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Unknown Beatle

(2,672 posts)
Wed Jul 31, 2013, 05:06 PM Jul 2013

Judge to serve 28 years after making $2 million for sending black children to jail

Last edited Thu Aug 1, 2013, 01:44 AM - Edit history (2)

Entire Article



Judge Mark A. Ciavarella, 63, serves as an example of why the private prison industry can do more harm than good. Ciavarella worked alongside owners of private juvenile facilities to ensure that the prison remained occupied. The more prisoners equated to more profits for the owners of the prison.

As a result, Ciavarella would sentence offenders with small offenses to months and, at times, years behind bars. He once sentenced a teen to three months in jail for creating a MySpace page that mocked her school’s assistant principal. Ciavarella also sentenced another teen to 90 days in jail after a simple schoolyard fight.

But after a federal investigation, it was discovered that Ciavarella and his colleague, Judge Michael Conahan, received more than $2.6 million from privately run youth centers owned by PA Child Care. In 2011, Ciavarella was convicted of racketeering and sentenced to 28 years in prison. He was also forced to pay $1 million in restitution.

Once Ciavarella was convicted, the Pennsylvania Supreme Court tossed out 4,000 convictions issued by the judge.

Ciavarella appealed to the Third Circuit Court of Appeals in Philadelphia to have his 28-year sentence overturned. On July 25, the court denied his request.

Ciavarella’s attorneys may attempt to appeal the case before the U.S. Supreme Court.

http://rollingout.com/criminal-behavior/judge-must-serve-28-years-after-making-2-million-for-sending-children-to-jail/

Edit: The headline in this article is copied and pasted from the headline in rollingout.com. Nothing has been changed or added. The entire article is as it appears in rollingout.com.

