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Ex-Judges' Guilty Pleas Thrown Out
Ex-Judges' Guilty Pleas Thrown Out - Friday, July 31, 2009 at 11:35PM EST
Reported by: Joe Holden
Friday, Jul 31, 2009 @ 11:35pm EST
SCRANTON, LACKAWANNA COUNTY- In a major twist, the guilty pleas of disgraced Luzerne County ex-Judges Michael Conahan and Mark Ciavarella have been vacated. Federal Judge Edwin Kosik released details of pre-sentencing reports through a five-page opinion. The report suggests Conahan "refused to discuss the motivation behind his conduct, attempted to instruct and impede justice, and failed to clearly demonstrate affirmative acceptance of responsibility with his denials and contradiction of evidence, which is essential to the tenor of the Government's case."
The opinion reported Ciavarella was less obstructive, but said he denies what he terms "quid pro quo" his receipt of money as a finder's fee...." Attorney Al Flora represents Ciavarella and would comment that they are carefully reviewing the opinion. Flora said they were in talks with the U. S. Attorney's office.
A call to Conahan's attorney, Philip Gelso, was not immediately returned.
Both defendants have ten days to respond to the opinion. Under terms of the plea deal, Conahan and Ciavarella faced 87 months in jail. The opinion shows the negotiated pleas were "well below the sentencing guidelines for the charges offenses."
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