Newspaper article Pittsburgh Post-Gazette (Pittsburgh, PA)

Attorney Cites Kane's Suspended Law License in Seeking Dismissal

Newspaper article Pittsburgh Post-Gazette (Pittsburgh, PA)

Attorney Cites Kane's Suspended Law License in Seeking Dismissal

Article excerpt

An Allegheny County attorney has filed a motion seeking dismissal of his client's criminal charges based on state Attorney General Kathleen Kane's suspended law license.

Dion McBride, 39, is charged with 13 counts related to a scheme involving dozens of falsified tax returns filed on behalf of incarcerated inmates across the country between 2011 and 2012. The case, investigated by the state Department of Revenue, is being prosecuted by the AG's office.

Defense attorney Marc Daffner filed a motion last week asking that his client's case be dismissed because Ms. Kane is no longer qualified to prosecute.

"The fact that the attorney general continues to hold office and maintain her statutorily provided supervision over all prosecutions, deputy prosecutors and office staff despite the loss of her privilege to practice law within the Commonwealth of Pennsylvania renders any continued prosecution by the office of the Attorney General to be in conflict with the well-settled laws of this commonwealth, and is thus improperly and illegally maintained," he wrote. …

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