132 replies = new reply since forum marked as read
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Judge to serve 28 years after making $2 million for sending black children to jail (Original Post) Unknown Beatle Jul 2013 OP
What corruption! n/t Catherina Jul 2013 #1
That's just fucking evil. The Velveteen Ocelot Jul 2013 #2
He should have gotten life. nt Fantastic Anarchist Aug 2013 #71
Life..... JimboBillyBubbaBob Aug 2013 #88
Life without, imo. PorridgeGun Aug 2013 #89
He'll be 91 if he lives through the end of his sentence Orrex Aug 2013 #110
i don’t click on sites that I am don’t know but left is right Jul 2013 #3
4,000 convictions by this judge alone were thrown out, JimDandy Jul 2013 #35
If you don't click on sites you don't know how do you ever find out anything? hobbit709 Aug 2013 #72
Rot in prison you racist asshole. Rex Jul 2013 #4
A 28 year sentence for a 63 year-old like seems like JimDandy Jul 2013 #36
Slime,but I see NOTHING in the article that refers to black children. virgogal Jul 2013 #5
If you click on the link, Unknown Beatle Jul 2013 #11
That's the site. But the article? Igel Jul 2013 #25
I have to be honest... TeeYiYi Jul 2013 #57
I just copied and pasted the headline Unknown Beatle Aug 2013 #62
You are not obligated to cut-and-past false racists headlines. AnotherMcIntosh Aug 2013 #104
For profit prisons are evil. The whole friggin' ohheckyeah Jul 2013 #6
Nonsense. They are just smart businessmen. They buy the tools they need to make money. Ikonoklast Aug 2013 #75
Like I said - evil. n/t ohheckyeah Aug 2013 #119
How many lives did his greed ruin? lpbk2713 Jul 2013 #7
sounds like an Law and Order: SUV ep. warrior1 Jul 2013 #8
I actually know which one you're talking about. NuclearDem Jul 2013 #19
This is the judge from 2008 whopis01 Jul 2013 #37
Oh, right. NuclearDem Jul 2013 #38
what was the total years he stole from young peoples lives? PowerToThePeople Jul 2013 #9
In one case, the kid's life spiraled out of control. OnlinePoker Aug 2013 #112
holy fuck PowerToThePeople Aug 2013 #114
Let the civil lawsuit begin. Baitball Blogger Jul 2013 #10
I hope so rurallib Jul 2013 #27
Me either. PorridgeGun Aug 2013 #98
What happened to the youth centers that bribed pscot Jul 2013 #12
They pled guilty to several charges JimDandy Aug 2013 #60
Threw the guys they bribed directly under the first bus offered by the prosecutor. Ikonoklast Aug 2013 #78
Now how many other judges do the same thing but don't get caught? KeepItReal Jul 2013 #13
Yep. Cal Carpenter Aug 2013 #74
There are many more of them malaise Jul 2013 #14
Exactly! No more tokenism convictions. SEND THEM ALL to prison!! ~nt 99th_Monkey Jul 2013 #29
This is local news here. newcriminal Jul 2013 #15
I just copied and pasted the headline Unknown Beatle Jul 2013 #18
It wasn't just black children. Lugnut Jul 2013 #16
Very true. This county does not have a large African-American population JPZenger Aug 2013 #100
I honestly didn't think anything would ever happen to him Nevernose Jul 2013 #17
One of those pleasant suprises arely staircase Jul 2013 #47
What are the total years of all the kids' sentences? Daemonaquila Jul 2013 #20
Even if Treant Aug 2013 #93
He was judge in Luzerne County, which is only 3.4% Black or African American Divernan Jul 2013 #21
What happened to the private prison that was in cahoots with the judge? notadmblnd Jul 2013 #22
he is kind of pretty for a 63 year old olddots Jul 2013 #23
Are you trying to make a prison rape joke? Gravitycollapse Jul 2013 #24
I hope he rots there. City Lights Jul 2013 #26
I hope some of the people he meets DonCoquixote Jul 2013 #28
Everyone involved in this horror needs to go to prison and pay restitution. n/t MerryBlooms Jul 2013 #30
Why use such a misleading title? There is no mention of race in the text of the article... Taitertots Jul 2013 #31
Just click on this link Unknown Beatle Aug 2013 #63
But in doing so you repeat a lie which is extremely disrespectful of the victims. Bluenorthwest Aug 2013 #77
Well shame on you kcr Aug 2013 #97
Why include it? it is misleading Taitertots Aug 2013 #126
I'm assuming he will go to a federal prison. I hope he's incarcerated with rapists and murderers mountain grammy Jul 2013 #32
He's been incarcerated for two years. Lugnut Aug 2013 #111
Thanks. Forgot this was an old story.. mountain grammy Aug 2013 #117
I think this might be more common that we'd suspect. Whores in DC, whores on the bench. valerief Jul 2013 #33
This is the guy that Michael Moore exposed in "Capitalism: A Love Story".... Spitfire of ATJ Jul 2013 #34
he deserves life foe ruining lives for money. evil man Liberal_in_LA Jul 2013 #39
Have fun dying in prison. nt RedCappedBandit Jul 2013 #40
good to know his appeal failed. NT alp227 Jul 2013 #41
