ES NAlloltwionto toEATI1E9 TRE1999 LOTTERY Click here to rind Out witn ottf 7- MI Whar wine goes with whir Sources: Porn scandal misses Kane's main target !tem ant 25 ol therno9t oofowes oileedoodeis On rsinn.q .egddnj em,11 10000MMERTS eri_ 29 ol lhe Most ifkil Endowed 14 Hollywood! WEIL§ .Clin10In910.69 or rottrIng? Gel TAItap. a Irae outdo to 9ndorstand your 491(14) optIoan. The 40 Sox lest grid ht061 RENtd ling Colabd ly 51011a, And 'Pater Floo o 71rnol MOE lOrtlllFnl Forth's beyond conEltd free d1ornond 1ion9J olcIll1onrtnio,occ,tnrL Jawn19,1 EorIlloYory ..ror new ellnny 9111— la 11 to o shun,tor stolo -Sholtata?... potoltY19.111aAbluRryG000ral1CoVA.offmaantifOlatt !Moot ondAPP(9/1o/nittellqc Bow) Ceotu R. McCoy and Angela Collot,11115, Irv:mfr.( Stet( Watery. Last- UPI:IA-MA Monda1,OctoInr15.2.14.1:013 AM Latest Nulim Vidor, 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 • • •• • •• Clailunski is seeking to determine whether Karte's office tilreraly c phAly.umn marabou 0 Yap 0 ea improperly leaked gran4 jury material criticel of Fine to the Philadelphia Daily News for a June story that raised questions about Fina's role In a case fiVe yews ago. •AipiivointRimi9ity.t. Otirtrorrii The leak inqdry carries high stakes: Any person who violates grand jury secrecy rules may he found guilty of contempt of court and sentenced lo up to six months in prison, 'VD Campaign criticism Zr4.-:17e, Kane ignited the wer In 2012, when sha made a central therm of her campaign criticism of how Flna'n leare in the Attorney General's Office conducted tha investigation into serial sex abuser Jerry Sandusky. She strongly suggested Mat Gov. Corbett - a Republican who as attorney general'had been Fina's boss - ordered It slowed for politicai gniru A review she later commissioned said Fine's team might have arrested Sandusky sooner, but found no evidence that politics ptayed a rale 111 the case. Though the review failed to beak up Kane's campaign rhetoric, il gave her a now and unexpected source of ammunition In tho feutt Forensic computer work found that Fine, among dozens of others, had traded explicll photos end videos between 2008 and 2012 on stale time on state computers, Tho'krated wero among other messages that included Jokes, eArtoons, and political commentary. II was nol, Illegal, but it was a violation of Ogee policy. The dispute between Kane and Fins escalated greatly irs Marcli when The inquirer reported that Kane had secretly ended a sting Investigation begun by Fine that sournes said had caught five Phi/tar/Wants! Democrats on tape accepting cash or gifts. KanO called the sting "half-assed." Finn called her "ernbarrassIng to law enforcement." Throughout, Fine was publicly bac.ked itp in his defense of the Sandusky probe ay old colleagues, including StatoPolice Cornmissloner Frank Noonan,former top state prosecutor Richard Sheet., end former agent Randy Feathers, tho case's lend investigator. All three later landed on the list of eight Kane named as having received pornographic emiails while working in the Attorney General's Othce under Corbett or other Republicans. Alao among them was Corusona, a prosecutor who, v.% Fine, was a kay player in the Attorney General's Office's public corruption cases and who irtter became Corhaft secretary ot legislative Matra. http://www.phi11y,com/philly/news/politics/20141013_Sources Porn_sca.., 11/10/2014 Exhibit C 019 Sources: Pom scandal misses Kane's main target Page 4 of 6 The others she named were E. Christopher Abruzze, who become Corbett's erwironmentat secretary; Glenn Parno, a lop lawyer for Abruzzi:Y., Patrick Blessington, a former member of Fine's anticorruption team who now works with him as a Philadelphia prosecutor; and Kevin Harley, Corbett's onetime spokesman in the Attorney General's orrice, and Governor's Office. The fallout since that Sept. 25 bombshell has been pronounced. Abruzzo arid Porno resigned their government positions the week after the e-mail release. Shealy stepped down as a prosecutor in Lancaster county. Corbett has asked Feathers to gi, /e up hls position on the stale patole boord, a demand Feathers has thus far ignored. Last week, Canusone lost h)s lob with a major Philadelphia law firm, though nellher ho nor the firm would discuss why. Carusone's attorney, Robert J. Donstont of West Chester, sold Carusone could not speak to reporters because ha was cooperatIng wine the spode! prosecutor." Donstonl wouid not elaborele but did say; Irt my view and lhat of others, Chris has the reputation of being n first-rate lawyer and has paid an enormous price for his cooparaton. Chris is hopeful thet tlra ontim truth about what happened to him and his fernily will be revealed through the legal process." Noonan, whom Corbett appointed to head the state police, has kept hls job. The governor said there was no evidence Noonan opened the sexualiy explicit e-rrialls, And test week, Supreme Court Justine Ronald Castilla urged his colleagues to lake action after seeing e-rnalls that Mclicate Justice Seamus McCatfery had sent seutially explicit images to an agent In the Attorney Generars Office and to MoCaffery's brother, a Philadelphia Common Pleas Court judge. Name ls leaked At one point, it appeared She lortg-nanored e-rnail scande1 might pass without notice. Late in the summer, Fine had asked anotherjudge, Norman A. Krumenacker,to block any release on grounds that the materiel was covered by the grand jury secrecy of the Sandusky case, sources said. After days of deliberation, the judge retooled Fina's argument Despite the rulings by Krumenacker and Carpenter Fina's name leaked out anyway in media accounts et these who had vlawed the e-mails. stilt, Kane's office seemed uncertain whether she would release anything. Or Sept 23, in fact, her office gave The Inquirer and other navvepapers a legal opinion staling thal the retrieved e-mails and the information aboulthern the papers had asked to see .were nol public records and that. Kane was not legally bound la release them. http://www.philly.com/philly/news/polities/20141013Sources_Porn_sca,.. 11/10/2014 Exhibit C 020 Sources: Porn scandal misses Kane's main target Page 5 of 6 Two days later, Kane abruptly changadcourse and calked in reporters 10 look at roughly 75 pornographic photos end videos, The presentation lasted abbot gri minuten. ln explaining why she singied oul that group of eight for release, her office obliquely referred to constraints that brooked 11 from naming Fine. 