RUBIN, GLICKMAN, STEINBERG AND GIFFORD, P.C. BY: Marc Robert Steinberg, Esquire Attorney ID: 17659 2605 North Broad Street P. O. Box 1277 Lansdale, PA 19446-0726 215-822-7575 Attorney for Defendant TN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, CRIMINAL DIVISION COMMONWEALTH OF i No. 8423-15 No. 6239-15 V. KATHLEEN GRANAHAN KANE BS ?5 El 1303?]! inks. SENTENCING MEMORANDUM TO THE HONORABLE WENDY JUDGE OF THE SAID COURT: Defendant, Kathleen Granahan Kane, by her attorney Marc Robert Steinberg, Esquire, ?les this Sentencing Memorandum and respectfully represents: This Sentencing Memorandum is offered to assist the Court in fashioning a just sentence for Kathleen Kane. Nothing set forth is offered as an excuse for the actions that bring Ms. Kane before the Court, but only to provide the Court with a complete picture of Ms. Kane?s life. Kathleen Margaret Granahan Kane is a 50-year-old mother, daughter, sister and friend who appears before the Court for sentencing. She feels deep regret that she has violated the trust of the citizens of when serving as their Attorney General and respects the decision reached by the jury. Since stepping away from this public role, Kathleen has focused her attention on raising her two sons and only hopes to be able to remain an active presence in their lives. 1..- 3,1 wens-3 PROCEDURAL BACKGROUND In August 2015, Ms. Kane was charged with Perjury, False Swearing, Obstructing Administration of Law, Criminal Conspiracy and Of?cial Oppression. In October 2015, Ms. Kane was charged with additional counts of Perjury, False Swearing, and Obstructing Administration of Law. In August 2016, she exercised her constitutionally guaranteed right to be tried by a jury of her peers. The Sixth Amendment to the United States Constitution provides that ?In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed.? Ms. Kane exercised this right and was convicted on August 8, 2016. As this Honorable Court is undoubtedly aware, it has long been the law of this Commonwealth that a defendant ?cannot be punished by a more severe sentence because [s]he unsuccessfully exercised h[er] constitutional right to stand trial rather than plead guilty.? Commonwealth v. Bethea, 379 A.2d 102 (Pa. 1977). In oft-quoted language, former Chief Judge Bazelon of the United States Court of Appeals, District of Columbia Circuit, has explained: Repentance has a role in (our) penology. But the premise of our criminal jurisprudence has always been that the time for repentance comes after trial. The adversary process is a fact-?nding engine, not a drama of contrition in which a prejudged defendant is expected to knit up his lacerated bonds to society. Commonwealth v. Stalcy, 324 A.2d 393, 395 (Pa. Super. Ct. 1974) (quoting Scull v. United S?tgs, 419 F.2d 264, 270 (DC. Cir. 1969)). Ms. Kane respects the jury?s decision. However, she should not be punished with a greater sentence for exercising her constitutional rights to a trial by jury. Indeed, as Chief Judge Bazelon goes on to explain in his opinion in Sggl'ggm Stites: There is a tension between the right of the accused to assert his innocence and the interest of society in his repentance. But we could consider resolving this con?ict 2 in favor of the latter interest only if the trial offered an unparalleled opportunity to test the repentance of the accused. It does not. There is other, and better, evidence of such repentance. The sort of information collected in presentence reports provides a far more ?nely brushed portrait of the man than do a few hours or days at trial. And the offender while on probation or in prison after trial can demonstrate his insight into his problems far better than at trial. If the defendant were unaware that a proper display of remorse might affect his sentence, his willingness to admit the crime might offer the sentencing judge some guidance. But with the inducement of a light sentence dangled before him, the sincerity of any cries of mea culpa becomes questionable. Moreover, the refusal of a defendant to plead guilty is not necessarily indicative of a lack of repentance. A man may regret his crime but wish desperately to avoid the stigma of a criminal conviction. 419 F.2d at 270?271. Ms. Kane respects the jury?s decision and was well within her rights in asking that a jury hear her case. Accordingly, she respectfully submits that she should not be sentenced more for exercising her constitutional rights. PERSONAL BACKGROUND Kathleen Margaret Granahan was born on June 14, 1966 in Scranton, to Joseph and Ellen Granahan. Growing up, Kathleen lived with her parents, twin sister Ellen, older brother Joseph, and younger brother Mark, in different rented properties in Scranton. Both of her parents worked several jobs in order to support their children. Her father was a janitor who picked up additional odd jobs to supplement his income, and her mother worked at a convenience store and tended bar. Her parents divorced when Kathleen was in seventh grade. During this dif?cult time for her family, Kathleen focused on work and on