You certainly don't have much of this story correct, do you? matthews Jul 2013 #42
Hope this dirtbag dies in prison.....fuckin' asshole. n/t AverageJoe90 Jul 2013 #43
As long as it's slow and painful. jessie04 Jul 2013 #45
i hope he gets the living shit kicked out of him frylock Jul 2013 #44
That should be multiple life sentences. 28 years is a joke. TheKentuckian Jul 2013 #46
63 + 28 = 91 = Pretty much "life." WinkyDink Aug 2013 #92
Pretty much doesn't cut it. There should be a big fat 0% chance of release TheKentuckian Aug 2013 #125
True; he must not get out. This was my state, my local news coverage. This was so evil, WinkyDink Aug 2013 #127
I'll bet he'll be out within 5 years adieu Jul 2013 #48
18 1/2 years plunati43 Aug 2013 #121
I guess you didn't read the body of my post adieu Aug 2013 #122
Ha Ha! Major Nikon Jul 2013 #49
Yes, yes, yes, yes, yes, yes, YES!!!!! About goddamned time! nt MADem Jul 2013 #50
I remember reading about this fuck here couple of years ago DainBramaged Jul 2013 #51
What about the corporate @$$holes who bribed him? Jack Rabbit Jul 2013 #52
Excellent question. /nt Marr Aug 2013 #108
His name is Robert Mericle. Lugnut Aug 2013 #128
Thank you Jack Rabbit Aug 2013 #130
He pled guilty over 4 years ago! ConcernedCanuk Jul 2013 #53
Judge Kosik rejected Ciavarella's 2009 plea agreement, JimDandy Aug 2013 #61
Hallelujah! I hope he hates every minute of it for ruining those kids' lives! freshwest Jul 2013 #54
Mother confronts him after her son, victimized by Ciavarella, commits suicide KansDem Jul 2013 #55
He deserves to die in prison just for this case alone. Sheldon Cooper Jul 2013 #58
The headline of this article denies this young man was wronged at all. Bluenorthwest Aug 2013 #79
No it doesn't. Are you mentally compromised? Schema Thing Aug 2013 #94
It says the sentence was for sending black kids to jail. Not kids. It is exclusionary and Bluenorthwest Aug 2013 #95
Where are the convictions for the bribers and the private prison corporation? The Second Stone Jul 2013 #56
They have to build themselves luxury suites in their own prisons before they can serve time. tclambert Aug 2013 #69
Perp WALK!!... Perp WALK! bvar22 Jul 2013 #59
And the private prison execs burrowowl Aug 2013 #64
Another race baiting thread Boudica the Lyoness Aug 2013 #65
Hit Alert Then HangOnKids Aug 2013 #66
This judge's victims were far from all black. Lots of white kids, perhaps mostly white kids. Bluenorthwest Aug 2013 #82
x2 AnotherMcIntosh Aug 2013 #102
it appears PA Child Care is still in business Douglas Carpenter Aug 2013 #67
I'm shocked that we still have threads of justice remaining intact......nt Enthusiast Aug 2013 #68
He should have gotten life in prison. Fantastic Anarchist Aug 2013 #70
This headline is an insult to all of his victims of all races. Thousands of victims. White, black Bluenorthwest Aug 2013 #73
Exactly. AnotherMcIntosh Aug 2013 #103
Oh I would ADORE hearing the Oral Arguments before the SCOTUS on this one... Volaris Aug 2013 #76
Are you kidding? At least half of them would be furiously masturbating under their robes. Ikonoklast Aug 2013 #81
privatization = corruption spanone Aug 2013 #80
Good it's about time. This guy is lower than an earthworm's belly. (n/t) MadrasT Aug 2013 #83
rot in hell n/t warrprayer Aug 2013 #84
This is not the first judge who has been caught making money from sending people to jail. sabrina 1 Aug 2013 #85
Privatize, Privatize, Privitize. This is what you get. Fla Dem Aug 2013 #86
His name is now prisoner 15008-067 in Federal Prison in Pekin Illinois SummerSnow Aug 2013 #87
Long may he rot Tom Ripley Aug 2013 #90
the heaven05 Aug 2013 #91
Sooo happy to hear his appeal was denied!! Inside prison-->they have their own justice system!! hue Aug 2013 #96
A crooked Judge? retired rooster Aug 2013 #99
What an evil man. He deserves to be locked up forever. MotherPetrie Aug 2013 #101
An important story, kiva Aug 2013 #105
Disgusting rl6214 Aug 2013 #106
Example #493003 of why for-profit prisons are a bad idea, and private industry Marr Aug 2013 #107
Corruption also happens in these courts with foster care and adoption ... mntleo2 Aug 2013 #109
DSHS/DCFS/CSO/DLR corruption tillwill2004 Feb 2015 #131
OH yeah I know so deeply of your pain! mntleo2 Feb 2015 #132
To be clear: he put all sorts of kids away including a lot of white kids. marble falls Aug 2013 #113
Sweet Mr Dixon Aug 2013 #115
SMH Mr Dixon Aug 2013 #116
Its not going to be one of those foo-foo prisons is it? benld74 Aug 2013 #118
Whatever he gets, it's not enough. Bake Aug 2013 #120
I just wish there was a hell so that fucking prick would burn in it. Zoeisright Aug 2013 #123
He should be paying all $2.6 mil in restitution Ilsa Aug 2013 #124
Since I worked in … 1StrongBlackMan Aug 2013 #129