'There are restrictions upon which we cannot elaborate - which currently prohibit us -horn revealing the names of some other people who participated in this activity," a statement from har Mica read. As many as 30 current prosecutors end agents also were irr the porn e-mail }sop, according to Kane's office. Her spokeswoman, Renee Marlin, said that all faced discipline but that union contracts and stale law mandated secrecy for those Involved ill dieCiPilrlary Summing up, Multi)issued a statement saying the oftica was gulden by certain basic principles of human reletions . rnanagoment. One such key, she saki, was "respect for the reputations and privacy of current employees." uncsoyagmillynnwa.com 215-054-1821Cli aCeriuMsnoy Exhibit C 021 11/12/2014 Judge blocks grand jury summons for Trites Harrisburg correspondsnl I TribLIVE Subscribe P17100 Ad Buy Trib Photos Jobs domes Sear& AMU SporisTalk Conics-is TRIB LIVE 1 News KO re'LI 6. Seørclv • • News Columnists Allegheny Armstrong Omar Duller Fayette Indiana Somerset YVeshIngton Westmoreland Health Kews On the Grid Education Pennsylvania Slogs Contact J.i Larger text •fis Smaller text l Order Photo RE:prnte Judge blocks grand jury summons for Trib's Hungry for SPORTS? Harrisburg correspondent 11 By Andrew Conte. SPOBTSTAL1( ( 4,- Thursday. Ocl. 16, 201d,12,t2 pm. '14:KMAALKTRIBLIVE.COR ) The judge presiding over a statewide grand jury blocked an appearance Friday before the panel by Tribune-Review stale Capitol correspondent Bred Burnsteri, Me newspapers attorney said. Jecige William R. Carpenter, who is supervising the grand jury and whose signature appears on the subpoena issued Wednesday night, told the Trib ho did not know oboel the subpoena until he talked with a reporter. Carpenter declined in discuss the grand jury arid reformd questions to Chief Deputy Attorney General Laura A. Dittos, who issued the summons, She later informed the Trib's lawyer, [Eon Barber, that Carpenter told her she was nal authorized to subpoena Burnsted. Trib Totel Media writer Bred Burnsted Carpenter returned a call to the Trib on Thursday and asked a reporter to read the subpoena to hire Asked how the grand jury could issue a subpoena bearing his signature without his knowledeo, Corpalter said, "Thatts whal irrn going to try to figure out." Ditka declined to comment, citing grand jury restrictions. Oa _affefiew findllsedtaro. Barber sold Pennsylvania's strong shield law protects reporters horn having to tastily about their sources. The Pennaylvania -7-7-; -IliOm Local Doitershlosi In the -- law, In effect since 59713, Is hosed on a law Adopted In 1937. Sputter Pittmigh kap 'The shield leer in Pennsylvania is very bread and very n powerful," Berber said. By issuing the subpoena to Demoted, the grand Jury threatened to pull Mtn ioto an Increasingly ugly feud among prosecutors in the capital and Philadelphia. Garpenter appointed a special prosecutor, Thomas Car/deck], ItYSOfiEtlld HO= le Investigate allegations ol Informalion leaks Born the offloa uf Attorney General Kathleen Kane, The Philadelphia Inquirer has reported . Caluccia could not be reached for commenL Kariets spokesman declined to comment, citing grand Jury secrecy ViDEO More Vlda os I rules. The grand jury investigation might be linked to reports about a 2009 case involving a Philadelphia political activist, who was not prosecuted, as well as the release of information about pornographic malls that circulated in the Attorney General's Office under Kane's predecessor, Gov. Tem Corbett, Brensted broke the story of the emals existence in late AugusL Former Chief Deputy Attorney General Frank Fins, whn prosecutes' high-profife corruption cases, asked a judge 113 block release of Me racy enalls. Dina heads a public mirruption unit In the Philadelphia District Attorney% Office. Pennsylvania is among ;39 slates with specifrc oliloLd taws protecting journalists. said Gregg Leslie legal defense director of the IRepolers Committee for Freedom ul the Press In Virginia. Thu federal government does not have a specific law protecting journalists. Ponnsyivania% law protects reporters from having lo Identify confidential sources or give up notes and story drafts, said MellSsa, Melewsky. media law counsel far !he Pennsylvania NewoMedia Association. "We have a really strong shield law in Pennsylvania, and it's Daily Photo Galleries boon interpreted robustly by the courts, with regard la Identifying confideetial sources,' IvIerowsky saki "As long as (Burmese) promised confidentiality sod has kept it, tira law says he earrnot be compelled to reveal the Identity of his confidential seurces.' htlp://triblive.com/newsladminpage/6075511-74/law-pennsylvania-allcriloyl/axzz3IsxNdHZL 1/3 Exhibit C 022 1111212014 Judgo blocks grand jury summons for Trib's Harrisburg correspondent TribLIVE 611CIS, Lovers- TUT Uei,D5 Prosecutors often see reporters as a 'Shortcut' to discover information, but journalists' ability to protect sources ls key lo their fob cis goyommenl watchdogs, said Gem Polielnski, chief operating officer of the blewseum institute ln Washington and riAiiitsf6y senior vice president of its Fitsi Amendment Canter. kab."4.n.• "The concept ol a shield law is that irs really government's job C... tO police its own house," he said,'and they shouldn't be relying -ruesday - Noy 11, 2014 Expires Nov. 26 Expires Nor. 28 on journalists to do that." Andrew Conte is a Trib Total Media staff writer, Reach him at 412-320-7835 uT andrawcorge@tribweb.cent illi Babies 11 Bs Deil Add Amami, Corrro10 your Gouglo+ Follow @AndrewConleIrib Follow gTribLiva EZr3 -H4!,001:01V MAKE • rifillf.f. pOir 11 MORE ARTICLES AND OFFERS ADVERIISEMENI 4 DAYS LEFF 4 DAYS LEFT " Frau A Staples Dig Lols Women have been New York arrest NEW Rdie in New [ New York] man urged to cense records Who do York: If you pay for Finds an unlikely posting these kinds you know? car Insurance, you testosterone of photos on social better read th1s... booster. 8a the first of your fiterals lo lute.,Tritil.IVE corn- Ntsbiables haws Source, i Add a comment_ -...c.: Also•eost on racetiook Posting as Jennifer Hays Bakelet(Not you 71 Anthony hilantscela ficiti Keep up the Rood work Brad.— dae.i. Reply • Like - 3 • Follow Poi-it • Omlier lli 111 I:4.1ton riontoirk TribLIVE.corn - Pittsburgh's News Source LIVE "'" WV* wIllmaribng mit). Most-Read stories 1. 