Kane Leaks Another Judge’s Emails, Reports Say

Kane-ConferenceShe’s at it again.

Before her law license suspension went into effect, Attorney General Kathleen Kane ordered her office to look through emails linked to Judge Barry Feudale, going back more than a decade, according to reports from two different PA newspapers.

The Attorney General’s office found a way to access Feudale’s private messages to other judges, prosecutors and reporters, before offering the emails to the media, the Inquirer reported.

The emails included an exchange between the judge, his personal lawyers and two Inquirer reporters, before offering the emails to the media.

“I know of no involvement of anyone from the Attorney General’s office in obtaining or distributing” Feudale’s emails, Kane spokesman Chuck Ardo said, though he admitted the OAG “may have provided” some of the emails to judicial regulators and disciplinary agencies.

It seems Feudale has now become collateral damage in Kane’s long-running campaign against Frank Fina, a former prosecutor for the AG’s office, after presiding over several key grand juries during Fina’s time in Harrisburg.

Several media outlets have reported they have copies of Feudale’s emails, with the Inquirer pointing the finger at Ken Smukler, a political consultant for Kane.

“It’s none of your business how I get my information and how I disseminate information,” Smukler told Steve Esack of the Morning Call.

Before Kane lost her law license, she ordered agents Eric and Avril Eklund, husband and wife, to review closed grand jury cases from 1981 to 2013, the Morning Call reported. “The Eklunds answer only to Kane and her chief of staff,” Jonathan Duecker, the report states.

Their job was inadvertently simplified by Feudale, as he used a laptop issued by the OAG for official grand juries for official and private communications.

“I am outraged by the invasion of my privacy,” Feudale said, reacting to the news. “It shouldn’t happen to anybody. It not only upsets me, it saddens me.”

The plot thickens.

In April 2013, Feudale returned to his Strawberry Square chambers – in the same building as the OAG – after an out-of-state trip to find three files missing from his desk. After a short investigation, Capitol Police called Feudale to say they had been told to drop the investigation.

For his part, Feudale admitted he used pretty weak security measures – he left a spare key to his chambers in the base of a flag-holder in the grand jury room and gave his email password to two grand jury secretaries – both employees of the Attorney General’s office.

Feudale was removed from his post in May 2013.

UPDATE: The Attorney General released the following response which is presented below in full:

Yesterday the Philadelphia Inquirer published a report concerning emails sent and received from the private email account of Judge Barry F. Feudale.

Metadata from the Office of Attorney General’s servers confirm the following:

  • These emails are currently housed on Office of Attorney General servers. Any implication that the OAG is in possession of emails from Judge Feudale’s personal email account that are not currently on OAG servers is false.
  • Any implication that these emails are on OAG servers by any other means than the ordinary course of business is, again, false.

Judge Feudale and the Philadelphia Inquirer reporters chose to be the first to discuss these emails in public. Accordingly, today I am releasing these emails so that members of the public will be able to make their own judgment.

Contrary to impressions created by the Philadelphia Inquirer’s story that Judge Feudale was concerned with the law or his commitment to secrecy, make no mistake: Judge Feudale’s overriding concern was how to leak sealed Supreme Court documents without getting caught.

The following are email passages the Philadelphia Inquirer chose not to quote in its story:

Email to Philadelphia Inquirer reporter Craig McCoy from Barry F. Feudale dated July 8, 2013

Subject: “Re: nice meeting you “two” Craig forwad this to Angela I don’t have her email handy”

“I am also considering giving you the brief Order initialy removing me and the Order denying reconsideration with explanation why I was removed…Since…you and Angela seem to be aware of the content of such (I believe you said it, or parts of it was read to you and or parts of the Application for a Writ of Prohibition,) it seems to not in the interest of transparency and completeness to not “confirm” what was said in the order. My Problem is that the Application for a writ was sealed (as are all Kings Bench matters) so I need both your assurance it will only be used as background and you will not reveal me as a source of such.” (emphasis added)

Email to Philadelphia Inquirer reporters Angela Couloumbis and Craig McCoy from Barry F. Feudale dated July 14, 2013

Subject: “Fw: portrait.final comments

“As I indicated I did not think Kane would respond.  I suspect her strategy is to wait for the article, then claim I am a knife wielding disgruntled former Grand Jury Judge who has violated secrecy of Grand Jury proceedings as well ignoring an unclear sealing of Application for writ and various responses.  I have been advised by more than one to keep my mouth shut.  While I know I did not violate secrecy she will claim such.  Secrecy is something she will use or abuse as it suits her purposes.  As to the sealing of the Writ etc., I am less clear…

“Bottom line “I will not be intimidated by anyone. The price (even if it means I am done working as A Judge) of silence is too high….”

