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Former judges withdraw guilty pleas after ruling

ALLENTOWN — Two former northeastern Pennsylvania judges charged in the "kids for cash" corruption scandal withdrew their guilty pleas Monday after a federal judge ruled they had failed to accept responsibility for their actions.

The decision by disgraced Luzerne County Judges Mark Ciavarella and Michael Conahan paves the way for a trial on charges that they took $2.6 million in kickbacks to place youth offenders in privately owned detention centers.

The judges pleaded guilty in February to honest services fraud and tax evasion in a deal with prosecutors that called for a sentence of 87 months in prison, far below federal guidelines. The plea deals were rejected last month by Senior U.S. District Judge Edward M. Kosik.

"Under the law, right now, he is not convicted of any crime," said Ciavarella's attorney, Al Flora. "He is entitled to the constitutional presumption of innocence. I would hope and expect that all people ... respect the constitutional rights to which he's entitled."

Philip Gelso, Conahan's attorney, declined to comment.

The judges withdrew their pleas shortly after Kosik refused to reconsider his July 31 determination the judges had failed to live up to their end of the agreement with prosecutors.

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