LEGAL INTELLIGENCER: During the argument session Wednesday over whether a supervising grand jury judge had the power to appoint a special prosecutor to investigate alleged leaks of grand jury secrets by state Attorney General Kathleen Kane, several justices peppered the special prosecutor with questions on the specifics of how he’d been appointed and how his investigation was handled.
Kane’s challenge in the case In re 35th Statewide Investigating Grand Jury comes after the grand jury overseen by supervising Judge William R. Carpenter recommended she face perjury, false swearing, official oppression and obstruction charges stemming from the alleged leaks. Carpenter had appointed Thomas E. Carluccio to investigate reports of the leaked grand jury material.
During the arguments, Justice Correale F. Stevens asked Carluccio several times if there had been ex parte communications between Carluccio and Carpenter, and about what Carluccio thought the role of the state Supreme Court was in the matter. Stevens specifically referenced a letter that Carpenter sent to then-Chief Justice Ronald D. Castille asking whether the chief justice felt Carpenter was exceeding his authority in appointing Carluccio… (more)
It’s like the Wild West here in PA, special prosecutor to the AG, “This town ain’t big enough for both of us, now draw!” Kane’s only mistake was not publishing the complete list of the pornographers in Corbett’s administration.