The seriousness of this reckless breach of sealed Supreme Court documents, orchestrated by the presiding judge of a state investigative grand jury, with attorneys and the very reporters who have covered some of the Sandusky, Computergate, and Bonusgate cases, cannot be overstated. The OAG is currently litigating post-conviction motions involving these cases.

I have instructed my office to send a complete set of these emails to the Judicial Conduct Board.

45 Responses

  1. i am surprisingly here. I discovered this board and I in discovering It genuinely accommodating and it helped me out a great deal. I would like to present something back and help other people, for example, you helped me. Single Forever

  2. Agreed, eagleswing. And my guess is that this is just the tip of the iceberg.

    Someone needs to start examining whether it is right that Fina and his buddies have mis-used grand juries to try to cover their own corruption, misappropriation, and racism.

    For instance, it has been reported that Frank Fina used the FOIA to get all his vile disgusting e-mails. He then proceeded to introduce them into evidence in a grand jury so that they would be “protected” and Fina could continue to hide the truth.

    Add “devious” and “corrupt” to the list of adjectives for that racist creep woman-hating pig.

  3. Feudal should be disciplined for this : ‘My Problem is that the Application for a writ was sealed (as are all Kings Bench matters) so I need both your assurance it will only be used as background and you will not reveal me as a source of such.” a sitting judge, leaking info to reporters because he knows they are protected by the shield law? atrocious! and since it’s sealed none of us plebeians will ever know if he followed through with his plan to leak secret kings bench info. disgraceful.

  4. Now I know why Fina & The Corbett Pervs were going crazy yesterday trying to distract everyone with nonsense about Judges being followed and Feudale’s feigned anger. The Inquirer didn’t print this, here it is —

    E-mail to Philadelphia Inquirer reporter Craig McCoy from Barry F. Feudale dated July 8, 2013:

    “Subject: Re: nice meeting you “two” Craig forwad this to Angela I don’t have her email handy

    I am also considering giving you the brief Order initialy removing me and the Order denying reconsideration with explanation why I was removed…Since…you and Angela seem to be aware of the content of such (I believe you said it, or parts of it was read to you and or parts of the Application for a Writ of Prohibition,) it seems to not in the interest of transparency and completeness to not “confirm” what was said in the order. My Problem is that the Application for a writ was sealed (as are all Kings Bench matters) so I need both your assurance it will only be used as background and you will not reveal me as a source of such.”

  5. eagleswing – don’t you get it? The fix was in. Castille used the e-mails that he publicly requested from Kane to get revenge on a political enemy (McCaffery) and then used taxpayer $$$ to hire a shill to make it look like Eakin did nothing wrong.

    Don’t forget – Castille is the guy who wants Kane’s job … who authorized the Kane witch-hunt … and who leaked grand jury information to the Press. You can’t make this stuff up!! Kane’s defense lawyers must be salivating. They have an embarrassment of riches when it comes to cross-examination material.

    Speaking of embarrassing cases Fina is involved with — when is the steaming pile of dung (sting) case listed for trial? I need to order some Johnson’s Popcorn from Ocean City …

  6. the claim that ‘Eakin only sent two emails… Neither of them contained nudity or racism’ is false. there was a disc of 300 more that the highly paid private attorney doing JIRB’s job was offered– but he refused to look at as it would have caused a reversal of his finding that Eakin was an ‘innocent recipient ‘ of only 2 pornmails. it’s the 300 more pornmails that the paid investigator refused to look at that are now justifiably causing huge problems for Eakin. But the old boys network will just say tsk tsk, eakin’s using a john smith fake account to send porn emails is no cause to discipline him –well boys will be boys, eh? they’ll just let him resign a little early with full honor glory and pension. but maybe they can get McCaffery to testify against Eakin in a disciplinary trial? that would be worth watching.

