Prosecutors: Jail, not house arrest, for Kane

Montgomery County prosecutors said Friday that former state Attorney General Kathleen G. Kane is not eligible to serve a house-arrest sentence for her convictions on perjury and other crimes, suggesting that she should instead spend time in state prison.

House arrest would be inappropriate for Kane, District Attorney Kevin R. Steele wrote in a court motion Friday, because it is "a rare exception and not a rule."

Kane disagrees. In a motion filed Thursday, her attorney, Marc Steinberg, requested that Montgomery County Court Judge Wendy Demchick-Alloy consider Kane a house-arrest candidate when she is sentenced Oct. 24, saying she is "a nonviolent offender with no prior record and a low risk of recidivism and who is the primary caregiver for two minor children."

Kane, 50, was convicted after a weeklong jury trial in August of perjury, official obstruction, and other charges.

A jury found Kane had orchestrated the illegal leak of secret grand jury materials to embarrass a political foe, and then lied about her actions under oath to cover it up.

Kane, a Democrat and the first woman to serve as Pennsylvania's attorney general, resigned from office following her conviction.

Responding to Kane's request, prosecutors argued that she is not the sole caregiver for her two sons. She admitted in presentencing reports that she splits custody with her husband, from whom she has filed for divorce, they wrote.

House arrest is rare and usually reserved for DUI cases, Steele wrote in his motion Friday, noting that Montgomery County currently has only 60 criminal offenders serving house arrest, 42 of whom are DUI offenders.

It is also given to defendants "who suffer from serious, debilitating medical conditions," Steele wrote. "As far as we are aware, Ms. Kane has no such condition."

In court filings, Steinberg suggested that Kane would receive a county jail sentence for her crimes, therefore making her eligible for house arrest. Steinberg said the director of corrections in Lackawanna County, where Kane lives and previously worked as a prosecutor, is "willing to supervise defendant."

Prosecutors argued that in fact, Kane could face state prison time, and that possibility makes her ineligible for house arrest.

"House arrest would be an inappropriate disposition under the circumstances of this case," Steele said, "where the defendant faces sentencing for multiple jury convictions regarding her abuse of power as well as two counts of felony perjury."

Her maximum possible sentence would be 28 years in prison, but state sentencing guidelines call for a far less severe sentence. The recommended prison time for each perjury conviction is nine months, plus or minus three depending on other circumstances.

Kane was also convicted on seven misdemeanor charges. The final decision on her sentence will be left to Demchick-Alloy, who will also rule on Kane's request for house arrest.

She did not issue an order Friday afternoon.

jlmccrystal@phillynews.com

610-313-8116 @Lmccrystal