school. As a student in the Scranton public school system, Kathleen was involved in many after school activities. She was a cheerleader and a member of the National Honor Society, and from the age of 13, held various after school jobs. She put herself through college, earning a Bachelor?s degree in International Studies from the University of Scranton in 1988. For the next two years, she worked to save money for law school, and ultimately graduated from Temple Law School in 1993. Between entering the workforce at age 13 and taking and passing the bar examination in 1993, Kathleen held many jobs. She worked at the Lackawanna County Court House transferring ?les to micro?lm and at Burger King. She worked as a school bus aide with children with disabilities and as a cleaning lady. She Was a waitress and a District Sales Manager for the Scranton Times. She was a candy striper and an employee of Hess?s department store. In short, she has never shied away from hard work, and worked hard to make something of herself considering her humble origins. After taking and passing the bar exam in 1993, Kathleen began her legal career as an associate with Post Schell, P.C. Quickly realizing that she preferred a position that afforded her greater opportunity to engage in public service and allowed her to be closer to her family, she left corporate law in 1995 andjoined the Lackawanna County District Attorney?s Of?ce as an Assistant District Attorney, where she worked representing the Commonwealth pursuing the local criminal element. During her twelve years as an ADA, Ms. Kane primarily prosecuted sex offenders, handling thousands of cases and seeing those that abused women and children were dealt with appropriately. She also headed the District Attorney?s Insurance Fraud Unit and served as the District Attorney?s ?rst liaison to the of?ce?s Mental Health Unit. She left the District Attorney?s Of?ce in 2007 to focus on raising her two sons, Zachary and Christopher. In addition to her responsibilities as a mother of two young children, Kathleen volunteered for Hillary Clinton?s 2008 presidential campaign. She also volunteered with the Lackawanna County non?pro?t Hands on Hope, a charity that helped struggling families to remain in their homes. If a need was identi?ed by Hands on Hope, Kathleen and those she volunteered with provided what was needed. For instance, if a home needed to be cleaned, they cleaned it. If it need to be painted, they painted it. Whatever was needed to keep the family in their home, Hands on Hope tried to provide it. She served as its President between 2009 and 2010. Many of the character reference letters written on Ms. Kane?s behalf reference her dedication to this organization. Kathleen Kane?s life is replete with examples of charitable giving. She has made monetary contributions to St. Jude?s Children?s Research Hospital and Children?s Hospital of Philadelphia. She has also donated to the Anthony J. Rindaldi, Foundation for Children with Cancer and to the Joshua Kahan Fund, an organization dedicated to finding a cure for pediatric leukemia. Kathleen has also been generous with her time. In addition to serving as the president of Hands on Hope, Kathleen made a service trip to Haiti in April 2014. She paid all of her personal expenses associated With this visit and went on her vacation time. While in Haiti, she travelled to a remote village to provide food and met with enslaved children, bringing with her shoes and hygiene products. While Kathleen was Attorney General, her commitment to her children never faltered. She routinely commuted between her home in Scranton and her office in Harrisburg, a commute of more than two hours each way, in order to meet her professional obligations without sacrificing time with her children. When possible, she worked out of an of?ce in Scranton so that she could devote additional time to her sons. In October 2014, Kathleen was involved in a car accident in which she suffered a concussion and a back injury. She still experiences pain from this accident. Beyond these conditions, Ms. Kane is at risk for developing cervical cancer and is currently under the care of Dr. Frank R. Kolucki. He has written a letter to the Court outlining the frequent treatment that Kathleen requires. Dr. Kolucki?s letter is attached hereto as Exhibit TENURE AS ATTORNEY GENERAL In 2012, Kathleen Kane was the ?rst woman elected to hold the of?ce of Attorney General in the Commonwealth of Despite the conduct that brings her before the Court, Kathleen accomplished a lot of good during her tenure as chief law enforcement of?cer. In addition to the speci?c accomplishments set out below, Ms. Kane was twice appointed an of?cer to the National Association of Attorneys General. She received recognition for her dedication and service to Lackawanna County and was awarded the Remembering Zachary Award for her efforts in combatting child abuse. She was named a distinguished citizen by the Boy Scouts of America and was awarded for her outstanding dedication to law enforcement. A sampling of