  7. so disgusted to read of yet another corrupt PA judge (Orie-Melvin, Mccaffery, Eakin– now Feudal. will he get to stay retired and keep his fat pension (like McCaffery) after he leaked secret GJ and kings bench material to the 2 news reporters to make himself look good? Where is the Judicial Inquiry and Review Board on this latest poster boy for judicial corruption — or are we taxpayers going to get another weak sloppy highly paid ‘private investigation’ (like the one that ‘cleared’ McCafery to retire and collect his full pension?)

  8. elroy – thanks for the reminder. Did Fina & The Corbett Pervs really think they would get away with all this?? Well … … I guess they would have had Kane not been elected.

    Dragging these corrupt, racist creeps into the light of day is as important as anything any AG could do. PA deserves better than prosecutors and judges who make fun of rape victims, think a woman’s place is in the home, and chuckle as they swap racist e-mails.

    Fina & The Corbett Pervs need to be rooted out …. like weeds ….

  9. I’m gulag, I’m a taxpayer, I paid for that computer!!!1

    Oh really, gulag? How much did that computer set you back?

  10. So what if the report ordered by Judge Feudale is under seal as a grand jury secret report? The Inky probably got a copy. Shouldn’t the taxpayers get access too?

  11. Was Judge Feudale working for DeNaples or Sandusky? Not surprising that Fina buddies were tasked with investigation, as Fina was too busy watching porn on his OAG computer.

  12. A computer owned by the OAG sorry but this seems like the property of the Taxpayer’s ………!!!! Why shouldn’t it be reviewed for improper use ??????

  13. FACT:
    Grand Jury Judge Barry Feudale ordered an investigation of leaks from the DeNaples and Sandusky Grand Juries. Feudale appointed two former co-workers of Frank Fina to conduct the investigation.

    I guess the report is sealed under Grand Jury rules??????

  14. verde makes some very good points. grand jury judge and prosecutor should not be talking to the press. will be interested to see their e-mails. they are also supposed to be independent. a close relationship between the judge and prosecutor would create the appearance of impropriety – possibly worse.

  15. Just when you think that this site couldn’t attract a crazier set of commenters, Terrance Healy shows up. *mind blown*

  16. Holy crap!! fuedale is a complete idiot. He’s sending emails to Fina and reporters on an AG server and complains about his privacy rights? Hahahaha. More to the point , what the hell is the grand jury judge and prosecutor doing meeting with reporters? When is Risa ferman hitting his office with the subpoena? fuedale and Fina will look good as co defendants.

  17. Th syndicate of corruption which greeted Kathleen Kane when she took office ALSO exists in the District Attorney’s offices throughout Pennsylvania.

    The Pennsylvania DA’s are organized under Risa Ferman.

    When the law enforcement staff commit crimes, the District Attorney or Attorney General cannot prosecute them because of Attorney Client Privilege.

    Kane fired the criminals in the OAG staff… BUT, they were picked up by Philadelhia District Attorney Williams.

    Risa Ferman permits the corruption to continue. She ignores the corruption by her staff and court administration and all her other county clients. When exposed… she destroys their accusers.

  18. “She’s at it again.”

    Really? That is quite an accusation by Politics PA, but the story does not back up the suspicions. Nor does it specify what “it” is that you say Kane is up to again. Poor journalism. Sounds more like someone with an agenda to push than “reporting”.

  19. Unbelievable. Everyone needs to read that article Observer linked to below. Just so it’s clear – there should be no such thing as “surprise testimony” in a Federal criminal trial.

    Putting the actions of the prosecutors aside for a second, the revelation that the Inquirer was actively helping an FBI agent by providing information on Fattah is an absolute shocker. No one should EVER talk to those people. Heads will have to roll at the Inquirer. This should be national news.

    Shame on you, Inquirer.

  20. O – You are 100% correct on Philly.com

    The Inquirer is now, officially, a disgrace. That Fattah trial should be ended right now. DOJ Washington should be looking into what happened.

    Agent Haag – you are a scumbag … but you are nothing compared to the disgusting jag-offs at the Inquirer.

    Craig & Angela – You ARE next. I’m sure you know that.

  21. Yes, want proof? Read the highly one-sided account of a victim who didn’t have all the information that law enforcement had or any understanding that a case against a predator must be built slowly. Kathleen Kane tried to blurt out (with Geoff Moulton at her side) that there were additional victims during the OAG investigation, but she had to retract that statement because everyone knew it was false. But I don’t care about embarrassing myself, so I’ll keep repeating the lie.