The Velveteen Ocelot

(115,711 posts)
2. That's just fucking evil.
Wed Jul 31, 2013, 05:11 PM
Jul 2013

He deserves that sentence, every minute of it. He'll probably do his time in a minimum-security prison, but I'd rather see him breaking rocks or making license plates. Asshole.

 

PorridgeGun

(80 posts)
89. Life without, imo.
Thu Aug 1, 2013, 10:20 AM
Aug 2013

Considering the malevolence of his actions and the sort of sentences handed down for far less by federal courts, he should never see the other side of the prison wall again.

Reading the story brought to mind the Lorenzo Carcaterra book Sleepers. I wonder if any of those now grown kids he sent down to pad his pockets will still be willing to look him up if he is released? You know, just to say hello.

Orrex

(63,213 posts)
110. He'll be 91 if he lives through the end of his sentence
Thu Aug 1, 2013, 12:56 PM
Aug 2013

It's curious that he paid just $1M in restitution after scoring $2M for his criminal scheme.

left is right

(1,665 posts)
3. i don’t click on sites that I am don’t know but
Wed Jul 31, 2013, 05:12 PM
Jul 2013

is there any movement towards expunging these kids’ records now that the judge has been found guilty? I know that it is too much to hope that the for-profit prisons be shut down.

JimDandy

(7,318 posts)
35. 4,000 convictions by this judge alone were thrown out,
Wed Jul 31, 2013, 07:30 PM
Jul 2013

Last edited Thu Aug 1, 2013, 01:00 AM - Edit history (1)

according to the article. I haven't heard about the disposition of the cases from the other judge who was involved. I hope "thrown out" means expunged.

ETA: "In 2009, the Pennsylvania Supreme Court vacated the adjudications of all youth who appeared before Ciavarella between 2003-2008, dismissed their cases with prejudice and ordered all of their records expunged."

The Juvenile Law Center and others filed "a federal class action lawsuit on behalf of the children and parents who suffered emotional trauma and financial loss as a consequence of the corruption scheme. The suit seeks monetary damages from the former judges, private facilities, the former co-owner of the facilities and the developer."

http://www.jlc.org/current-initiatives/promoting-fairness-courts/luzerne-kids-cash-scandal

JimDandy

(7,318 posts)
36. A 28 year sentence for a 63 year-old like seems like
Wed Jul 31, 2013, 07:32 PM
Jul 2013

Last edited Thu Aug 1, 2013, 12:48 AM - Edit history (1)

a well-deserved life sentence to me.

Igel

(35,317 posts)
25. That's the site. But the article?
Wed Jul 31, 2013, 06:36 PM
Jul 2013

I can't find anything about a racial breakdown of the kids this judge sentenced.

I can find that Wilkes-Barre's about 11% black, but the county as a whole is <4% black.

If there's a racial disparity, it would really stick out--and be news. But it's not.

I'm sure that there were at least two black kids that the judge sentenced so the title isn't false. Just misleading. We assume that 'black" is somehow relevant to the news story and not just to pretty much the only thing important to the site.

If somebody asks to borrow $10 for food and you say, 'Sorry, I have a dollar" the assumption that shows good will is that you only have a dollar. If you have $1 and that's it, no confusion. But if you have $20 then you'll be taken to be lying. Strictly speaking you're not--but you're showing ill will. It's a kind of discrete duplicity. it uses the usual rules of conversation to mislead, instead of misleading with out-and-out falsehoods.

TeeYiYi

(8,028 posts)
57. I have to be honest...
Wed Jul 31, 2013, 09:08 PM
Jul 2013

I tried to find a mainstream source that supported the "black kid" angle but was unable to.

I fully intended to help you by supplying your detractors with a link to a mainstream source with the official racial breakdown. I couldn't find one.

Unknown Beatle,... do you know if there is any official reference to the racial breakdown of the child victims?

By pointing to the "black culture" of Rolling Out, are you suggesting that they would have a black bias in a situation where there was no racial disparity?...

