Following a filing from the Montgomery County District Attorney’s Office that called her motion “frivolous” and questioned the research that went into it, Pennsylvania Attorney General Kathleen Kane has filed a reply that addresses “significant misstatements and omissions” in the state’s response.
Kane’s reply, filed May 5 and docketed Monday, said the government ignored controlling case law in its response to her motion seeking to quash her criminal charges based on selective and vindictive prosecution. The state’s argument that Kane’s charges cannot be the result of vindictive prosecution because the only decision subject to review is the charging decision “is remarkable because it flies in the face of one of the very cases that the commonwealth relies on most heavily,” the reply said.
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