Kilgus files ethics complaint against DA; disciplinary investigation still ongoing
As the county judge race kicks off, conflict-of-interest complaints are being filed against one candidate, and a state level disciplinary investigation still looms over another.
Hughesville attorney Mary Kilgus has filed two conflict-of-interest ethics complaints against Lycoming County District Attorney Eric R. Linhardt, alleging he launched an investigation against her as a political stunt at the beginning of her campaign for county judge.
But Linhardt, who also is running for the judge seat, said when the investigation began he was unaware of Kilgus’s intentions to run, and as soon as he found out he turned the investigation over to the state Attorney General’s Office.
“I hope the people see that this was politically motivated and was intended to keep me out of the race,” Kilgus said. She said while she doesn’t have proof that Linhardt was aware of her announcement, she had discussed the possibility of running for judge when she worked with him in the District Attorney’s Office.
She also said it was known among the local lawyer community that she intended to run.
“I know he knew, because he knows me,” she said.
Linhardt denied having knowledge of Kigus’s decision to run.
“I didn’t know about it until (the candidacy) was announced in the paper on the 12th,” Linhardt said, referring to the date in January.
Additionally, Linhardt said that when the investigation began the two witnesses who brought information forward were interviewed by the state police and then a search warrant was approved by First Assistant District Attorney Kenneth Osokow and District Judge Jon E. Kemp.
A surprise raid of Kilgus’s office was conducted by law enforcement on Jan. 10.
According to Kilgus, her announcement was released to the media on Saturday Jan. 7.
According to Linhardt, after he saw Kilgus’s announcement on the 12th he turned the investigation over to the Attorney General’s Office.
He acknowledged he knew the investigation would be sensitive because Kilgus previously had worked with him and she had run against him for district attorney in the 2015 election.
Due to this, he said he brought in the Attorney General’s Office.
Lindhardt said the state Disciplinary Board already was conducting an investigation because the two witnesses took their complaint to that agency first, on Dec. 13. The two witnesses came to Linhardt’s office on Dec. 27.
According to the disciplinary board, its investigation into Kilgus still is ongoing.
A letter sent to Kilgus by the Attorney General’s Office said her property seized in an office raid was returned.
However, the letter stated that the Attorney General’ Office deferred its investigation to the “Office of Disciplinary Council to allow them to conduct an investigation of this matter and to avoid the possibility of parallel investigations.”
The letter went on to add that since the records “may be evidence in future proceedings, they should not be altered or dissipated in any way by any person.”
In a previous statement, Kilgus’s attorney, Robert Hoffa, stated the return of property meant the investigation was over, from their point of view.
Kilgus’s complaint against Linhardt also alleges the two witnesses, her previous office manager and paralegal, are “disgruntled employees” and were not properly vetted before the warrant was approved.
However, Linhardt said “the law says that their credibility is presumed because they have identified themselves to authorities.”
He also added that three different law enforcement agencies were involved, as well as Kemp, who deemed the witnesses credible.
Kilgus said she hopes her two complaints against Linhardt will shed light on unethical actions.
“I can’t sit here and allow this to happen to me or anyone else,” she said. She plans to hold a press conference on the steps of the Lycoming County Courthouse at 10 a.m. Friday to discuss her campaign and her allegations against Linhardt.
“I hope the people see it for what it is,” Kilgus said. “I’m not going to let him stop me from running.”