TYY

Unknown Beatle

(2,672 posts)
62. I just copied and pasted the headline
Thu Aug 1, 2013, 01:28 AM
Aug 2013

from rollingout.com. Nothing more, nothing less.

No, I'm not saying they have a racial bias, but it is a black culture site.

As a matter of fact, I copied and pasted the entire article. I don't see how anyone can accuse me of anything if they just clicked on the link and found that the whole thing was c&p.

Ikonoklast

(23,973 posts)
75. Nonsense. They are just smart businessmen. They buy the tools they need to make money.
Thu Aug 1, 2013, 09:57 AM
Aug 2013

In this case, a couple of judges and the courts were the tools.

Corporate Feudalism that purchases the legal system in order to make money, human lives be damned.

Not evil. Just supremely indifferent to human beings. Profits over all.

Libertarian Paradise.

 

NuclearDem

(16,184 posts)
19. I actually know which one you're talking about.
Wed Jul 31, 2013, 05:58 PM
Jul 2013

Unfortunately, that episode was based on another judge who pulled this same shit back in 2008.

whopis01

(3,514 posts)
37. This is the judge from 2008
Wed Jul 31, 2013, 07:42 PM
Jul 2013

He plead guilty as part of a plea deal in 2009 but the deal was voided and he was convicted in 2011.

There was another judge at the time, Michael Conahan, who was doing the same thing in conjunction with this guy.

 

PowerToThePeople

(9,610 posts)
114. holy fuck
Thu Aug 1, 2013, 01:02 PM
Aug 2013
There's no justice for the lives destroyed as a result of this asshole.


This is true. There is nothing that could be done to this ex-judge that would allow justice to exist.

rurallib

(62,416 posts)
27. I hope so
Wed Jul 31, 2013, 06:43 PM
Jul 2013

dying in prison in poverty is what he deserves.
And oddly, I do not feel sorry for his family. He inflicted the damage on them.

 

PorridgeGun

(80 posts)
98. Me either.
Thu Aug 1, 2013, 11:48 AM
Aug 2013

Its my suspicion, tho I have no evidence, that at best they were merely silently complicit, and at worst knew exactly what was going on and that they were benefiting directly, in many ways, from daddys shenanigans.

If the latter could be proven to the standards of evidence in civil court, my judgement would direct that they each be allotted one savings account with basic living expenses paid in yearly. The rest, everything, including homes and cars, gets auctioned off and the profits used to set up a charity fund for the victims of this evil little scrounger.

To remedy their lack of employability there would also be a great deal of community service work in their future, 'tho I guess there are good reasons for preventing civil courts from handing out those sorts of punishments.

pscot

(21,024 posts)
12. What happened to the youth centers that bribed
Wed Jul 31, 2013, 05:39 PM
Jul 2013

these judges to the tune of $2.3mil? Are the operators in jail also?

Ikonoklast

(23,973 posts)
78. Threw the guys they bribed directly under the first bus offered by the prosecutor.
Thu Aug 1, 2013, 10:01 AM
Aug 2013

No way were one of those scumbag prison owners going to have to stay in one of their own prisons.

Cal Carpenter

(4,959 posts)
74. Yep.
Thu Aug 1, 2013, 09:57 AM
Aug 2013

This particular case was so brazen the judge got busted. But our so-called justice system has never been fair, with race and class being the main factor.

The exceptional thing here is that the judge got busted. That's it. People who are shocked by this sort of thing are not paying attention.

The school to prison pipeline, the new Jim Crow.

Unknown Beatle

(2,672 posts)
18. I just copied and pasted the headline
Wed Jul 31, 2013, 05:53 PM
Jul 2013

from rollingout.com and didn't realize until now that what you wrote was the case. In any event, he's still an asshole.

Lugnut

(9,791 posts)
16. It wasn't just black children.
Wed Jul 31, 2013, 05:51 PM
Jul 2013

He did this to all the juveniles who came before his court. All the records were overturned including some that were legitimate. This is an old story here in the county where it happened.

JPZenger

(6,819 posts)
100. Very true. This county does not have a large African-American population
Thu Aug 1, 2013, 12:08 PM
Aug 2013

Most of the victims were unsophisticated white people who did not think they needed a lawyer. In fact, most were specifically told by court officials that they did not need an attorney.

