UPDATE: Judge Mark A. Ciavarella and Judge Michael T. Conahan
CLEAN SLATES FOR YOUTHS SENTENCED FRAUDULENTLY
By John Schwartz
The New York Times
The Supreme Court of Pennsylvania on Thursday ordered the slate cleaned for hundreds of youths who had been sentenced by a corrupt judge.
The young people had been sent to privately run detention centers from 2003 to 2008 as part of a judicial kickback scheme that shocked Pennsylvania and the nation. The judge in the cases, Mark A. Ciavarella Jr. of Luzerne County, is one of two who pleaded guilty last month to wire fraud and conspiracy for taking more than $2.6 million in kickbacks.
The exact number of records to be expunged was not stated in the court’s order; a special master is investigating the cases.
Judge Ciavarella and the other judge, Michael T. Conahan, admitted that they had agreed to send teenagers to two privately run youth detention centers that paid them for the business. Under their agreements, the judges will serve 87 months in federal prison and will resign from the bench and from the bar.
The judges worked in tandem, beginning in 2002, with Judge Conahan controlling the budget and Judge Ciavarella overseeing the juvenile courts. They shut down a detention center run by the county and began sending the youngsters to newly built detention centers run by PA Child Care and a sister company, Western PA Child Care.
Judge Ciavarella has said he did not sentence juveniles who did not deserve the punishment, but the numbers suggested a different story: he sent one in four of the juvenile defendants to the detention centers from 2002 to 2006, while the rate elsewhere in the state was 1 in 10. He also routinely ignored requests for leniency, even when they were made by prosecutors and probation officers. His record for harsh treatment of juveniles had already made him a focus of complaints by youth advocacy groups.
The court on Thursday authorized the master to vacate judgments and consent decrees and to expunge the records where necessary. The special master had submitted an 11-page report that found “there was routine deprivation of children’s constitutional rights.”
The special master, Senior Judge Arthur E. Grim of Berks County, was appointed last month by the State Supreme Court to investigate whether a “travesty of juvenile justice” had occurred.
He recommended vacating judgments and expunging records in cases from 2003 to 2008 in which the youth was not represented by a lawyer and did not knowingly waive the right to counsel, and which included relatively minor offenses like third-degree misdemeanors.
“Today’s order is not intended to be a quick fix,” Ronald D. Castille, the chief judge of Pennsylvania, said in a statement. “It’s going to take some time, but the Supreme Court is committed to righting whatever wrong was perpetrated on Luzerne’s juveniles and their families.”
The Supreme Court’s order on Thursday should be only the beginning, said Marsha Levick, a lawyer with the Philadelphia-based Juvenile Law Center.
“Our view is that every kid who appeared before Judge Ciavarella was denied an impartial tribunal,” Ms. Levick said.
Michael J. Cefalo, a lawyer representing hundreds of the juveniles, said in an interview that “this is a great step” for his clients. The teenagers, he said, have been “pretty well smashed here” by the system, and so “it’s a reassurance for them that the system works.”
Ruby Cherise Uca, whose son Chad was sent away by Judge Ciavarella for three months in 2005, said that expungement would be welcome, but that her son expresses anger over the length of the judge’s sentence. “He wishes that they added up all the days that he had convicted each of the children wrongfully, and give him that sentence,” she said.
It’s good to see that the State of Pennsylvania decided to do the right thing in regards to these kids, who were convicted and sentenced to long terms in privately run juvenile facilities as part of a kickback scam run by judges Mark Ciavarella and Michael Conahan.
Hmm, maybe I should start saying disgraced judges Mark Ciavarella and Michael Conahan. Yeah, that seems much more appropriate.
Anyway, I digress. All the convictions will be expunged from the children’s records. That great, it really is. But until someone finds a way to give a person back the time he lost sitting in a lockup, there’s really no way to adequately compensate these kids. That’s why a judge who takes payoffs is as evil as the murderer he may be trying, and why I thought these sacks of dog crap were hellworthy.
42 Comments »
I agree, the judges are scum. Clearing the records isn’t enough, there needs to be restitution. I’m sure there’s a lawsuit coming up any minute now.
how’s about they make those two judges pay back all their ill-gotten gains and give it to their victims?
i still don’t get why such things aren’t legally possible.