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Glick here for our subscription offers, Storm American Homeowners Ara in for an Extremely Big Surprlse How Older Men Are Ma-easing Testosterone What's This? httplitriblive.com/newstadminpage16975511-74,4aw-perinsylvania-allomeyliax2z3isxNdHZL Exhibit C 023 11/12/2014 Critics claim slats Attorney General Kane puts polltl cs first I TribLIVE "Mil; Subsolbe Place Ad Buy Trib Plactos Jobs Homes Bomb Aplue ClassCeds SporlsTalk Cantosta LIVE I Polities .Seerch 1.9•Valswi FV1triolv.r9we'r) tpt,.ljssiraO. Coerce • Politics 1 . Headlines Selena ne Election Results liLY'Ocrii•vt &went IirJI ,e.4, Larger text .•8 Smaller text l Order Plnfx Repthis Critics claim state Attorney General Kane puts politics first AP Pennsylvania stale attorney general Kathleen Kane, right, speaks about a inulti slate task force formed la address the Noelheas1 herein crisis during a news conference accompanied by New York stele attorney general Eno Schneiderman, lefl, Wednesday, Oct. 11, 2019, in New York. Authorities In four Northeast slates have agreed to collaborate in InveslIgatlons of heroin trafficking that often cross slate lines. The coalition so far includes New York, Pennsylvania, New Jersey and Massachusetts, wlth other stales expected to foto .(AP PholofJulle Jacobson) errl By Brad Bemsted • Friday., Oct 24,2014, 10:17 p.m. rd_g_ re'l.c.1 551 HARRISBURG — Call it a difficult year for Pennsylvania Attorney Gollelal Kathleen Kane, tha first Democrat and woman elected to the office. Her selective release of pornographic mails a little more than a morith before Election Day has critics crying foul that her actions are politically motivated. "To paraphrase 'Casablanca, Ern shocked, shocked there aro political games being played in this state so close to an election," said John Kennedy, a political science professor al West Chester University and author of a book on slide elections. Yet some analysts think We too soon to judge Komi's rola In what has become a burgeoning scandal in all branches ol slate gevoinment. "Them is no political motivation involved," said tier spokeswoman Renee Martin. Nee released the information we could, when we did, while staying within" legal ond contractual boundaries. Kane has reftisod requests for an interview. The embarrassing disclosure of eraoils involving former and current staffers In the Attorney General's Office and at least two state Supreme Court iustices Is one of several matters this yea( tbal may not have gone the way Kane initially intended. Under pressure from Gov. Tom Corbett arid chi& Justice Ronald Castilte to share any sexually expllcit awaits sent or received by stale employees er Jurists, Kane did so, though in a piecemeal fashion that irked her critics. In the aftermath, httoPtriblive.com/eolllicsrpolilicalheadlines/69449-96-74/kane- alloriley-em al Isitaxzz3IsxNdllZL 1/4 Exhibit C 024 11/12/2014 Critics claim state Attorney General Kane puts politics First } TribLIVE Justice Seamus MnCutlery was suspended Monday. PO yoli pion to Wend O Shay Night presented Previously, three men who had worked for Corbett, including a by OW 112.7 PlItabotelt 01 tiro Petersen Events Cabinet member, resigned, one retired and a fifth tell a job In Center? the private sector. Kane has quarreled VIII Democrats end Republicans. The Yes GOP-rnajorily execullve committee of the Pennsylvania • NO District Attorneys Association in July rebuked her for "continued public attacks on the successful work af career . NO OM prosecutors," and implored; -The focus on winning the news Never heard el II cycle must end." liarieb office is under an apparent investlgallon of whether Submit sorneone on staff leaked secret grand jury information this Dbily Photo Galleries year to the Philadelphla newspapers. "She dues not look like the lair-haired attorney general she did eady on," said Steven Peterson, a polltical science professor at Penn Slate's Harrisinag campus, Asked whether it's bean a bad year, Martln replied, "I'd say we are operating on all eight cylinders here. doing the work that Nick Covers for Deals Attomay General Kane was elected to do." Marlin eked several 2014 accomplishments: continued prosecutions of child predators; El coot Ming that recoups $120 rnilllori in contested tobacco lewsult settlement money; Installation of a "mobile sheet crime mill" irt Hazleton for slx Dell, months; 1,172 drug arrests; and gamedng rollions of dollars Tuoedoy - Nov, 11, 201-1 Irivpires Nov. 26 Expires Nov. 28 tlinsugh insurance and Medicald fraud litigation. TILOTIOIlLtOus rf1011ths On the heels ol positive pInns during her first year in office, Kanas second year has taken twists and turns ---0,FAL` t VAL ° 1 lollies A Us Del since spring. Har Inexplicable year, said political analyst G. Terry Madonna, starred In March when Kane declined to prosecute four Philadelphia Democrats videotaped while accepting cash from an undercover lobbyist. That led MAKE !:010141rsr to a public clash with Philadelphia District Attorney Seth Williams. a Democrat who has a grand jury investigating the case she dismissed as "legally flawed." irdrlLJnr rti. rr •- Willlams on Thursday brought charges against an ex-Traffic Court judge In the case, acousing her of bribery, 4 DAYS LEFT 4 DAYS LEFT consplracy and conflict of interest for allegedly accepting a $2,000 Tiffany & Co. bracdel. In June, Karie's 16-monlh review of the prosecullon el child molester Jerry Sandusky found no evidence that t'.rvo lv T Corbett, as attorney general, slowed the Invesligallon ol the former Penn State assistant football coach to win the governor's race. Her revlew, led by former federal prosecutor Geoffrey Moulton, noel taxpayers at least Staples frig töltr $100,000, her office sald. When refeasing that sIgnature report, Keno baffled reporters al a news conference by claiming Sandusky had molested two other children. She backpedaled after trial prosecutors dismissed it as tictton. In August, the Pennsylvania Turnpike Commission "pay-to-play" case Kane announced In March 2013 with accusations of bribery and bid-dgying appeared to sled falling apart lis prosecutor, Laurel Brendsteller, resigned. Two defendants received probation without yerdict, Then a judge dismissed charges against an ex- Senate Democratic Mader, leaving three of eight. people to be triad. But Kane can "recover, and is recovering, horn the year of nosTood news and questions about her political and legal acumen,'said Anthony May, former top aide