  22. Inquirer never says who these leakers are. But sometimes we find out. Today, on the stand in the Fattah trial in Philly a fed named Haag squealed, and admitted to leaking details about the investigation to an Inquirer reporter – for months! Seems the Inky is just as much of an ethical cesspool as our esteemed Judiciary.

  23. That is TERRIBLE news. That means Sandusky will now be able to get all the stuff Kane has been uncovering about Fina and Feudale during discovery. Sandusky is probably praying they bring additional charges.

    I am really hoping that Fina’s misdeeds do not result in a new trial for that animal. Fina and Corbett already gave that rapist 32 extra months of freedom. Fina sat on his hands watching bestiality videos while Sandusky raped children.

    Want proof? Read Aaron Fisher’s book. Very disturbing.

  24. Pat Unger (I mean, me), yes, he loves me — I mean, both of us, since we’re the same person. Clown Car. Paterno forever! I hate Fina.

  25. Kane must saved and Sandusky must be freed!! DEMOCRATS FOR SANDUSKY! RepervliclowncarcorbettpervsFINAAAAAAAA!

  26. Why not have an honest headline?? Why not just be real? The headline should read:


    lol … and then the article could actually point out that there is no proof that she actually did so and that legal experts agree that the e-mails on the OAG computer are fair-game.

    The Clown Car Pervs think they are good at manipulating the Press. But it will be their undoing. Eventually, someone is going to have to investigate all those leaks from the Kane Grand Jury. And EVERYONE knows where that investigation will go.

    Frank – do you really think Craig and Angela will go to jail for you? You are a known racist … You are toxic. When’s the steaming pile of dung (sting) case listed? POPCORN will be ready.

  27. And never mind that I get bent out of shape when people want to remove an elected AG but have no problem removing an elected justice of the Supreme Court. LONG LIVE PATERNO!! FREE SANDUSKY!! Clown Car!

  28. Eakin only sent two emails. Neither of them contained nudity or racism. Next! Oh, by the way, Kane got caught red-handed committing felonies. Has she resigned yet?

  29. Don’t worry, aaron. The chorus is growing louder and louder. The calls for Eakin’s resignation are flowing in. I am sure the folks who point to Kane “polls” and other indicators of public opinion as a reason for her to ensign will also soon be calling for Eakin to resign … NOT … After all, Eakin is a racist, woman-hating Repervlican … a member of the “Grand Ol Party” … LMAO …

  30. Eakin made fun of female domestic violence victims. He degraded women. Eakin laughs at rape victims. Has he resigned yet?

  31. Unlike McCaffery, Eakin never received kickbacks from ambulance chasers who appeared before the court.

  32. Speak for yourself, Troll.

    You seem to be the one here using everyone else’s handles. I am Observer #3. Always have been. Always will be.

  33. You guys need to dig a little deeper.

    Feudale and Fina were butt-buddies. And Faudale was THE JUDGE on Fina’s Grand Juries. Not good. Not good at all.

    The Inquirer piece seems to be a move designed to get the bad news (for Fina and Feudale) out there with an anti-Kane spin. It’s not working.

    Legal experts are saying that Feudale’s e-mails on the OAG lap-top are fair game. Gina know that. Feudale knows that. They are just trying to pull the wool over our eyes.

    Can’t wait to see their e-mail exchanges. Not to mention the report on the grand jury corruption that is certain to be coming next.

    Kane’s election has been a disaster for Fina’s career. Almost as big a disaster as she has been as AG.

  34. Right on, Observer, my Paterno-worshipping brother!! Ultimately none of this is criminal or even unethical, but hey, maybe the Paterno statue will rise again! FREE SANDUSKY, OBSERVER!! FREE SANDUSKY!

  35. You left out the best part! Feudale was in FREQUENT correspondence with Porn Peddler Freakie Frankie Fina! He even sent Fina a derogatory joke email about Kane! Feudale just outed himself as a member of the Pornogators Club. And for a supposed Dem, he really is stupid: he left his office key in a dish in the public courtroom, and left his computer password on a sticky note ON the laptop. He surely deserved to be removed from Fina’s personal grand jury, and removed from the bench completely.

  36. This is great! Is Sandusky free yet? Has Fina been sentenced to polish the Paterno statue? REPERVLICANS! CLOWN CAR!

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