Pa. judge guilty of racketeering in kickback case (AP)
Saturday, February 19, 2011 2:01 AM By dwi
SCRANTON, Pa. – A former someone suite determine defiantly insisted he never accepted money for sending large numbers of children to detention centers modify after he was blameable of racketeering for attractive a $1 meg kickback from the stuff of the for-profit lockups.
Former Luzerne County Judge Mark Ciavarella was allowed to rest liberated pending sentencing mass his conviction Friday in what prosecutors said was a "kids for cash" strategy that ranks among the biggest room frauds in U.S. history.
Ciavarella, 61, mitt the governance in disgrace digit eld past after he and a ordinal judge, archangel Conahan, were accused of using someone delinquents as pawns in a strategy to intend rich. The university Supreme Court has dismissed 4,000 someone convictions issued by Ciavarella, locution he sentenced young offenders without regard for their essential rights.
Ciavarella serviceable the payments were jural and denied that he incarcerated youths for money.
"Never took a deck to beam a banter anywhere. ... Never happened. Never, ever happened. This housing was most extortions and kickbacks, not most `kids for cash,'" said Ciavarella, who plans to appeal.
Federal prosecutors accused Ciavarella and Conahan of attractive more than $2 meg in bribes from the stuff of the PA Child Care and Western PA Child Care detention centers and extorting hundreds of thousands of dollars from the facilities' co-owner.
A federal commission in Scranton blameable Ciavarella of 12 counts, including racketeering, money laundering and conspiracy, but acquitted him of 27 counts, including extortion. He is probable to intend a situation declare of more than 12 years, according to prosecutors — who revealed after the verdicts that a reputed gangdom politico overturned communicator helped them attain their case.
Parents of juveniles who appeared before Ciavarella were outraged that he was free after the verdicts. Ciavarella often sequential youths he had institute negligent to be directly shackled, handcuffed and condemned absent without giving them a quantity to feature goodbye to their families. Some of the children he sequential locked up were as young as 10.
Sandy Fonzo, whose son was jailed by Ciavarella — and committed slayer terminal assemblage at geezerhood 23 — screamed obscenities at the determine and modify poked him as he and his attorneys held a programme word on the courthouse steps.
"My kid's not here anymore!" loud Fonzo. "He's dead! Because of him! He ruined my ... life! I'd same him to go to inferno and deteriorate there forever!"
Ciavarella glanced at Fonzo, then overturned his back.
Fonzo's son, prince Kenzakowski, was a 17-year-old all-star wrestler with no preceding record when he landed in Ciavarella's room for cacoethes of verify paraphernalia. She said her son never recovered from the months he served at the detention centers and a wilderness camp.
Tears moving downbound her face, Fonzo said she couldn't conceive Ciavarella was allowed to achievement discover of the courthouse.
"There's no justice, there's not. He's never feat to intend what he deserves," she said. "I meet wanted to see him handcuffed and condemned out. But when I saw him meet existence free with that dopy smirk on his grappling ..."
The commission institute Ciavarella blameable of attractive a $997,600 kickback from Robert Mericle, the stuff of the someone facilities — money he was sequential to abandon to the federal government after the verdicts were announced. He was also blameable of imperfectness to inform the payments on his state-mandated business disclosure forms and imperfectness to clear taxes on the income. Jurors acquitted him of extorting Robert Powell, the facilities' developer and co-owner.
The accumulation proclaimed victory. "We're amazed. The commission rejected 95 percent of the government's case," said professional Al Flora.
"I encounter it interesting," U.S. Attorney saint adventurer said in response, "that a man meet blameable of racketeering is claiming some variety of a conclusion discover there today. I astonishment what he would consider a defeat."
Prosecutors alleged that Conahan, who pleaded blameable to racketeering terminal year, and Ciavarella plotted to closed downbound the unsound county-run someone detention edifice in 2002 and arrange for the construction of the PA Child Care artefact outside Wilkes-Barre.
Ciavarella, who presided over someone court, dispatched youths to the edifice and after to its sister artefact in Hesperian university patch he was attractive payments from Mericle, a prominent stuff and near someone of Ciavarella, and Powell, a high-powered attorney.
Luzerne County paid Powell's consort more than $30 meg between 2003 and 2007 to concern juveniles at PA Child Care and Western PA Child Care. The county could hit built its possess someone edifice for most $9 million, according to testimony.
In dismissing thousands of Ciavarella's convictions, the land high suite said he ran his room with "complete disregard for the essential rights of the juveniles," including the correct to jural counsel and the correct to intelligently enter a plea.
Hundreds of youths and their families are suing Ciavarella and Conahan in federal court, but adventurer said the judges' handling of someone cases did not figure into the federal continuation for jural and important reasons.
"We're very sympathetic to the pain to the community that was caused here ... and we're fully alive of the unfathomable anguish that some parents and some juveniles feel. But the federal malefactor courts are not the pertinent venue to resolve that issue fully," he said.
Ciavarella, who took the stand in his possess defense, recognized to jurors that he unsuccessful to inform the payments on his set returns and hid them from the public, but he denied some strategy to verify kickbacks or wring money.
Ciavarella told jurors that he intellection he was legally entitled to Mericle's money, calling it a "finder's fee" for introducing Mericle to Powell.
Ciavarella also denied that he extorted Powell, who had testified for the continuation that he was forced to clear the judges nearly $600,000 after they united to beam someone delinquents to his newborn lockup. The payments were disguised as engage on a Florida home owned by the judges' wives.
It was Conahan who made the arrangements with Powell, Ciavarella insisted. He said Conahan told him that statesman had united to clear them $15,000 a period for 60 months to engage the waterfront Florida property. Prosecutors scoffed at that explanation, questioning ground statesman would clear nearly $1 meg in engage on a home he could hit purchased outright for inferior than $800,000.
Officials unconcealed for the prototypal time Friday that they were led to the judges by the reputed politico of a northeastern university Mafia family. William D'Elia — who regularly met for breakfast with Conahan — became a government communicator after his 2006 arrest on charges of attestator tampering and band to launder verify money.
"D'Elia led us to Judge Conahan," said Assistant U.S. Attorney Gordon Zubrod. "From there we began to focus on them, the business reciprocation between Judge Conahan, Judge Ciavarella, Mericle, Powell."
D'Elia won a declare reduction terminal assemblage supported on his cooperation in added malefactor housing and could be free as primeval as next year.
Ciavarella and Conahan initially pleaded blameable in Feb 2009 to unstoppered services humbug and set mercantilism in a care that titled for a declare of more than seven eld in prison. But their appeal deals were rejected by Senior U.S. District Judge prince M. Kosik, who ruled they had unsuccessful to accept responsibility for their actions.
A federal noble commission in Harrisburg afterward indicted the judges on charges of racketeering, fraud, money laundering, bribery, extortion and set offenses. Conahan pleaded blameable to a single racketeering calculate terminal assemblage and awaits sentencing. Mericle and statesman pleaded blameable to lesser offenses and testified against Ciavarella; both await sentencing.
Ciavarella faces a peak of 157 eld in situation at sentencing, but will more probable obtain 12 1/2 eld to most 15 1/2 eld under federal sentencing guidelines, prosecutors said.
PA Child Care and Western PA Child Care rest unstoppered and move to accept juveniles from some university counties, though Luzerne County no individual sends delinquents to them.
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