Former state Attorney General Kathleen Kane acquitted of DUI charge

Terrie Morgan-Besecker, The Times-Tribune, Scranton, Pa.
·3 min read
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Dec. 20—Former state Attorney General Kathleen G. Kane was found not guilty of drunken driving following a nonjury trial today before Lackawanna County Judge Vito Geroulo.

Kane's attorney, Jason Mattioli, said Geroulo issued the verdict following around six hours of testimony.

"We not only proved she was not guilty beyond a reasonable doubt. We proved she was innocent," Mattioli said following the trial.

District Attorney Mark Powell said he was disappointed with the verdict.

"Given the strength of the evidence we presented, I struggle to understand how the judge could find her not guilty," Powell said in a statement.

Prosecutors alleged Kane, who had just left Cooper's Seafood House in Scranton, was intoxicated when she struck a car driven by Oussama Medallel as she made a right turn off Moosic Street onto Meadow Avenue in Scranton on March. 12.

Kane performed a field sobriety test, but refused a blood test to determine her alcohol concentration, leaving Deputy District Attorney Jonathan Pietrowski to rely on physical signs of intoxication to prove the case.

The prosecution's case hinged on video taken at Cooper's, which showed Kane was at the restaurant from at least 2:59 p.m. to 6 p.m. Kane is seen taking a drink from a Michelob Ultra beer can, bottle of Corona Premier beer and a shot of unknown liquor.

The arresting officer, Ryan Seprish, said he smelled alcohol coming from her car and that she slurred her words. A second officer, Jeffrey Vaughn, conducted a field sobriety test.

Kane denied she was drunk, telling officers she was the designated driver and had just picked up her sister, Ellen Granahan. She claimed the crash occurred because her car slid on ice after she made a wide turn to avoid a snowbank.

Mattioli said the prosecution played the videos and presented the testimony of Medallel, two employees of Cooper's, Seprish and Vaughn.

Mattioli had sought to suppress the field sobriety test because Vaughn was placed on leave after his arrest on federal charges of accepting pay for extra-duty shifts he did not work at public housing complexes in the city. Geroulo denied that request prior to trial.

Mattioli said Seprish testified he smelled alcohol coming from the car, but did not smell alcohol on Kane's breath. He also acknowledged Granahan sister was in the car and appeared highly intoxicated.

Kane did not testify. The defense focused on showing Vaughn did not properly conduct the field sobriety test and body camera video that Mattioli contends clearly shows Kane exhibited no signs of intoxication.

Mattioli said he also presented a field sobriety test expert, who said the test results were invalid because Vaughn did not follow established guidelines. He said he believes the most damaging evidence to the prosecution's case were statements of employees at the DUI processing center.

"Seven people she came in contact with at the DUI processing center all said she was pleasant and they did not smell alcohol on her breath and did not believe she was impaired," Mattioli said. "These are people who come into contact with impaired and intoxicated people on a daily basis."

Mattioli said the case was a nonjury trial because defendants charged with a first-time, misdemeanor count of DUI do not have a right to a jury trial.

Although she was acquitted of the charges, Kane's license was still suspended for one year for refusing to submit to the blood alcohol test. Mattioli said that is a civil matter that she is appealing.

Contact the writer: tbesecker@timesshamrock.com; 570-348-9137; @tmbeseckerTT on Twitter.