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Defense lawyer says at most, Kane made innocent mistake

NORRISTOWN — A lawyer for Pennsylvania Attorney General Kathleen Kane argued Tuesday that she at most made an innocent mistake in sworn testimony last year, but a judge nonetheless upheld a perjury charge filed against Kane over the alleged leak of grand jury material.

Defense lawyer Gerard Shargel, fighting to have the latest charges against Kane dropped at a preliminary hearing, said there was no evidence she intentionally misled a grand jury hearing her contempt case last year.

Kane had told the panel that she was not sworn to secrecy about a 2009 grand jury probe that wrapped up before she took office in January 2013, according to evidence presented Tuesday. The case involved an NAACP official who was never charged. Details about the case surfaced in a Philadelphia Daily News story last year.

Prosecutors after that testimony searched her office and found a copy of a notarized oath she had signed days after she became attorney general. The oath required her “to keep secret all matters transpiring in the grand jury room” unless she had court permission to release it, a detective testified.

“There’s no evidence she remembers signing the oath ... and no evidence of intent, or that what she misspoke about was material to the contempt issue,” Shargel, argued Tuesday to Montgomery County Magistrate Judge Cathleen Rebar.

Kane now faces a criminal trial on two felony perjury charges and nearly a dozen misdemeanors, including conspiracy and official oppression. No trial date has been set. Kane is set to be arraigned on the latest charges in January.

Shargel, speaking after the hearing, said Kane was undoubtedly “overwhelmed” in her first days in office and could have forgotten signing the oath.

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