U.S. judges admit to jailing children for money
By Jon Hurdle – Feb 12, 2009
PHILADELPHIA (Reuters) – Two judges pleaded guilty on Thursday to accepting more than $2.6 million from a private youth detention centre in Pennsylvania in return for giving hundreds of youths and teenagers long sentences.
Judges Mark Ciavarella and Michael Conahan of the Court of Common Pleas in Luzerne County, Pennsylvania, entered plea agreements in federal court in Scranton admitting that they took payoffs from PA Childcare and a sister company, Western PA Childcare, between 2003 and 2006.
"Your statement that I have disgraced my judgeship is true," Ciavarella wrote in a letter to the court. "My actions have destroyed everything I worked to accomplish and I have only myself to blame."
Conahan, who along with Ciavarella faces up to seven years in prison, did not make any comment on the case.
When someone is sent to a detention centre, the company running the facility receives money from the county government to defray the cost of incarceration. So as more children were sentenced to the detention centre, PA Childcare and Western PA Childcare received more money from the government, prosecutors said.
Teenagers who came before Ciavarella in juvenile court often were sentenced to detention centers for minor offences that would typically have been classified as misdemeanors, according to the Juvenile Law Centre, a Philadelphia nonprofit group.
One 17-year-old boy was sentenced to three months' detention for being in the company of another minor caught shoplifting.
Others were given similar sentences for "simple assault" resulting from a schoolyard scuffle that would normally draw a warning, a spokeswoman for the Juvenile Law Centre said.
The Constitution guarantees the right to legal representation in U.S. courts. But many of the juveniles appeared before Ciavarella without an attorney because they were told by the probation service that their minor offences didn't require one.
Marsha Levick, chief counsel for the Juvenile Law Centre, estimated that of approximately 5,000 juveniles who came before Ciavarella from 2003 and 2006, between 1,000 and 2,000 received excessively harsh detention sentences. She said the centre will sue the judges, PA Childcare and Western PA Childcare for financial compensation for their victims.
"That judges would allow their greed to trump the rights of defendants is just obscene," Levick said.
The judges attempted to hide their income from the scheme by creating false records and routing payments through intermediaries, prosecutors said.
The Pennsylvania Supreme Court removed Ciavarella and Conahan from their duties after federal prosecutors filed charges on January 26. The court has also appointed a judge to review all the cases involved.
They always appoint the most crooked to guard the hen house.
A former juvenile court judge in Pennsylvania could face more than 10 years in prison after being convicted in what prosecutors called a "kids for cash" scheme.
Prosecutors say former Luzerne County Judge Mark Ciavarella used children as pawns, locking them up unjustly in a plot to get rich. Ciavarella is accused of taking nearly $1 million in kickbacks from owners of private detention centers in exchange for placing juvenile defendants at their facilities, often for minor crimes. Ciavarella claims that the payment he received from a developer of the PA Child Care facility was legal and denies that he ever incarcerated kids for money.
"Absolutely never took a dime to send a kid anywhere," said Ciavarella.
Ciavarella, 61, was found guilty of 12 out of 39 charges on Friday, including racketeering, money laundering and conspiracy, in connection with the nearly $1 million payment from Robert Mericle, the developer of the PA Child Care center. He plans to appeal. Ciavarella was acquitted on charges of bribery and extortion in relation to additional payments from the center's builder and owner.
Families complain of Ciavarella's rapid-fire brand of justice and trials that lasted only minutes with even first-time offenders sent to detention centers.
In one reported case, Ciavarella sentenced a child to two years for joyriding in his mom's car. In another, he sentenced a college-bound high school girl to three months in juvenile detention for creating a website that made fun of her assistant principal. Some of the kids he ordered locked up were as young as 10.
"The numbers of children going into placement in Luzerne County tended to be two to three times higher than in other counties," said Marsha Levick, deputy director of the Juvenile Law Center in Philadelphia.
In October 2009, the Pennsylvania Supreme Court dismissed 4,000 juvenile delinquency cases Ciavarella handled from Jan. 1, 2003 to May 31, 2008. The court said that it "cannot have any confidence that Ciavarella decided any Luzerne County juvenile case fairly and impartially while he labored under the specter of his self-interested dealings with the facilities," and called Ciavarella's actions a "travesty of juvenile justice."
Mom Confronts Convicted Judge After Verdict
Though most of the affected youth have already served their time, many parents were outraged by Ciavarella's sentence, including Sandy Fonzo, who could not contain her anger.
Fonzo's son Edward Kenzakoski was sentenced by Ciavarella to juvenile detention in 2003 for possession of drug paraphernalia. Fonzo said her 17-year-old son had no prior record when he landed in Ciavarella's courtroom. She claims Kenzakoski never recovered from the months he served behind bars and years later, at 23, he killed himself.
"Do you remember me? Do you remember me? Do you remember my son? He was an all-star wrestler and he's gone," Fonzo screamed to Ciavarella as he exited the courthouse Friday.
Ciavarella remains free until sentencing. Fonzo said she expected to see Ciavarella carted off in handcuffs as the former judge often did to juveniles he sentenced.
Ciavarella is expected to get a minimum prison sentence of 12 years behind bars, according to prosecutors. To Fonzo, that is not justice.
"You know what he told everybody in court? They need to be held accountable for their actions," she yelled to Ciavarella Friday. "You need to be!!"
The case of alleged corruption first shocked Luzerne County residents in January 2009 when federal prosecutors announced that the respected county judgesCiavarella and Michael Conahan had pleaded guilty to tax evasion and honest services fraud. However, the plea deal and relatively light sentence were later rejected by a federal judge who ruled that Ciavarella had failed to accept responsibility for the crimes.
Wilkes-Barre residents exploded with anger when they heard that men they elected, and trusted to judge their children, had allegedly profited from their incarceration.
Conahan pleaded guilty to one count of racketeering conspiracy on July 23, 2010. He faces up to 20 years, but has not yet been sentenced.