Not an ‘infamous crime’: Delaware Supreme Court lets ex-cop convicted of official misconduct take council seat

A former Delaware police chief predicted in April that “this is far from over” when a judge prevented him from taking a town council seat because as a cop he had been convicted of official misconduct.

And he was right.

The state Supreme Court has overturned a ruling by the Superior Court President Judge Jan Jurden and is allowing Michael Capriglione to join the Newport Town Council.

The high court’s decision is a blow to Attorney General Kathy Jennings, who initially went to court to stop Capriglione from taking the oath of office in April after learning of his election in the town of about 1,000 people west of Wilmington. Capriglione ran for one of four open seats in Newport and received 32 votes, the most of any candidate.

Jennings had argued that under the Delaware Constitution, Capriglione’s misdeeds amounted to an “infamous crime’’ that barred him from holding an “office of trust, honor or profit under this state.” The imprecise phrase “infamous crime” is listed in in the constitution in addition to the specific crimes of embezzlement of public money, perjury, and burglary.

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