to tho tale Democratic Gov. Robert P. Casey. May said news coverage of Ihe entails shared among attorney general staffers horn 2000 to 2012 could be a plus for Kane "because she is not the locus.' BY releasing ernalls involving eight man, live of whom have lost their lobs, Kane ward "on the offensive on a compelling issue, something she really needed to do, considering Me battering she was taking horn political — yes, political — enemies," May said. Naming Republicans? Moulton's Investigators found the racy ROO raiolst ernalls while resonslructing messages that staffers had deleted. Moulton told Corbett that he had Ictind inappropriate ernalls; tha governor has said he did not know employees were sharing them and that he would have stopped IL Kane denied open records requests by the TribunisFievlew and other newspapers to examlne the mails. Days later, she released images from emails received or sent by eight men who worked for Corbett arld his successor, tinda Kelly. lier office blacked out most narnes from the !Worm:lion made public, end Kane has refused 'OS rOlOOSs malls implicating about 30 unionized staffers. 'You shouldn't pick and choose who you are going to release, unless you have a wried goad reason nol to release certain names," said fernier U.S. Attorney James West of Flurnmelsiown. Kane's office claims Internet disciplinary actions am under way and union contracts prevent the release of embarrassing information about workers. Corbett, facing a fierce re-election challenge by Democrat Tom Wolf on Nov. 4, said in Pittsburgh WI MO:I will say, the only names she pul out so ler are people Itrat are Republloans, or people that work Its me at this point In lime." Kane's actions are hard to evaluate but raise "reasonable questions about the political oorisIderations Involved In tho choices," sald Christopher Borick, a political science professor al Munlenberg College In Allentom. Grand jury pmbe A special prosecutor and grand jory In Norristown are investlgating whether Kailas office leaked grand jury Information about a 20f10 case, according to The Philadelphia Inquirer. The inquirer reported In September that attorney Thomas Caduccio of Montgomery County heeds the inquiry Into whether someone leaked records to try to discredit Kane's critics. The newspaper said Montgomery County Judge William Carpenter, the supervising grand jury judge in Eastern Pennsylvania, appointed Coduccio to determine hew the Philadelphia Oally News obtained documents from an investigetion of Philadelphia politicel (Taoist J. Whyall Mondesire, who was not charged with a crime. Newsmax Rend Paul May Limit Dad's Role in 2016 Kane has not commented on the matter. ViolatIng grand jury secrecy nries can lead IL, a contempt of court charge anci potential six-month prison Potosi Denies GOP Wave Happened sentence. Alan Keyes, Ben Carson, Click Here, In July 2013, The Inquirer reported that Kane persuaded the slate Supreme Court to remove Judge Barry DIRECTV 349, DISH 223 Feudale frorn overseeing statewide grand jury InvestigatIons In Harrlsburg. The newspaper did net say how it learned of the sealed proceedings. Chaise to Unleash Climate Regulation 11 said Kane moved to oust Feudale, a Democrat, on learning that he criticized her in an email to termer Chief Deluge Deputy Attorney General Frank Fina. D'Fleil Iv. Megan Kelly Back Obarna's AG http:litriblive.cornipolitics/politicatheadlines/6944g98-74/kane-attornsy-emailsflanzz3lsxNdllZL 2/4 Exhibit C 025 11/12/2014 Critics claim state Attorney General Kane puts politics first l TribLIVE Poudalo expressed regret for takIng a cheap shot but told The Inquirer: "Kane is a politician first, second, and Ptsis and perhaps en AG ... fourth and fifth." Faudale oversaw grand Juries in Maher cases Mel Fine led, including legislative corruption and tire Sandusky Now Probloge Fat Burner Takes GNC by chiki sex abuse case. SiorM Fine, who works for tiro Philadelphia district attorney, In August persuaded Cambria County Judge Norman A. American Homeowners Are in for an Kruniehackor til to freeze the release of the pornographic ameils under the open records laW, arguing that they Extremely Big Surprise contained grand jury material. Krurneneeker identified Fina when he lilted the hold on Ma emalls. Brad BUrrieted is TIM Total Media's slate Capitol reporter. Reach him at 717-787-1405 or Make Money Onllne Following Sports and hiburested@tribweb.corn. Staff writer Melissa Daniels conidbuted lo thls report. Concert& What's This7 Follow @RBurnsted Trib Follow ©TrltiLive ' MORE ARTICLES AND OFFERS ADVERITSEMENT Women have been Controversy over Cornell Scientist Top 10 Richest urged to cease new skinny pill --. Is Discovers a New Women ln The posting these kinds It too strong for Vitamin That Could World of photos Ort social store shelves?„, Make People Live media. Forever. Gengle geddit slogger Fork He the Fest of your Mao& to ,íJ,oro Souir.0. r.1)1.1VEnem Paseurgh, .0it - . Add a comment_ E , -„, Al.I.., or, Frit:0,mA. Posting as Jenntior Heys Bendel(MK you?) F7771 Ellen Thonias AG Kenn Is just followilig in the traditions of Republican Attorney Generals Mat came hafore her,these Republican AG's used polities lo protect their buddies, dld they not? Reply - Like • r • Follow pi,nr . Onlehor 00 fit 2.2ALEn Art(3/Giacomo • Top Gonimentm TIOYFB Political games? Is that dillerent then the political games being played by tho current governor going amnia)PA passing out hundreds of millions ol taxpayer dollars to corporations telling us that Um money will create lobs? That's not politics? Reply - like • 1 • Felloo Fest • October 24 et i 1:0bEtm Yri.yi lri 'if` Stephen tiandol: Malcne • Top Commenter -Works at I AM I1APPILY 704 RETIRED Go ahead...Vole for Wollo.