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By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
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SCRANTON - Robert Powell, the attorney who admitted paying kickbacks to two former Luzerne County judges in the "kids for cash" scandal, was sentenced today to 1 1/2 years  in prison and ordered to pay a $60,000 fine.

The sentence, imposed by U.S. District Judge Edwin Kosik, was six months higher than Powell and his his, Joseph D'Andrea, had requested, but less than the 27 to 33 months he had initially faced under federal sentencing guidelines.

Powell, 53, formerly of Drums, pleaded guilty in July 2009 to paying former judges Michael Conahan and Mark Ciavarella more than $700,000 in kickbacks and to helping the judges conceal the source of nearly $2 million more that was paid to them by real estate developer Robert Mericle. Federal authorities said Powell was extorted into paying the money by the judges, who threatened to stop sending juveniles to two detention centers Powell co-owned.

Powell was granted the sentence reduction at the request of prosecutors, who credited him with not only assisting in the convictions of Conahan and Ciavarella, but also that of former judge Michael Toole, who admitted to improperly influencing an insurance case and tax evasion, and Brian Dunn, a former Wilkes-Barre area school board member who accepted a bribe.

In the Toole case, Powell told authorities of a $30,000 referral fee he had paid the judge. Toole pleaded guilty to income tax evasion, admitting he did not report the payment on his taxes, in addition to charges related to the insurance case. Prosecutors did not reveal what role Powell paid in the Dunn case.

Powell had hoped that level of cooperation would result in no more than a year in prison, with part of that possibly being served on probation, but Kosik rejected the request.

"I will not go as far as the defendant would like me to go because I am convinced all these defendants somehow knew what each other was doing and that each would benefit," Kosik said.

Powell did not speak in court, opting to provide Kosik a letter instead. In the letter, Powell apologized to his family, former business partners and residents of Luzerne County.

"When I was told by former judge Conahan and former judge Ciavarella they expected me to act as a conduit for them to receive illegal payments from Robert Mericle I knew instantly that was wrong. I had the responsibility to say so and not to assist them in any way, no matter what the consequences might have been from them if I did so," Powell wrote in the letter.

"Similarly, when the former judges made their demands for money I had the responsibility to refuse them," he continued. "I had the ability to stop this travesty and I did not. In retrospect I realize I was both scared and selfish and I will forever regret that decision."

Powell was permitted to remain free pending his report date, which Kosik set for Nov. 30.