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Kane Testimony Sheds Light on Sandusky Grand Jury Leak Confusion

by on November 10, 2015 10:00 PM
Harrisburg, PA

Just as Judge John Cleland promised, the testimony given by attorney general Kathleen Kane last week has been unsealed.

While that testimony didn't include much substance or noteworthy information, it did shed some light on the confusion regarding alleged from the Jerry Sandusky grand jury.

After a press release from Kane's office two weeks ago was interpreted by Cleland to imply that judge Barry Feudale leaked documents related to the Sandusky grand jury, Kane testified in Harrisburg that she never said that.

"I never, ever said that he leaked sealed grand jury documents," Kane said, according to the testimony transcription. "Never in my press release did I ever infer or imply that Judge Feudale and/or any prosecutors were involved in the leaking of grand jury information.”

Instead, Kane testified, she had only stated that Feudale leaked documents from the state Supreme Court, but not the state investigative grand jury.

Referring to over 3,000 of Feudale's e-mails that were stored on the Office of Attorney General servers, Kane said that there was nothing she saw to give her the impression that Feudale -- or anyone in her office for that matter -- leaked Sandusky-related information from his grand jury.

“The ones that I saw did not indicate that he was any part of a leak of grand jury information from the Sandusky grand jury," she said. "And I would assume that anyone else who had looked at them would have immediately notified me if there had been such [e-mails]."

In fact, Kane said that Feudale expressed concern over grand jury secrecy related to Sandusky within e-mails and took steps to address that, including the appointment of two special prosecutors to look into it. As those prosecutors were appointed by Feudale and operated outside of the Office of Attorney General, Kane testified that she is unaware what the outcome of that investigation was.

A report that may or may not exist from that investigation has been a point of contention in Sandusky's appeal attempt, in which his attorneys tried to uncover the report through a discovery request, which has since been denied. Cleland argued that using the post-conviction discovery process to ask for documents that you know exist is one thing, but fishing for documents that may not exist is another.

When questioned by Sandusky attorney Alexander Lindsay regarding a quote from a Kane spokesperson in an AP article, the attorney general clarified the statement by Chuck Ardo. The quote in question came from an AP article, where Ardo said: "The attorney general herself is not convinced that the leaks did not emanate from the office of attorney general and will comply with any subpoena seeking information about email traffic between this office and the judge."

Kane testified that those weren't her words and that she never directed Ardo to give that statement to the press. She clarified that Ardo meant she can't rule out any possible source of the leak, not that she had knowledge it came from within her office or any reason to believe that was the case.

"Those were the words of Chuck Ardo. Those weren’t my words," she said. "They weren’t even my words directed to him to give to the press. Those were impressions that were given by him without authorization from me."

"I don’t discount anyone until you can discount them. And I don’t blame anyone until you have evidence to blame them," she added. "It could be the prosecutors’ office. It could be the defense attorneys. It could be Penn State. From what I understand it could have been Sandusky himself."

As for the Sandusky discovery requests, of which two are still awaiting Cleland's opinion, the judge inferred that he would issue a ruling in the near future.

Zach Berger is the managing editor of He graduated from Penn State University in 2014 with a degree in print journalism. Zach enjoys writing about a variety of topics ranging from football to government, music, and everything in between.
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