„.Yriu will regret il,„ Reply • tam • 2 • OclikeL 0111:3linm Richard Gandino • Top Coalmen ler • lniliana University el Pennsylvania Go ahead 8. pal tha Don-mural l,r es Gov., you'll end up ilke us In Maryland, complaining about high lams Si waded spending. Repty • like • 1. Follow OcIolssr 25 01400lpin Llten Thomas VVe already go1 higher taxes under the Republicans! Reply - 1 • Ocighgr 31/ al 2:25a an Deborah Hell • Top Commenter liwhatwas good fel the goose Is good for the genderThe 8tr current employoris of the AG's olfice would be gone. No exceptions. No 505uSeS. As lot the Phi/1y fiasco. lhat is obvious. Reply • Like • Follow Post • October 25 al.6-4harn Stofnhoti Randalitiolone • Top Commenter • Welks al I AM FIATVIL Y RETIREE) Watt until the This put Wolfe in Office-We will all be Screwed... Reply Like • Follxis Post • Ucrober 25 ar Ron Scott • Top Commenter - Grove City, Pennsylvania Stephen YES WE WILL1 lie's awed in sheep's clothing! Tfais stale wfil be ecrovierl big time tivreld gels Inl !reply • Ulm • October 2ti at 12:2aprn Egan Thomas htlp://triblive.comlpolifics/polilicalheadllnes/N44998-74/kane-attorney-emallsilaxzalsxNdHZL Exhibit C 026 ,EA1 Kanes car crash derailed teStimony a second tirn.e Page 1 of4 Po...ember 10.2015 Remind LOkin. Sign In l FlogIS ter f phillyFcorn rnb,,, I News Sports I Entertainment I Business I Opinicm I Food I Lifestyle I Health I More BRANSON. TIEING Video RnicusISLDCS . 1;F:fliiekl.plilo HEW ,T£I1G;I : POLITICS VILICATrOn 4:50000r7 ONTUACIDS 10.1-101-IiVnliLn WEATHER 'Marna • LOrreisr.• Kane's car crash derailed testimony AdUartisement a second time Wnrrion hove been urged la ce en p oblIn these kinda Or r - shore] 1weel Faiddil/ En1nll 703 COkildENTO photos on menial media. WELLS rind 0.11 hew Wens rnrgo /Moo 'Advisory work will, you In yrJ.OrrUrp you roach y001r. , ex Top 10 Fticluesi Women In Ths = Warld Odd -Irlelt "Mettle" Diabetes Tho 40 Sexinst And Most RounalIng CoIebrily SPPres And Tinnier inc. at all Timol Shop BM innl Earth's boyond cornier tree Maitland rings, , r ••—b: Oa,:antique rings, ondriire The 1999,..acp Wonky cienan.A ANN sr HON'S SUir UN rlítr m PRSOIGABOBR l/l 00I. Är 11 mown,Lenora,. Leanly. Linbibm...AlasmilkinnInloloadoar Cfnl9 O, 10 0Ge.i. and Angola. Coulournkls, Inquirer SfaIt Wthers LAST Uni0nTkoi Eneloy, fninnarabor 9. 2.0,0 i105..1 La reSr MnIts Video The early-morning car accident that left rtiOliis_ Pennsylvania Attorney Genera} Kathleen G. Kano with a concussion last month occurred hours before she was scheduled to -lestify In a grand Jury investigation into possible improper leaks by her office, according to people with knowledge of the odso. 11 was the second limo this fall Keno canc..eled plane to take the stand, the sources said. Kane was schedulod to appear that mcrning in a Montgomery County courtroom, where e special prosecutor is examining atom videos: how confidential records about a 21309 investigation ruri by her Ropoblican predecessors became Her testimony has been rescheduled for later this month. the sources said. The grand Jury expires within a few Weeks, they liiorrt Vitaeea Nu WS Styr in.e: Teen polls Any cep lanFIEUOYERAGE froth burning CAT Wolf likely yuln POUU oipirUUiJ den!Inns with GOP Renee Martin, Kane's spokeswoman., declined to discuss any matter related So the grand jury. She has said tier office l3ouncers shoot man at Philo...strip club cannot even confirm cr deny the existence ot one. !Primer Deals' http://www.phi11y.corn/philly/news/loca1/20141109_1(ane_s_car_crashjer.., 11/10/20 14 Exhibit C 027 Kane's car crash derailed testimony a second time Page 2 of 4 Sha did say that Kane, 48, was recuperating and workIng Another teacher from her home irr Clarks.SUrnmit, about la miles north of assaulted at Bortrarn Scranton, arid that her doctors had forbidden her to travel. Martin said that sha dld not know when Karla was expected to return lo work In tiarrisburg but that the allorney.general was 0549,r•. — Elods li connected with the office by computer and phone. She added: Kanels car crash CarIN...Cruise Sala viAliagrados "Ifs not affecting how work Is done here." WIT again derailed testimony See n11 100 va I deals N. The Inquirer has reported that lawyer Thornas E. Carluccio Is awe OCVAVELZOCC the special prosecutor for the grand jury sitting In Montgomery 'nano lame.to.1.141,,,,,, County. His appointment was authorized by Mei Justice 'US bishops struggling to adapt to pope Ronald D. Castilla. in Ms position, Carluctlo is examining an alleged leak to the Philadelphia Daily News about a 2909 Weekly.,Circulars grand jury Inquiry into the finances of activist...1.41.1-10 Mondeslre, former head of the Philadelphia NAACP. Violating grand jury secrecy rules tan he punished hy up 10 .slx months In prison. The Daily News story questioned whether Frank G. Flea and TARGET USA; Buy Tlfsin, Oa On. Frye another ranking prosecutor in the Attorney General's Office All Vidta Ganws had pursued the Mondesire probe aggressively. No charges TIII9 IKE'S MILT .. •. . were filed against Morldeslro, Flna has been looked In an increasingly biller and public baJllo wlth Kane ever how oases wore handled. Aiño or: midrip.,.cern As part of Curlucelde probe, his Investigators have 13USINIVss: subpoenaed Kann and other officials on her stag. The to worst cars of JCPEtinIEVI all time • Eltha 20% 011alh Your JGP Credit Co,d and Cour. Kans's first planned appearance was canceled because she EXPIRES TOMO.StilAT had a scheduling conflict, the sources say. It was rescheduled • - .net, Moue Circulars n for Oct. 21. The 5 hest exercises for runners Just before 7 that morning,the SUV canying Kane end her security detail hit an empty parked car in Dunmore, a small town near Scranton, accordlng te a potica report. The vehicle thal was hit - a 1909 Jeep - had dents on one side when an Sanchez hos chance to Ingulror photographer took, photos of It last week, be great The two agents wlth Kane at the time wore Patrick Reese and Robert Ruddy, Roth had been Dunmore police officers before Kane hlred them last year..Reasehed been the pollee chief, Stephen A. Smith to Ruddy a veteran ofilcer. broadcast from UPonn According tlo the police report, Ruddy was driving and Reese was In tha front passenger sent. CRAM LABAN Itardot: The accident report by Duernore pollee, retecised by Marlin Oil Sophistimitcd., if a bit 0d, 31, said the crash occurred when the driver of the StIV faux,French fare lost slghl of the dark, raio-sileked road as his iPed siipped off the seat. .1oRS, Ilow should I manage There was disagreement about whether Kane was wearing a ray wockload while seat belt. Vin nit vacation? The report said Kane and the men were wearing shoulder arid seat belts. Dot Marlin said Kane was eel betted In and struck 00>15,fulekrIPluOy.com Carly PretiFines os,vsfeller her hecd on Impact. The cost of the dannege lo her car wšs [fare rni 1.14'0100. Eiryn lrl nowt estimated al $064, state records show, • Olog addmEs la clgo 141 None of the theca was taken M a hospital by emergency Alroady 1014 lc,Inonlve? OYrfl 0 e. medical personnel, aCcording to the police report. Kana did go to the emergency room.and