Inquirer Editorial: Sting evidence requires action

Rarely, it seems, is anything what it appears to be when it comes to Pennsylvania politics. Thus we have the state's top law enforcement officer declaring that crimes have occurred, but offering excuses for not pursuing the alleged criminals that seem to get weaker by the day.

The truth is unlikely to be revealed without further investigation and possibly legal proceedings. Both the state Ethics Commission and the state House Ethics Committee have been asked by a private citizen to look into the matter. But Attorney General Kathleen Kane should consider reopening the case.

At issue is the conduct of up to eight political figures who were recorded accepting cash and other gifts in an undercover sting, according to Kane's account in a news conference Monday. She said fatal flaws in the investigation prevented her from arresting anyone.

Through sources, The Inquirer has learned the identities of four Philadelphia legislators targeted in the sting and what they allegedly received: State Reps. Ron Waters, $7,650; Vanessa Brown, $4,000; Michelle Brownlee, $3,500; and Louise Bishop, $1,500. Additionally, former Philadelphia Traffic Court President Judge Thomasine Tynes received a $2,000 bracelet.

While Pennsylvania's weak laws do not prohibit elected officials from accepting gifts or cash in any amount as long as no favors are expected or provided in return, they are required to disclose what they receive, which none of this group did.

Kane said she did not pursue any charges because the case would have fallen apart in court. She said the sting was poorly executed, appeared to be racially motivated (five of the known targets are black), and relied on an undercover informant, lobbyist Tyron B. Ali, who lacked credibility and had received a generous plea deal in a separate case.

Kane's caution seems warranted until you remember her vehemence in criticizing her predecessor as attorney general, Gov. Corbett, for being overly cautious in delaying the arrest of former Penn State assistant coach Jerry Sandusky for sexually assaulting several boys. Kane's investigation into whether politics played a role in Corbett's caution is ongoing.

Two of Corbett's former prosecutors, Joseph E. McGettigan and Frank G. Fina, have not hidden their anger at being second-guessed by Kane. Fina was also the mastermind of the Ali sting that Kane says was flawed. She accused Fina, who now works in the public corruption unit of the Philadelphia District Attorney's Office, of giving Ali "the deal of the century" by dropping fraud and theft charges against him to get him to work undercover.

Saying she cannot salvage the criminal case, Kane is urging an ethics probe, even though she apparently did not do so until The Inquirer disclosed the payments. But an ethics probe won't reveal whether politics linked to the Sandusky case played a role in Kane's inaction.

"I believe that we have evidence that certain legislators were taking money, and that's a crime," she said Monday. That statement alone warrants a day in court for the accused to defend their reputations.