On procedural grounds, judge rejects Kane's claim of selective prosecution

A Montgomery County judge on Monday rejected state Attorney General Kathleen Kane's bid to have the criminal case against her dismissed on the ground that she was the victim of selective and "vindictive" prosecution.

Judge Wendy Demchick-Alloy said Kane's lawyers had not conformed to proper procedure in filing their motion for dismissal last month. The judge did not offer an opinion on the merits of Kane's assertions but gave her a chance to file an amended motion within 10 days.

Kane is facing trial in Montgomery County Court on perjury and other charges. Prosecutors say she illegally leaked secret grand jury information in a bid to embarrass a rival and later lied about it under oath. She has pleaded not guilty.

Last month, Kane's lawyers argued that she had been unfairly targeted. They said the attorney general's political rivals launched the criminal investigation in a bid to stop her from releasing embarrassing information about them - including their exchange of racist and pornographic emails on state computers.

Prosecutions of grand jury leaks are rare, they said, and the one against Kane was "vindictive."

Montgomery County District Attorney Kevin R. Steele called Kane's contentions frivolous and asked the judge to reject them.

Demchick-Alloy said Kane's lawyers did not conform to criminal codes in submitting their arguments for her review. The judge suggested that the filing needed to be streamlined.

If the lawyers amend the motion, the judge wrote, she would reconsider it. Prosecutors would then have another chance to respond.

Kane's lawyer, Gerald Shargel, could not be reached for comment Tuesday.

Kane, a Democrat, is in the final year of her tenure as attorney general. After she was criminally charged, the state Supreme Court suspended her license to practice law. She subsequently announced that she would not seek a second term.

Her trial is scheduled for August.

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