subsequently visited her doctor, Marlin said. Kands ofPce did not release information about the accident until The Inqulrer asked about It 10 claya after the crash. http://www.philly.com/philly/news/loca1/20141109_1(ane_s_car_crash_der... 11/10/2014 Exhibit C 028 Kane's car crash derailed testimony a second time Page 3 of 4 Malin saki the.offce didn't report the crash because it considered 11 e. minor rnetterlhet did not affoci lhe office's AN INQUIRER ORMINAL performance, She said she also expected Dunmore police to issue the DJSCOVRT*E`.1 k• news. That didn't happen. Dunmore Poke Chief Sal AMPROVFD .1 A tIORE'v Marchese didn't return oafs front The hquirer. He told the Scranton Times-Tribune there was "no particular reesort for not issuing the news. Martin said last week ail the participants ware recovering. Ma thank everyone for their concerns," she said in a statement. sumIncinhis-aptilyrows.coin 717-707-5931qi ipAnoelasInk Exhibit C 029 MD.Misc. DM. 7C 2014 FILED 11/14/2014 Supreme Court Middle District UNSEALED PER ORDER OF THE COURT DATED AUGUST 26, 2015 LEADI G la ER ME 1212I ** UNDE ** Received in Supreme Court NOV 1 4 2014 id& ‘1111:Ake."7.4:: Nov 14 2014 15:37 Allen M Mandelbaum, Esq (610) 279-3005 page 3 M.D. Misc. Dkt. i752014 IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, PA IN RE: SUPREME COURT OF PENNSYLVANIA NO. 176 M.D.D MISC. KT 2012 THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY MONTGOMERY COUNTY COMMON PLEAS M.D. 2644-2012 RESPONSE OF SPECIAL PROSECUTOR TO THE MOTION TO FILE UNDER SEAL THE EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF OF ATTORNEY GENERAL KATHLEEN G. KANE Thomas E. Carluccio, Special Prosecutor to the Investigatory Grand Jury hereby responds to the Motion to File Under Seal the Emergency Applicationfor Extraordinary Relieffiled by the Movant, Attorney General Kathleen G. Kane and states in support thereof as follows: 1. The averments set forth in this paragraph succinctly state the import of the relief Attorney General Kathleen G. Kane ("A.G. Kane") seeks under her Emergency Application for Extraordinary Relief and no response is required of the Respondent hereunder. 2. Admitted. By way of further answer, Respondent takes no exception to the Movant's request that the Emergency Applicationfor Extraordinary Reliefbe filed under seal. 3. Admitted. Received In Supreme Court NOV 1 4 2014 Middle Nov 14 2014 15:37 Allen M Mandelbaum, Esq (610) 279-3005 page 4 WHEREFORE, the Motion to File Under Seal the Emergency Application for Extraordinary Relief filed by Attorney General Kane should be granted. 7 Thomas E. Carluccio, Esquire Attorney I.D. No. # 81858 Plymouth Greene Office Campus 1000 Germantown Pike, Suite D-3 Plymouth Meeting, PA 19464-2484 (484)674-2899 Special Prosecutor of Investigating Grand Jury No. #35 DATED: 11/14/2014 Nov 14 2014 15:37 Allen M Mandelbaum, Esci (610) 279-3005 page 5 VERIFICATION I, Thomas E. Carluccio, Esq. as Special Prosecutor to the Investigating Grand Jury No #35 appointed by the Pennsylvania Supreme Court, do hereby state that after due diligence and investigation into the operative events underlying the subject matter of the Motion to File Under Seal the Emergency Applicationfor Extraordinary Relief (the "Motion") filed of record with the Court by the Attomey General Kathleen G. Kane, 1 hereby represent that the averments set forth in the foregoing Response to said Motion are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Thomas E. Carluccio, Esquire Attorney I.D. No. # 81858 Plymouth Greene Office Campus 1000 Germantown Pike, Suite D-3 Plymouth Meeting,PA 19464-2484 (484)674-2899 Special Prosecutor of Investigating Grand Jury No. #35 M.D. Mc.Dkt. 175 2014 FILED 11/14/2014 Supreme Court Middle District UNSEALED PER ORDER OF THE COURT DATED AUGUST 26, 2015 PLEADING TWO MI NM Mil 11111 ** UNDER SEAL ** Received In Supreme Court NOV 1 4 2014 'WPer 24. ' Nov 14 2014 15:37 Allen M Mandelbaum, Esq (610) 279-3005 pa9e 7 MD. Wisc. Dkt. 175.7 Loil. IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY,PA IN RE: SUPREME COURT OF PENNSYLVANIA NO. 171 M.D.D MISC. KT 2012 THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY MONTGOMERY COUNTY COMMON PLEAS M.D. 2644-2012 RESPONSE OF SPECIAL PROSECUTOR TO THE EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF OF ATTORNEY GENERAL KATHLEEN G. KANE Thomas E. Carluccio, Special Prosecutor to the Investigating Grand Jury hereby responds to the Emergency Application fOr Extraordinary Relief filed by the Movant, Attorney General Kathleen G. Kane, by and through her privately retained legal counsel, and states in support thereof as follows: 1. Admitted. 2. Admitted. By way of further answer, a comprehensive response to the representations made in support of the Emergency Application for Extraordinary Relief (the "Applicahorn are provided hereinafter in New Matter below. 3. Admitted. By way of further answer, Respondent takes no exception to the Movant's request that the Application be filed under seal, and has taken such position in its Response to the Motion to File Under Seal the Emergency Application for Extraordinary Relief in pleadings independently docketed with this Honorable Court assigned: Supreme Court No. # 176 M.D.D. Misc. KT 2012. Pleading Under Seal of Court Page #1 of 12 Received in Supreme Court NOV 1 4 2014 iddle Nov 14 2014 15:37 Allen M Mandelbaum, Esq (610) . 76.113005 page 8 NEW MATTER E. Carluccio, Esq., 4. The Respondent to the :underlying Application, Thomas its responses to the appointed Special Prosecutor, hereby incorporates herein by reference privately retained Application filed by Attorney General Kathleen G. Kane, by and through her though fully set forth at legal counsel, reflected in the preceding paragraphs, inclusive, above as length herein. BACKGROUND 35th 5. Under the 5/29/14 Order of the Hon. William R. Carpenter convened the r Investigating Grand Jury and contemporaneously appointed Respondent as its Special Prosecuto in accordance with the authority vested in it by the 1078 Pennsylvania Investigating Grand Jury Act of 1978, 42 Pa. C.S. ¶4541, et. seq. and the procedural rules that followed (Pa. R.Crim. P 220, et. seq.) as well as relevant case law. A copy of the aforesaid Order is attached hereto made a part hereof and marked Exhibit A. 6. As stated in Supervising Judge Carpenter's 5/29/14 Order, the central focus of the established 35th Investigating Grand Jury is to undertake investigation into allegations that an alleged illegal disclosure of information protected by the law and rules of Grand Jury secrecy pertaining to deliberations of a prior 2009 Statewide Investigating Jury (the "2009 Grand Jury") had been impermissibly compromised. 