NORRISTOWN >> The immunity of a key witness against Kathleen Kane could be under scrutiny, according to her successor, Bruce L. Castor Jr.
Castor, who is stepping in as acting Attorney General after Kane’s resignation Wednesday, spoke to reporters Tuesday evening about his experience and qualifications for the office, for which he mounted a failed campaign in 2004.
He also discussed whether Joshua Morrow, a key witness for the prosecution against Kane, could be prosecuted for lying to the statewide investigating grand jury, despite being granted immunity.
“If immunity is granted to Mr. Morrow, that immunity is not immunity from prosecution. It is immunity from having the words he said in court used against him in a subsequent proceeding or anything derived therefrom,” Castor told reporters.
“If he can be proven to have committed perjury without using the testimony that he gave during the trial, and using other evidence. I believe that it is possible that a new attorney general, myself or a successor to me, would in fact have jurisdiction to prosecute him.”
Morrow, a former political consultant for Kane, testified in court that he served as a courier for Kane as she leaked documents pertaining to a 2009 grand jury investigation to a Philadelphia Daily News reporter.
He admitted in Montgomery County Court that he previously lied during several grand jury hearings at which he testified Kane never saw the documents that she is now convicted of leaking to reporters. Morrow said at the time he was trying to protect her.
Eventually cooperating with prosecutors, Morrow was granted immunity by a court order dated Aug. 10, testimony revealed.
“I don’t know what the Commonwealth bound itself to and I don’t know whether the District Attorney of Montgomery County has the authority to bind the Attorney General of Pennsylvania,” Castor said during a press conference.
Morrow was a key witness in the case against Kane, giving damaging testimony about the leak and the subsequent attempt to cover it up.
A spokeswoman for the Montgomery County District Attorney Kevin Steele declined to comment on Morrow’s fate or Castor’s comments.
Kane was convicted Monday of charges of perjury, obstructing administration of law, official oppression, false swearing and conspiracy. She announced her resignation the following day, set for close of business Wednesday. Castor, a former Montgomery County commissioner and district attorney, will serve as acting attorney general until a new Attorney General is elected and sworn in January or a replacement is appointed by Governor Tom Wolf and approved by the state senate.
Wolf issued a statement Tuesday on Kane’s resignation, saying that he will “work with both Republicans and Democrats in the Senate regarding any potential appointment of an Attorney General.”