the many recognitions Ms. Kane has received is attached hereto as Exhibit Refusal to Defend Gay Marriage Ban In 2013, the United States Supreme Court declared the federal Defense of Marriage Act unconstitutional in its decision in United States v. Windsor, 133 2675 (2013). Following this pronouncement, several same?sex couples and members of their families sued the Attorney General, Governor Corbett, and other public of?cials. Believing same-sex marriage ban to be unconstitutional, Ms. Kane courageously said that she could not ethically defend the statute. Ms. Kane faced opposition in defending her position, but upheld her sworn duty to defend the Constitutions of the United States and of the Commonwealth of The following year, the United States District Court for the Middle District of agreed with her, ?nding that same-sex marriage ban was unconstitutional in Whitewood v. Wolf, 992 F.Supp. 2d 410 (MD. Pa. 2014). Closing the Florida Prior to Kathleen?s election as Attorney General, who were denied concealed?carry gun permits in could apply for those permits in Florida. reciprocity agreement with Florida allowed those denied a concealed-carry permit in to apply for one in Florida, receive the permit, and have that Florida permit recognized in Shortly after taking of?ce, Ms. Kane revised reciprocity agreement with Florida to restrict recognition of a Florida concealed-carry permit to those held only by Florida residents, and requiring residents to comply with the Commonwealth?s standards. By closing the ?Florida loophole,? Kathleen Kane ensured that authorities would regulate the propriety of issuing concealed-carry permits for Creation of Mobile Street Crimes Unit As Attorney General, Ms. Kane recognized her responsibility to combat growing heroin epidemic. Motivated by this desire to address a rapidly growing problem and propelled by her duty to keep the citizens of the Commonwealth safe, Ms. Kane advocated for the creation of a specialized unit to address problem with narcotics. She requested funds to establish the Unit in hearings on budget, and the Senate approved her request. Created in 2013, the Mobile Street Crimes Unit has had enormous success in cracking down on illegal drug traf?cking. In its ?rst deployment alone, the Unit made more than 100 arrests and seized approximately 35,000 packets of heroin in Hazleton, The Unit?s success has been credited, in part, to its commitment to working with local police departments. Indeed, after the Unit?s ?rst deployment, Ms. Kane told the citizens of Hazleton that ?Hazleton is a safer place than it was ?ve months ago. I promise the law?abiding citizens here that our investigative resources will be available to local law enforcement long after we leave.? Letters from Hazleton?s former Chief of Police, former mayor, members of its neighborhood crime watch, and pastor of one of its churches have all written letters on Ms. Kane?s behalf, describing the tremendous improvement the Mobile Street Crimes Unit made in the lives of the citizens of Hazleton. Preventing Privatization of Long}? In 2013, Ms. Kane successfully prevented the privatization of lottery. She was presented with a deal between and a foreign company to privately manage the Commonwealth?s lottery. The contract would have allowed a British company to share in both oversight of and pro?ts from the lottery, a system which had generated $3.5 billion the year before the deal was presented. All of those proceeds remain dedicated solely to programs bene?tting senior citizens, the only lottery in the country to do so. Ms. Kane argued that the contract violated law and the constitution because it lacked authorization by the legislature, and illegally expanded gambling. She contended that gambling laws implicate important social concerns and thereby protected the system of checks and balances requiring legislative input for modi?cation or expansion of those laws. This success by Ms. Kane kept both funds and jobs in the Commonwealth. Mansion of Attorney General?s Child Predator Section During her ?rst year in of?ce, Ms. Kane facilitated the expansion of the Of?ce of Attorney General?s Child Predator Section. She recognized that with modern advances in technology child predators are ?nding new ways to lure and exploit children and knew that law enforcement needed additional support in order to keep up with these offenders. The 2013-2014 ?scal year saw an increase in the Section?s budget from $1.3 million to $4.3 million. The additional funds went toward the purchase of two mobile forensic trucks for on-scene computer analysis, establishing a state-of-the-art command center for the Section?s use, hiring additional agents and attorneys, and investing in additional training for these agents. These technological advances and special training on modern predatory techniques continue to allow law enforcement to outpace the predators they investigate. 