That was my thought too. The judges certainly don’t deserve it, but the kids sure do. They should sue.
I actually REALLY like the idea of the victim … add up all the undeserved time they meted out and make that their sentence ….. that kid should be in the space program …. after he is released from Juvy :P
But guys, there is one thing you aren’t considering. Certainly SOME of those kids actually did crimes worthy of being locked up, and these two fucktards just guaranteed that they get a “get out of jail free” card. Not all of the kids that passed through these courts just spit bubble gum on the sidewalk.
What lesson do you suppose that the kids, an their friends, will take from this experience? Oh yeah – that blaming the judicial system might get them off.
These two “judges” probably did more damage than any of us will ever know – by stealing liberty from basically innocent kids, by ensuring that some guilty ones go free, and by further twisting the irresponsible “enabler” mentalities of a bunch of teens (like we have seen so strongly on PYSIH in the past week.)
These guys really should be publicly flogged. And then forced to pay for the retrial of every teen they sentenced, and THEN to pay restitution to the innocent ones. Hit the fuckers where it hurts, since money was so fucking important to them – make them sell their fancy houses and cars, give up their golf club memberships, and be the objects of ridicule in their communities.
While I agree that not all deserve to have their record expunged, it sounds like some won’t. 3rd degree offenses sound like a no-brainer.
Unfortunately some who really deserve what they got are going to ride on the coat tails of those who did not deserve such punishments.
The system is never perfect, but at least it’s working again for some more people.
These judge have set a bad precident that will be exploited by slimeball defense attys like our beloved Raphier Pellegrino, it’s up to the juries to not accept such rubbish.
“He wishes that they added up all the days that he had convicted each of the children wrongfully, and give him that sentence,”
AMEN!! And add a year of jail time for every dollar in kick-backs those two scumbag judges received too!
So what if judges get a little kick back for being tough on crime?
Kids should be at school or doing homework not getting arrested.
I hope you don’t have kids…you’re an idiot.
Nissa – Victims? I think that’s kind of a strong term to use here. Nobody is arguing these kids are innocent.
Fred – It does sound like some of the records are not going to be expunged, I just wish the article was a little more specific about who exactly isn’t getting their conviction overturned and why.
That’s a very good question Matt – I’ll see what I can find out. I’ll add what I find, if anything, to the Update I did on the Home page.
It is simply outrageous that these judges are going to jail for only 87 months. This deserves a life sentence, no, ifs ands or buts
Good post! Agree with JMK. 87 months is far too short of a sentence given the damage these two clowns have done.
Judges blow!!
There needs to be long jail terms for this, both for the judges and those who bribed them. The companies involved should be decertified as authorized private detention facility providers. Their assets should be frozen in contemplation of the civil claims against them.
This 2 scum bag judges should have all their money, homes, and any other assets taken from them and given to the victims. Throw their families out in the street and lock this pieces of shit up for good. I hope they die in prison, after a very long love affair with another male inmate.
What do private detention people get for jailing young prisoners, and from whom?
This is a REALLY good question.
Was anything done to the companies who actually provided the bribes or the individuals responsible?
I think its horrific these judges took kickbacks and didn’t give these kids a fair trial…that said, these kids are playing the victim now but they DID DO SOMETHING TO LAND THEMSELVES IN FRONT OF THESE JUDGES so yes, their sentences may have been harsh but that was a risk they took commiting their crime. I think it is wrong, don’t get me wrong, but I watch 20/20 and it seems these kids now take NO ACCOUNTABILITY for their crimes and they will be expunged. Drinking and Driving at age 16, I think 3 or 4 years behind bars is just! Stealing DVD’s? I see nothing wrong with jail time for that. I bet they’ll think before they commit crimes again. The judges were corrupt, but the kids DID commit the crimes, lets not forget that.
Wow, big shock…another idiot. I hope you don’t have kids either.
Please…who didn’t drink and drive at 16? Kids are stupid…hello! That’s why we have different laws for juveniles. 3 to 4 years for a first time DUI? I hope you don’t have kids either. Idiot.
Are you serious? What the kids may or may not have done is irrelavant. They were denied their constitutional right to counsel (Attorney). These judges were making a profit off incarcerating these kids and denying them their rights, which is no better than trafficking in kiddy-porn or using kids in slave labor sweat shops. In my opinion both these judges should spend the rest of the filthy lives in jail and have all their assets seized so that their families are out on the street.
