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Trial Of PA Attorney General Kathleen Kane Could Be Delayed

By Jim Melwert and Walt Hunter 

NORRISTOWN, Pa. (CBS) -- Lawyers representing Pennsylvania Attorney General Kathleen Kane in her fight against criminal charges of perjury and obstruction, say they're appealing a Montgomery County judge's decision on pretrial motions.

Kathleen Kane's attorney Gerald Shargel told Montgomery County Judge Wendy Demchick Alloy they are filing the appeal of her decision last month, which denied a series of pre-trial motions.

If the appeal goes forward, it could mean a delay of Kane's trial, which is currently scheduled to start in August.

"Appeals always delay what's happening in the trial," Shargel told reporters outside the courthouse.

But Kane's attorney, Gerald Shargel bristled when asked if he was taking a page from the Bill Cosby defense playbook.

Reporter: "As in stretching out the case as long as possible?"

Shargel: "No it is not. I don't go by anyone else's playbook."

The motions that denied by Judge Demchick Alloy, include a defense request that the entire Montgomery County bench be recused from the case due to several alleged conflicts of interest. And a request that charges be tossed because the investigating grand jury was allegedly unlawful and unconstitutional.

Shargel says they still have the August 8 trial date in mind.

The District Attorney's Office did not make any public comment, but, as seen in the Cosby case, the appeal process is complicated and time consuming, raising the possibility that if Kane's trial were delayed past January, she would face trial as a former, rather than current Attorney General.

 

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