2013 saw the arrests of 1 14 child predators, a sixfOld increase over the Section?s arrest from 2012. Child predator arrest numbers have continued to grow since that time, and the Child Predator Section remains a national leader in combatting crimes against children. PERSONAL REFERENCES Submitted along with this Sentencing Memorandum are 29 letters of reference written on behalf of Kathleen Kane, hereto attached as the following: Ellen Gordon, mother Exhibit Pamela Granahan, sister?in-law Exhibit Joseph Granahan, brother Exhibit Mary Walsh Dempsey, Esquire, cousin Exhibit Mary Regensburg, cousin Exhibit Thomas Walsh, uncle Exhibit Marianne and Joseph Pernaselli, aunt and uncle Exhibit Michael Pemsalli, cousin Exhibit Deborah Bott, friend and former colleague Exhibit Amy Phillips Newman, Esquire, friend and former colleague Exhibit ?10? Rika Schaeffer, sons? former teacher Exhibit ?11? James Christopher Munley, Esquire, former colleague Exhibit ?12? Kelly B. Hadley, Esquire, friend and former colleague . Exhibit ?13? Patricia Clarke Knapp, friend Exhibit ?14? Karen Dartt, friend Exhibit ?15? Dr. and Mrs. Randall and Mary Clair Peairs, friends and neighbors Exhibit ?16? Donald Hart, friend Exhibit ?17? Ruth Lenahan, Esquire, friend and former colleagueFrank V. DeAndrea, Jr., Retired Chief of Police, Hazleton Police Department Exhibit ?19? Exhibit ?19? Joe Yannuzi, Former Mayor of Hazleton Exhibit ?20? Craig and Vilmarie Budde, former President and Vice President of Northeast Hazleton Crime Watch Exhibit ?21? Rev. Fr. Thomas A. Cappeloni, M.A., Retired Pastor, Queen of Heaven Parish Exhibit ?22? Albert Leoncini, Retired Detective Captain, Scranton Police ?23? Richard Kryeski, Retired Detective Lieutenant, Scranton Police Department Exhibit ?24? Dale Hadley, friend and former colleague Exhibit ?25? Layne M. Helwig, friend Exhibit ?26? Erin Kenny, friend Exhibit ?27? 10 Hinesley, friend Exhibit ?28? Jerry Donahue, friend Exhibit ?29? The letters submitted on Ms. Kane?s behalf all share a common theme: Kathleen Kane is a caring and hardworking person, committed to her family and to her community, and she has accomplished a lot of good despite the actions that bring her before the Court. The letters also convey that Kathleen is a loving and devoted mother to her two sons, Christopher and Zachary, and that any separation from their mother would have a profoundly negative impact on the lives of these two young men. Though she comes from modest means, Kathleen Kane?s life has always been rich with a loving and supportive family. Submitted with this Memorandum are letters not only from her immediate family, but also from many cousins, aunts and uncles. Kathleen?s mother, Ellen Gordon, recalls that when Kathleen was ?six years old, she decided and informed us that she would become a lawyer, like her ?Uncle Jerry,? my brother. There was never a variation on that thought. Becoming a lawyer, helping people, changing the world for the better was always her motivation to do well in school and at the many jobs she held to put herself through college and law school.? Like the many other family members who have written on Kathleen?s behalf, her mother notes how important family is to Kathleen. She writes: ?When she chose to leave a prominent law firm in Philadelphia to come home to Scranton to practice law, no one was Her home is the place where everyone meets for Sunday dinners, cookouts, birthdays, graduations, even a friend?s daughter?s wedding.? Mrs. Gordon, while certainly concerned for her daughter, is worried about the fate of her grandsons. She lives ?in total fear of the effect being separated from Kathleen will have on them. 11 As Christopher and Zachary?s grandmother, I am truly ill watching the change, the uncertainty in them already.? Pamela Granahan, Kathleen?s sister-in-law and wife of her eldest brother, Joe, recalls that when she ?rst met Joe, she ?was alone with two children coming out of an abusive marriage. Being introduced to the Granahan family was the best therapy that anyone could ask for. ..Kathy especially welcomed me with an open heart and open arms.? The Kathleen that she knows ?can intuitively guide the weak and helpless to learn how to help themselves. She has carried the burden of many with no complaints.? Pamela is also worried about the fate of Kathleen?s sons, stating that truly cannot imagine these wonderful boys, who are at a critically impressionable age, being without their mother through these dif?cult times.? Pamela?s husband, Kathleen?s brother Joe, has similar fears concerning his nephews. As a teacher in a low?income school district, he has seen what happens when a parent or family member is taken away, stating: ?Unfortunately, it is the children that end up paying the heaviest price, and this can affect the child or children for their entire lives.? Mary Walsh Dempsey, Esquire, Kathleen?s cousin, says that Kathleen?s sons ?adore their mother and need her in their lives on a daily basis. Her absence? even for a short period of time- would cause a tremendous hardship.? Ms. Dempsey was at the courthouse for Kathleen?s trial ?and watched her suffer. We shared many quiet moments together during that time and can tell you