Let me add, when I was 16 I ran away from home for about 3 days, when I came back my mom had the police come and get me. I was charged as a runaway, breaking curfew, blah blah blah…I spent 45 days in Juvie. Let me tell you what 45 days is juvie did for me…..I NEVER EVER WILL COMMIT A CRIME THAT WILL LAND ME IN JAIL…I will not speed excessively for a reckless driving, I will not lie under oath, I will not drink and drive after just ONE beer, I got the wake up call of my LIFE and I’ll tell you my mom and my judge did me a favor showing me that you WILL PAY for breaking the law and not following the laws and rules of society…so these kids although it was corrupt, chances are they were SCARED STRAIGHT and for that I see no foul done.
@Sarah,
It’s a child’s right to run away and it SHOULDN’T be illegal. Why the fuck did you even bother returning anyway?
To Eric,
No a 16 Year old cannot run away from home legally. 18 is the age of adulthood.
On what planet is it a child’s right to run away?
@Sarah: Thank you! You have redeemed my faith that there is actually intellectual life forms on these blogs! I am agreement with you 100%. ALso, these kids did have right to a defense attorney. Who doesn’t ask for representation if they want it! It is easy for all these “victims” and their families to point fingers and look for expungement. 3 months is hardly a harsh sentence. It is more like an eye-opener. Thank you for your comments.
Stop, read what this judge actually did, and you and Sarah consider that the judge is the one who needed to be scared straight.
ha ha! Got those sons of bitches! Too bad it’s Federal prison.
You’re a faggot.
Private Detention Facilities shouldn’t even exist. I always knew there was something fucked up about Pennsylvania… every person I’ve ever met from there has been corrupt in some form, two the fuckball producers at Fox News (all from PA) to the jerks who “stole” my Queens Apartment. All from PA.
Too bad these Judges can’t be hung for their crimes. They are child predators.
My frend got angry and broke a plastic ordement and was locked up for 3 years cus his mom called the police to scare hm and she knew those cops to.
This topic may be starting to get older to people, but since this, they’ve found more corruption on school board districts, principals, and other judges associated with these two.
The companies, who should have also been charged, got away with no issues at all. They also earned money for taking care of the children, while not paying any of it back.
More news: These judges are not liable to be sued for doing these to the children because they were judges, on the Judicial system.
If they aren’t liable to be sued independently then I’m sure the victims will be more than happy to tear the illustrious state of Pennsylvania over 9,000 new orifices for hiring a greaseball wop mugumbo and a fucking leprechaun.
I think it would be a great idea to make these judges wear their robes and put them in the general population.
The people that support harsh sentences for minor infringements, in facilities that can easily cause long-term psychological harm, sound like they would have been more at home in Stalinist Russia or Nazi Germany. And it is completely ridiculous that any child can be charged with a crime for running away. Or that we have curfews for children. Again is this a free country or are we so enamoured with police states that we want to live in one?
Wow Dan, forgetting the fact that your post is incredibly off-topic, you really like to oversimplify things don’t you? Let’s not lock up chronic runaways for their own safety, let the pimps and the other child-exploiters who prey on these kids have another shot at them.
Not everyone uses curfews to make sure their kids are in home by eleven – in fact, that’s probably the least used reason for one. Curfews are usually enforced to control a serious gang or vandalism problem.
There are serious problems with our juvenile justice system, and even without the problems, it’s not nearly perfect, but the solution isn’t trashing the entire system, it’s fixing it. One of the ways we can do that is by cutting out the rotten parts, and these two judges were very rotten indeed.
Now let us see how the HIGH AND MIGHTY judges enjoy their cute little a— in the can. I hope they enjoy their time. They should be sentenced to double the time given to all these kids. Not 10 years. And cleaned or cleansed of all their personal wealth PERIOD.
Update – As the original post states, Judge Ciavarella pleaded guilty two years ago that called for him to serve seven years in prison and accept responsibility for the crimes. However, after pleading guilty, Ciavarella continued to deny that there was a connection between the juvenile sentences he rendered and the kickbacks he received. He admitted that he received the $2.6 million in kickbacks, but claimed that he would have sent those kids to the facility for that amount of time anyway.