7. Thereafter, the Philadelphia Daily News on 6/6/14 disclosed grand jury information to the public involving political activist J. Whyatt Mondesire. 8. Following the report, the 35th Grand Jury and its Special Prosecutor received Pleading Under Seal of Court Page #2 of 12 Nov 14 2014 15:37 Allen M Mandelbaum, Esq (610), 279-3005 page 9 information suggesting the alleged inforrnation leaks emanated in whole or in part from sources within the Office of the Attorney General. 9. At all times material and relevant to the deliberations of the 35th Investigating Grand Jury, Respondent has principally focused on determining if Attorney General Kane's office played a role in directly or indirectly releasing information/documentation protected under seal pertaining to the 2009 Grand Jury, or had information that might lead to identifying the source(s) of any leak. 10. Notwithstanding, Respondent's disciplined focus in seeking information in any role played by Attorney General Kane's Office in the aforesaid leak(s), Movant has sought by filing her Application to divert attention from Respondent's apolitical effort to investigate leaks of information/documentation under seal pertaining to a Grand Jury to an assessment of the propriety of certain emails which Attorney General Kane has characterized to represent "pornography". 11. It is respectfully submitted that such diversion represents an ongoing strategic effort on the part of Attorney General Kane not to honor a subpoena for her to testify before the 35th Grand Jury, as directly evidenced by the central theme advanced in the Application hereunder. SUBPOENA No #1 12. Respondent issued its first subpoena to Attorney General Kane on 9/1 1/14, calling for her testimony to be provided before the 35th Investigating Grand Jury on Thursday, 9/18/14, a copy of which is attached hereto, made a part hereof and marked Exhibit B (Subpoena No #1). 13. Respondent agreed to reschedule Attorney General Kane's testimony under Pleading Under Seal of Court Page #3 of 12 Nov 14 2014 15:38 Allen M Mandelbaum, Esq (610) 27973005 page 10 Subpoena No #1 to the following day, 9/19/14 - at her request - so that she could attend the funeral of Cpl. Bryon Dickson who was killed in an ambush undertaken in Pike County at the hands ofaccused killer Eric Frein. 14. Notwithstanding the accommodation extended to Attorney General Kane, she elected to again reschedule her testimony. 15. Thereafter, Attorney General Kane, by and through her retained private legal counsel, sought to both quash Subpoena No42 and to contest the authority of the Special Prosecutor asserting legal defect(s) to his appointment by Supervising Judge Carpenter under her filing of a Motion to Quash Subpoena filed of record with this Honorable Court on 9/29/14. 16. Quixotically, in her Motion to Quash Subpoena, Attorney General Kane advanced the argument that Subpoena No #1 should be quashed, for among other reasons, she was not one ofthe limited group of individuals who were sworn to secrecy to the 29th Grand Jury, and as such was not legally obligated to maintain the secrecy of its proceedings. 17. Indeed to quote from her Memorandum of Law in Support of the Motion to Quash Subpoena, Attorney General Kane — through private legal counsel and not from the Office of the Attorney General expressly states: ... Attorney General Kane was not sworn to secrecy with regard to the 2009 grand jury proceedings. By statute, only a limited group of individuals are sworn to secrecy with regard to grand jury proceedings, and only those individuals can subsequently , 'be in contempt of court if they reveal any information which they are sworn to keep secret. 42 Pa. C.S. § 4549(b). Because Attorney General Kane had no involvement whatsoever with the 2009 grand jury proceedings, she could It should be noted that Movant's pleading fails to directly within its text to articulate the substantive representations serving as the foundation of her stated position. Rather the draftsman has elected to incorporate by reference a Memorandum of Law in Support of the subject Motion, which articulates the basis for the requested relief. Pleading Under Seal of Court Page #4 of 12 Nov 14 2014 15:38 Allen M Mandelbaum, Esq (610) 279-3005 page 11 not as a matter of law be in contempt of court with regard to any disclosure related to that grand jury proceeding." (see page land 2 of Memorandum of Law in Support of the Motion to Quash, filed 9/29/14) 18. What is alarming regarding such position is that Attorney General Kane entirely ignores her duties and obligations to undertake the Office of Attorney General, and as such must assuredly accede to the obligations and duties of her predecessors in office to maintain the secrecy of prior gxand juries and thereby preserve the integrity of the function of the entire grand jury "system." 2 19. Respondent filed a timely response to the Motion to Quash Subpoena, and in concert with such filing presented his "Schofield" Affidavit to the Court wherein Respondent articulated with precision the basis for which he sought the testimony before the 35th Grand Jury of Attorney General Kane. A copy of the "Schofiehr Affidavit, in didacted form to conform with the confidential nature of the 35th Grand Jury proceedings in view of Movant's right to review pleadings hereunder is attached hereto, made a part hereof and marked Exhibit C (the "Schofield Affidavit"). 