she has been punished already by the conviction, the publicity surrounding this matter and the suspension of her law license. I can also tell you that, without a doubt, she went to Harrisburg with the purest of intentions, to help the citizens, to right wrongs and to make the Commonwealth a better place.? Mary Regensburg, another of Kathleen?s cousin, echoes this sentiment in her letter to the Court, 12 stating ?My cousin Kathy has spent her entire career looking out for the people that did not have a voice.? Thomas Walsh, Kathleen?s uncle, offers that ?Kathleen is, and always has been, a person interested in helping others. Even when she was young, I remember that she [was] always trying to right wrongs and to make a difference in the world.? Kathleen?s aunt and uncle, Marianne and Joseph Pemaselli, have also written on her behalf, to ?totally and completely offer [their] support? for Kathleen. Their son Michael Pemaselli, Kathleen?s cousin, knows her as ?a compassionate, thoughtful intelligent and spirited person.? While Kathleen?s family?s ?hearts and minds? are with her, Michael, like the rest of Kathleen?s family, worries for her sons. He writes that Christopher and Zachary?s ?interests are best served with their mother at their side. Zach and Christopher are at a critical formative stage in their lives- a time when Kathy?s day to day presence, involvement, guidance and support will be essential to their emotional development and sense of security.? As a Victim Advocate who worked with Kathleen during her career as an Assistant District Attorney, Deborah Bott remembers experiencing ?the effect and emotional impact [Kathleen] had on [the victims she represented]. . .She would let them know that their thoughts, feelings, ideas, talents and dreams matter and that she would ?ght her hardest for them.? Amy Phillips Newman, Esquire, a friend and fellow former Assistant District Attorney similarly recalls witnessing ?firsthand, a profound difference in the lives of those whose courage, dignity and self?respect were restored because Kathleen fought for them.? Despite her significant efforts to improve the lives of the Lackawanna County citizens whom she represented, Ms. Newman states that ?To de?ne Kathleen simply by her career accomplishments would be a grave oversight. An objective measure of her character can truly be 13 seen in her dedication to her family, especially her two sons, Christopher and Zachary. Any amount of separation from their mother will negatively impact the growth and development of these exceptional young men.? Rika Schaeffer, Christopher and Zachary?s preschool teacher at the Jewish Community Center of Scranton, says that she has ?dealt with a myriad of parents in my tenure at the CC. Kathleen is one of the most dedicated parents with whom I have interacted. I can say with utmost con?dence that her boys are incredible people because they have Kathleen as a mom. . .In my humble opinion Kathleen Kane is an exemplary mother, and Christopher and Zachary bene?t daily for having her in their lives.? James Christopher Munley, Esquire, knew Kathleen when she was an Assistant District Attorney and he was handling con?ict criminal cases for the Lackawanna County Public Defenders? Of?ce. He recalls that Kathleen ?showed great compassion for the circumstances that brought [my client] into the criminal justice system and was always willing to take the totality of the circumstances into account when making recommendations to the court about my client. In that time I knew many other who took more pleasure in their conviction rate than they did in making certain justice was served.? Mr. Munley also had the opportunity to get to know Kathleen outside of her role as an Assistant District Attorney. Their children attended kindergarten together, and he observed that Kathleen ?is a dedicated mother who has been very active in the lives of her two boys.? Kelly B. Hadley, Esquire also worked with Kathleen in the District Attorney?s of?ce, interning there during the summer after her ?rst year of law school. She recalls: ?It was during this summer that I ?rst considered Kathy not only a friend, but a mentor, and someone I wished to emulate in the courtroom, both in preparation and presentation.? Like many of her other friends and colleagues who have written on her behalf, Ms. Hadley speaks of Kathleen?s 14 commitment to protecting children. Kathleen?s dedication to children, Ms. Hadley states, did not stop when she took of?ce as Attorney General. In fact, ?In the year before Kathy took of?ce, the Child Predator?s Section of the Attorney General?s of?ce made nineteen arrests. In her ?rst year, arrests increased an unbelievable six hundred percent to one hundred fourteen arrests. During her tenure, the Of?ce made approximately ?ve hundred arrests of child predators.? Beyond protecting the children of the Commonwealth, Ms. Hadley describes Kathleen as a ?wonderful and loving mother? and the ?glue that holds her family together.? She states, ?She has protected our children, now I am asking that you