Because of this denial, the presiding judge (Judge Edwin Kosik) rejected Ciavarella’s plea deal, finding that Ciaverella thought of the money as a “finder’s fee” instead of an illegal kickback. As such, Ciavarella was tried.
On February 18, 2011, a jury found Mark Ciavarella guilty on 12 counts in direct relation to receiving illegal payments and being a tax cheat. He may be sentenced up to 10 years in jail.
When released on February 18, 2011 (Ciavarella is a free man until sentencing), Ciavarella was extremely smug and remorseless with his interview with reporters. He indicated that he felt the verdict was a partial victory since he was found innocent of the extortion charges. Ciavarella is simply splitting hairs since he was found guilty of racketeering and various other charges.
During the interview, Sandy Fonzo began to scream and curse at Ciavarella regarding her son. Ciavarella sentenced her 17-year old son, Edward Kenzakoski, for 6 months in the detention facility for the minor charge of owning “drug paraphernalia.” He had no prior criminal record. He missed his entire senior of high school and his experience at the detention center made him depressed and angry. He committed suicide a few years later.
Here is the video – http://www.youtube.com/watch?v=QCExlbGTX_M
Civil rights attorneys have since filed suit against the judges and the detention centers on behalf of the victims.
http://www.cnn.com/2011/CRIME/02/21/pennsylvania.judge.lawsuits/index.html?hpt=Sbin
Also a small sidenote – Ciavarella also presided over cases involving attorney Robert Powell, the co-owner of the detention center and the one providing Ciavarella the kickbacks. Not surprisingly, many of the motions, judgments, and trials ended in Powell’s favor. Regardless, there is no dispute that there was a major conflict of interest since Powell had paid Ciavarella over $750,000. Just another fact showing the hellworthiness of Ciavarella.
http://www.youtube.com/watch?v=uf2hBgmN1cE&feature=related
More audio of the mother right after her confrontation with Ciavarella. She describes her son’s time in the detention center and why/how it changed him. Heartbreaking.
PHILADELPHIA (Reuters) – A former Pennsylvania juvenile court judge was sentenced on Thursday to 28 years in prison for accepting payment to send juveniles to a for-profit detention facility in a scandal dubbed “kids for cash,”.
Former Luzerne County Juvenile Court Judge Mark Ciavarella, 61, accepted nearly $1 million from a developer who built the detention facility, prosecutors said.
Under the “kids for cash” scheme, thousands of juveniles were shipped to the private center on minor or questionable charges by Ciavarella and another former judge, Michael Conahan, according to juvenile advocates.
“Mr. Ciavarella abused his position of trust and inflicted a deep and lasting wound on the community he vowed to service,” U.S. Attorney Peter Smith said following the sentencing.
“The scheme involved a corrupt agreement with the operators of the for-profit juvenile facilities,” Smith said. “It was a wholesale arrangement in which the judges concealed their interest and thereby did great damage to the public.”
The U.S. Attorney’s office called the case the “largest and most sustained political corruption inquiry” in the area.
Ciavarella was convicted in February of 12 charges, including racketeering conspiracy and money laundering.
During the trial, Ciavarella testified that the money he received from Robert Mericle, the facility’s developer, amounted to “finder fees” and had no connection to the fact that he was a sentencing judge.
Al Flora, Ciavarella’s attorney, said he would appeal.
Conahan, formerly the president judge of the Luzerne County court, has pleaded guilty to racketeering conspiracy and is awaiting sentencing.
Prosecutors said Conahan closed the publicly owned Luzerne County Juvenile Detention Facility and helped arrange financing for the private facility.
Both former judges obstructed efforts to investigate the county’s use of the private facility and also their financial relationships with Mericle and Robert Powell, the owner of the juvenile center, prosecutors said.
The U.S. Attorney’s office said more than 30 local and state government officials and contractors have been convicted or are awaiting trial in the case.
Thanks Ziggy, I just found out about that myself this morning. I thought both these guys had plea deals in place and everything, but the presiding judge wouldn’t accept them and forced Ciavarella to go to trial. I know the victims and their parents weren’t happy about the short sentences that went along with those plea bargains, so tough luck for poor little Mark. Looks like he’ll die in prison now.
I’m working on an update and should have it up by the end of the day.