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HARRISBURG, Pa. (AP) — Pennsylvania’s former top state prosecutor likely is to soon find herself behind bars more than two years after being convicted and sentenced for leaking grand-jury information and lying about it.
The Pennsylvania Supreme Court announced Monday that it won’t review former state Attorney General Kathleen Kane’s conviction, and the Montgomery County (Pa.) District Attorney’s Office said it will ask a judge Tuesday morning to revoke her bail.
The justices won’t reconsider Kane’s claims that she wasn’t properly convicted of two felony counts of perjury and seven misdemeanor charges, including obstruction and conspiracy.
Kane, 52, a Democrat, has been out on $75,000 bail since her October 2016 sentencing to 10 to 23 months in jail.
A spokeswoman for the prosecutors’ office in suburban Philadelphia said the defense and prosecution could agree on when she should report to the county lockup, or the judge could set a date or order her to report immediately.
Joshua Lock, Kane’s defense lawyer, didn’t immediately return a message seeking comment.
A three-judge Superior Court panel previously upheld her conviction, ruling, in part, that her defense wasn’t entitled to use evidence of a pornographic email scandal or the Jerry Sandusky child-molestation case that her former office prosecuted.
While running for the office, Kane was critical of how the office handled the Sandusky investigation at Penn State, creating resentment among some of the lawyers who worked on it.
After secret grand-jury information about another investigation was leaked to a newspaper, two of the attorney general’s office’s former prosecutors alerted a Montgomery County judge, and he appointed the special prosecutor who investigated Kane.
Superior Court said Kane cited baseless reasons in asking to use evidence of the pornographic emails, a scandal that rocked the state’s judicial community and the attorney general’s office in particular, and led to the resignation of two Supreme Court justices.
Former state prosecutors Marc Costanzo and Frank Fina, the lawyers who contacted the judge about grand-jury leaks, also were implicated in the pornographic-email scandal and played key roles in Sandusky’s prosecution.
Kane was the first woman and first Democrat elected as the state attorney general. She resigned in 2016 after her conviction.