do anything in your power to protect hers.? Kathleen?s reputation for being compassionate and caring is re?ected in her personal friendships as well as in her professional relationships. Patricia Clarke Knapp has known Kathleen since high school. Kathleen, she says, ?has always been a friend whom I have always looked up to with the promise for a great ?iture while working hard for many many victims.? Karen Dartt describes Kathleen as ?without a doubt a true friend. She is going through the lowest point in her life but it has not stopped her from showing her love and compassion to us.? Randall and Mary Clair Peairs ?rst met Kathleen ?when she became our neighbor in 2000, and we have been close ever since. Kathleen is a loyal and caring friend. . . [and] a devoted mother who always puts the needs of her boys ?rst. . .I know that Kathleen understands the consequences of her actions. However, removing her from her children would only serve to hinder the boys? growth and negatively impact them at this crucial point in their lives.? Between serving as an Assistant District Attorney and as its Attorney General, Ms. Kane took some time ?off? to focus on raising her children. During this time, she became actively involved in several local charities. Donald Hart, a friend and a retired bricklayer, describes how Kathleen helped to establish Hands on Hope, a charity whose ?mission 15 was to help low to moderate income families with costly home repairs that threatened the ability to keep families together.? Mr. Hart remembers Kathleen has being ?instrumental? in Hands on Hope?s success, and respectfully asks the Court ?to consider Ms. Kane?s life, along with her sons? future, as you decide her sentence.? Ruth Lenahan, Esquire, a friend and former co-worker of Kathleen?s at the Lackawanna County District Attorney?s of?ce, also recalls the impact Kathleen had through her work with Hands on Hope. Recalling one particular family with whom they worked, Ruth describes how, ?As if it were polished wood, [Kathleen] got down on the grossest ?oor I had ever seen in my life and started playing with [the children whose mother they were assisting]. She took off her coat to cover the oldest girl. She helped that family and gave them what she could. It happened naturally with deep compassion and care. No one was watching. What came out of Kathleen in that moment and during that day is the Kathleen that I am praying that you can see.? Of her many achievements as Attorney General, the impact her Mobile Street Crimes Unit had on the citizens of Hazleton, is one of which she is most proud. Frank V. DeAndrea, Jr., Hazleton?s now retired Chief of Police, says that in his 32 year career in law enforcement, he ?has seen Hazleton, on the southern end of Luzerne County, ignored by Federal, State and Local authorities as it is not the county seat, nor does it have a large voting populous. Most politicians ignore Hazleton because they cannot garner votes, they cannot gain popular opinion and they certainly cannot fortify a war chest as there is no money to be had. The only thing politicians can gain from being associated with Hazleton is bad publicity.? According to Chief DeAndrea, ?In 2012 Hazleton had a violent crime rate four times the national average for Homicide, Rape, Armed Robbery and Weapons Crimes.? Despite this, when he approached l6 Kathleen with these problems and asked for her help, her response was ?Chief we will help with anything we can.? The help Ms. Kane provided came in the form of a Mobile Street Crimes Unit that ?racked up more than 120 arrests and seized about 35,000 packets of heroin, quantities of crack cocaine, numerous vehicles, handguns, ri?es, an assault weapon and thousands of dollars in cash.? He says: Judge Demehick?Alloy, i write you this letter because I cannot turn my back on the only person in the last two decades, who has been willing, to come to a City that was not their own, and spend countless hours, dedicate countless resources and spend countless dollars in attempting to make things better. It would be all too easy to forget the name Kathleen Kane and walk away at a time when she deserves and has earned my and the Communities respect and support but I shall not because I cannot forget the positive change she has made for our City of Hazleton and our community as a whole. Chief DeAndrea is not the only Hazleton resident to notice the impact of Ms. Kane?s efforts. Joe Yannuzzi, the Mayor of Hazleton from December 2010 through January 2016 ?tried in vain to seek help from whatever law enforcement agency that would help the city in its ?ght against drugs, dealers and gangs.? He states that Ms. Kane?s actions as Attorney General ?created a feeling of a safer Hazleton and gave comfort to our citizens.? Craig and Vilmarie Budde, the former President and Vice President of the Northeast Hazleton Crime Watch ?want to thank [Ms Kane] for her efforts and great job.? They recall that she ?without hesitation stepped up and came up with a plan to ?ood the surrounding area with her Task Force to rid the