By Jim Melwert

NORRISTOWN, Pa. (CBS) —  Prosecutors are asking a Montgomery County judge to deny disgraced Attorney General Kathleen’s request for house-arrest when she is sentenced later this month.

Prosecutors say Kathleen Kane is not eligible for house arrest because, in Montgomery County, it is only offered to a defendant who would go to county prison, not state prison.

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It also disputes Kane’s claim she is primary caregiver to her children, pointing to a pre-sentencing investigation in which Kane said she has 50/50 custody of her children with her ex-husband.

The motion also said house arrest is only a consideration to someone dealing with a serious medical condition.

Kane’s lawyer said she is a candidate for house arrest as she’s a non-violent offender, with no prior record, a low risk to commit another crime.

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Kane was convicted on two felony perjury counts and seven misdemeanors in August. She will be sentenced on October 24th.

Her maximum sentence is 14-28 years in prison.

Complete Coverage: Kathleen Kane

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