20. For purposes of convenience to this Honorable Court, Paragraphs 9-12 are provided as follows, to demonstrate the disciplined focus of the Respondent in seeking the testimony of Attorney General Kane: 9. The purpose in seeking the testimony of Attorney General Kane under the subject subpoena, is to determine if Attorney Kane maintains direct or inferential information on matters pertaining to the unauthorized disclosure of the existence and contents of the Confidential Information including without limitation: (a) what persons were present at the subject staff meetings and/or conferences;(b) whether she or others were aware of the presence of the Confidential Information at such 2 Moreover, it is assertedsuch an argument should be properly advanced by the Office of the Attorney General on behalf ofAttorney General Kane in furtherance of her public office, and not by her private legal counsel. Pleading Under Seal of Court Page #5 of 12 Nov 14 2014 15:39 Allen M Mandelbaum, Esq (610) 279-3005 page 12 staff meetings and/or conferences; (c) whether she or others were aware that the Confidential Information was at all times deemed private and confidential due its inclusion into the evidence of the 291h Investigating Grand Jury; (d) to explore whether Attorney General Kane maintains information to assist the Grand Jury in determining if the Confidential Information was reviewed, copied, possessed, discussed and/or distributed among one or rnore unauthorized third persons; and (e) the identity of those person(s) who impermissibly disclosed the Confidential Information to rnembers of the press or the general public. 10. Upon reasonable inforrnation and belief, the Affiant hereby asserts that Attorney General Kane be compelled to testify and subject herself through the issued subpoena to a reasonable line of questioning on those issues as aforementioned, together with questions on concems that may arise in the development of her testimony and such testimony is proper and warranted under the circumstances. 11. The Affiant hereby certifies that the testimony of Attorney General Kane is either: directly relevant and material to the investigation undertaken by 35th Investigating Grand Jury; or upon information and reasonable belief will lead to relevant and material information relating to the unauthorized disclosure of the Confidential Information. 12. The Affiant hereby states that the service of a subpoena upon Attorney General Kane for her testimony is warranted under the circumstances, represents a good- faith basis for compelling such testimony, and that Affiant seeks such testimony for no other inappropriate basis. 21. In view of the Motion to Quash Subpoena and response of Respondent thereto, Supervising Judge Carpenter scheduled a Hearing in Camera among all parties. 22. Such Hearing in Camera was conducted on 10/14/14, at which all parties were represented, and resulted in Supervising Judge Carpenter's Order of 10/24/14 wherein he granted Attorney General Kane s motion to review the Order appointing Thomas Carluccio as Special Prosecutor, together with a didacted copy of the Schofield Affidavit, while denying the Motion to quash the Subpoena No #1. 23. A copy of Supervising Judge Carpenter's Order of 10/20/14 is attached hereto, made a part hereof and marked Exhibit D. Pleading Under Seal of Court Page #6 of 12 Nov 14 2014 1539 Allen M Mandelbaum, Esci (610) 279-3005 page 13 SUBPOENA No #2 24. Respondent again issued a second subpoena to Attorney General Kane on 9/25/14, calling for her testimony to be provided before the 35th Investigating Grand Jury on Tuesday, 10/21/14, a copy of which is attached hereto, made a part hereof and marked Exhibit C (Subpoena No #2). 25. The morning of the scheduled subpoenaed testimony, thnough her retained private legal counsel, Attorney General Kane again requested a rescheduling of her testimony for three (3) days later that week on Friday, 10/24/14. 26. The basis for the rescheduling was due to Attorney General Kane having incurred physical conditions, notably a diagnosed concussion, she sustained in a reported motor vehicle accident. 27. The subject motor vehicle accident was first reported by private counsel to Attorney General Kane, accompanied by no formal notification from the Office of the Attorney General. 28, Upon information and reasonable belief, Respondent asserts that no news report of the subject motor vehicle accident was issued by any news media until days after the accident and the scheduled subpoenaed testimony. 29. Shortly before the rescheduled subpoenaed testimony on Friday 10/24/14, private counsel again requested an amicable accommodation to reschedule due to Attorney General Kane's continuing to be symptomatic to conditions associated with a diagnosed concussion. Pleading Under Seal of Court Page #7 of 12 Nov 14 2014 15:40 Allen M Mandelbaum, Esq (610) 279-005 page 14 SUBPOENA No #3 General Kane to 30. Upon a lack of communication with private counsel to Attorney subpoena to reschedule her testimony, Respondent found it prudent to again issue a third the 35th Attorney General Kane on 10/29/14, calling for her testimony to be provided before a part Investigating Grand Jury on Monday, 1 1/17/14, a copy of which is attached hereto, made hereof and marked Exhibit F(Subpoena No #3). 31. Without notice of any issues to the issued subpoena for testimony before the 35th file Grand Jury taken by Attorney General Kane, her private legal counsel elected to strategically the underlying Application only days before her scheduled testimony on 11/12/14 — in what can only be characterized as an ongoing effort to avoid having to testify. 32. Again, the Application effectively seeks three grounds for relief, as follows: (i) to discharge the 35th Grand Jury, because of the assertions that: (a) that it was established not because of an intent to explore an impermissible leak of information/documentation under seal pertaining to the 39th Grand Jury, but in reliance upon the deceptive statements presented by Frank Fina and E. Marc Constanzo purportedly for the ulterior objective of seeking protections from public disclosures that may well impugn their personal and professional reputations; and (b) effectively prevents the Office of the Attorney General to pursue an investigation into whether Fina and Constanzo engaged in misappropriation of professional time and equipment to disseminate "pornographic" material through email; (ii) to quash Subpoena No# 3 as moot in view of the discharge of the 35th Grand Jury; and (iii) to vacate the protective measures provided under Supervising Judge Carpenter's 9/17/14 Order under seal, a copy of which is attached hereto, Pleading Under Seal of Court Page #8 of 12 Nov 14 2014 15:40 Allen M Mandelbaum, Esq (610) 29-005 page 15 made a part hereof, and marked Exhibit G. (the "Protective Order") 3 33. Notwithstanding, the arguments made in the Application, Movant has elected to raise a red herring, whereunder she misrepresents the principal purpose of empaneling the 35th Grand Jury — to investigate whether there was an impermissible rele [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2831058. Public record. Not legal advice.