area of drugs and other concerning issues in Hazleton.? Father Thomas Cappelloni, the retired pastor of Queen of Heaven Parish in Hazleton recalls that for years he watched as Hazleton declined around him. As a result of the many positive changes in Hazleton due to Ms. Kane?s efforts, Father Cappelloni states ?This city, and I as pastor of one if its largest parishes will always be in her debt. Far too often I saw my own 17 parishioners, young and old alike ruined by the unrestrained traf?c of illegal drugs. Far too often I was called to the emergency room of our local hospital to see the effects of this deadly plague. Her efforts to combat this evil in our city were heroic.? Members of the Scranton Police Department who worked with Kathleen when she was an Assistant District Attorney also speak highly of her. Retired Detective Captain Albert Leonani was a member of the Scranton Police Department for 36 years before he retired in 2014 and worked on many child abuse cases with Kathleen when she was an Assistant District Attorney. He states: ?In my thirty six year career I worked with many Assistant District Attorney?s [sic]. I say this with all my heart, Kathleen was one of the most professional, kind, trustworthy, intelligent, hard working, compassionate Assistant District Attorneys I ever worked with.? He asks the Court ?with all due respect? to ?show mercy when sentencing Kathleen. Our community would be better served with Kathleen working for others than being incarcerated? Retired Detective Lieutenant Richard Kryeski recalls similar experiences working-with Kathleen. ?Kathleen would make herself available to the police and victims no matter what time of day. Many times at a preliminary hearing, I would be asked by the Assistant District Attorney on that day, ?What can we plea bargain this case to?? Kathleen was the one who would ask, ?What does the victim want?? Beyond these notable displays of public good will, Kathleen?s friends describe her as compassionate and caring. Dale Hadley is a good friend of Kathleen?s and, as a Victim Advocate working with the Lackawanna County District Attorney?s of?ce, was also her colleague. Kathleen, she says, ?has helped me through some of the most difficult times of my life, the most difficult being the loss of my son. She has stood by my side with support and love and I cannot express how much she has helped me deal with his death.? She asks the Court for leniency on 18 Kathleen?s behalf, not only because of their friendship, ?but also because [Kathleen] is a loving mother and aunt. Her children, nieces and nephews need her and not having her close by would devastate them.? In closing, she offers the Court that she wishes that she ?were more eloquent because as I reread these words, they don?t completely express the message I am trying to convey. I wish you could see Kathleen through my eyes.? Dale?s sister, Layne M. Helwig, met Kathleen when Kathleen?s sister Ellen and Dale became friends. That was ?an excruciating time for our family as my sister had just recently lost her 12 year old son. If it wasn?t for the compassion, care, understanding and love of [Kathleen and Ellen] I?m not sure where my sister would be today.? Erin Kenny, another of Kathleen?s friends, states that she has ?never hesitated to go to Kathleen for help with a problem I am having and it always seems as if she has all the time in the world for me and is always willing to help.? Hinesley also references Kathleen?s generosity, stating ?In 2010, my husband and I adopted a child internationally. While completing our adoption overseas, our home ?ooded and the damage rendered it inhabitable. Immediately upon hearing this news, Kathleen opened her home to my family. To this day, she extends extraordinary kindness and generosity to my daughter. Her good will at one of the most vulnerable moments in my life serves as an example of her intrinsic compassion and decency.? Jerry Donahue has known Kathleen ?for over thirty years as a mother, friend, neighbor, an assistant District Attorney for Lackawanna County and ?nally as our Attorney General.? Kathleen?s service as Attorney General and refusal to support ban on gay marriage had a personal impact on Jerry?s life. ?As the parent of a gay daughter who serves the Court as a practicing attorney in and Washington, DC. I am proud of Kathleen?s courageous stance refusing the defend gay marriage ban in court.? He offers this 19 letter of support to the Court ?with full conviction that Kathleen is truly sorry for any pain or loss of trust that the last two years may have caused her family and the public she served. It is my ?rm belief that Kathleen has learned a valuable but extremely painful lesson and is resolved to become a credit to your consideration. I believe we can trust her.? RECOMMENDED SENTENCING Beyond whatever sentence the Court imposes, Kathleen Kane has been punished, and will continue to be punished, as a result of the conduct that brings her before the Court for sentencing. As our Superior Court has noted: [T]he Old Testament tells us that the fallen angels suffered most from the torture of their fall from glory and plummet from grace, beset with the constant and unyielding knowledge of abandoned magnificence, and consumed with the certainty that what was once can no longer be. And, of course, the higher the ascent, the sharper the fall, - the more precious the gift, the more shameful its loss. Commonwealth v. Lowe, 522 A.2d 614, 617 (Pa. Super. Ct. 1987). Ms. Kane has, without question, fallen from grace. She has resigned from her position as Attorney General of Her law license has been suspended, and she faces disbarment. A custodial sentence will separate her from her children at a time that they need the stability of their mother?s presence. In light of her tremendous fall from grace, her clean criminal record, her professional achievements over the many years of her legal career, her charitable activities, her solid employment record, and the unwavering support of her family and friends, it is respectfully submitted that traditional incarceration is not necessary to protect society, to achieve any rehabilitative goals, nor to deter any future criminal conduct. Ms. Kane has been a valued and contributing member of this Bar, and now she will always carry the stigma of a convicted felon. She has lost the ability to continue a career that she loved, one to which she has aspired since the 20 age of six, and one in which she was able to accomplish a signi?cant amount of good. She has been humbled and embarrassed, and now just wants to make amends and to focus her attention on raising her children. The Defendant submits the following signi?cant reasons in support of her sentencing request: 1. Kathleen Kane has never been arrested or convicted of any crime before. She has lead a productive life, working multiple jobs to put herself through school, and has dedicated her career to civil service. She has led a productive life as a contributing member of society for decades prior to these events. 2. The circumstances surrounding the offenses for which Ms. Kane was convicted after 50 years of productive life surely re?ect that she can be rehabilitated without the need for imprisonment and that she is unlikely to reoffend. 3. Although these are serious crimes, a Sentence of probation would not unduly diminish the seriousness of the offenses. The Sentencing Guidelines give the Perjury offenses an Offense Gravity Score of 5, which calls for a range of sentence from Restorative Sanctions to 9 months with a Mitigated Range and Aggravated Range of 3. The Perjury and False Swearing offenses merge for the purposes of sentencing because False Swearing is a lesser included offense of Perjury. 650 A.2d 20, 22 (Pa. 1994) all criminal cases, the same facts may support multiple convictions and separate sentences for each conviction except in cases where the offense are greater and lesser included offenses?) 4. Ms. Kane respectfully submits that her sentence should not be aggravated because she was Attorney General at the time these offenses were committed. Indeed, her conviction for Of?cial Oppression already contemplates her status as a public of?cial. Of?cial 21 Oppression is second degree misdemeanor with an Offense Gravity Score of 2, which calls for a range of sentence of Restorative Sanctions with a Mitigated Range and Aggravated Range of 3. 5. Due to the fact that Ms. Kane previously served as Attorney General, a sentence of incarceration represents a potential risk to her safety as she could be incarcerated with individuals she prosecuted. In the event the Court feels that a probationary sentence is not appropriate in this case, a county sentence served on house arrest would be more restrictive than probation while also taking this potential risk into consideration. 6. The Benchbook contains factors which are the most frequently cited reasons for departing below the guidelines. Notably, a probationary sentence would not require a departure below the guidelines. Some of the reasons cited above are on this list; however, it is important to refer the Court to the following factors involved in this case: The offender has no prior record; The offender is unlikely to reoffend; The offender is amenable to rehabilitation; The offender has a good employment record; The offender has the support of her family; and The offender has a good reputation in the community. CONCLUSION When fashioning an appropriate sentence under these circumstances, we implore this Honorable Court not to diminish by her sentence all of the accomplishments and achievements of Kathleen Kane throughout her life. She rose from poverty to a pinnacle, and she has already fallen. As William Penn, the founder of the state to which Kathleen dedicated her career, stated: 22 ?The more merciful acts thou dost, the more mercy thou wilt receive.? This overview of Kathleen Kane?s life shows a life dedicated to merciful acts. She now asks for mercy in return. Dated: Respectfully submitted, RUGBIN, KMAN QTEINBERG AND GIFFORD, P. C. Mg Robert SltembergM Attorney for Defendant 23