All of the victims I have seen featured have been white.

Nevernose

(13,081 posts)
17. I honestly didn't think anything would ever happen to him
Wed Jul 31, 2013, 05:53 PM
Jul 2013

I've been reading about PA's children in the juvenile justice system for years, and I honestly don't think anyone cared enough to do anything about it.

 

Daemonaquila

(1,712 posts)
20. What are the total years of all the kids' sentences?
Wed Jul 31, 2013, 06:02 PM
Jul 2013

I don't think he should get away with any less than that. I suspect the cumulative total is over 28 years.

Treant

(1,968 posts)
93. Even if
Thu Aug 1, 2013, 10:49 AM
Aug 2013

the average sentence given was only 1 month, vacating 4,000 sentences means there are questions on all of them and I'm disinclined to give him much of a benefit of the doubt.

Let's just say that 2,000 of those were completely undeserved sentences for argument's sake. 2,000 months is 166.7 years.

A 165 year sentence sounds fair to me!

Divernan

(15,480 posts)
21. He was judge in Luzerne County, which is only 3.4% Black or African American
Wed Jul 31, 2013, 06:16 PM
Jul 2013

As of the 2010 census, the county was 90.7% White, 3.4% Black or African American, 0.2% Native American, 1.0% Asian, 3.3% were of some other race, and 1.5% were two or more races. 6.7% of the population was of Hispanic or Latino ancestry. Population was 321,000. (Wikipedia)

The PA. Supreme Court overturned more than 4,000 convictions of children. I have not been able to find any report on the racial makeup of the kids. Specific examples I came across were all white kids.

 

Taitertots

(7,745 posts)
31. Why use such a misleading title? There is no mention of race in the text of the article...
Wed Jul 31, 2013, 06:54 PM
Jul 2013

Or any of the first few Google results.

 

Bluenorthwest

(45,319 posts)
77. But in doing so you repeat a lie which is extremely disrespectful of the victims.
Thu Aug 1, 2013, 09:58 AM
Aug 2013

To exploit these kids to try to make some bait to cast is disgusting on the part of your source and yourself. This is my opinion because of the facts. Facts that are easy to find.

kcr

(15,317 posts)
97. Well shame on you
Thu Aug 1, 2013, 11:37 AM
Aug 2013

Because now a few are just going to pitch a stinking holy fit about it. It's an outrage.

I think a clue that it was actually white kids is the fact that this judge is getting 28 years. That should be assuaging their sense of outrage a bit, you'd think.

 

Taitertots

(7,745 posts)
126. Why include it? it is misleading
Thu Aug 1, 2013, 07:07 PM
Aug 2013

I understand that is the title, because I read the article before I made my original post.

I don't understand why you made it the title of your post when it is misleading. Your title is misleading and it seems that your reason is that other people were being misleading first.

mountain grammy

(26,622 posts)
32. I'm assuming he will go to a federal prison. I hope he's incarcerated with rapists and murderers
Wed Jul 31, 2013, 06:56 PM
Jul 2013

in the worst private prison in America, where ever that is.

 

Spitfire of ATJ

(32,723 posts)
34. This is the guy that Michael Moore exposed in "Capitalism: A Love Story"....
Wed Jul 31, 2013, 07:18 PM
Jul 2013

The piece of shit probably thinks he's got a shot at getting his conviction reversed by a right-wing Supreme Court because of the hate on the Right for Michael Moore. Maybe even thinking he can make it so what he did was perfectly legal in the name of the Sacred American Tradition of making a buck.

 

matthews

(497 posts)
42. You certainly don't have much of this story correct, do you?
Wed Jul 31, 2013, 07:55 PM
Jul 2013

There were two (2) judges and total take was about 2.6 million, they were sentenced in 2011 and Ciavarella appealed, and if you look at the picture of one of the victims of these guys, you'll plainly see that she is not black. They were removed from the bench in 2009.



**
updated 2/11/2009 8:56:36 PM ET

Prosecutors say Luzerne County Judges Mark Ciavarella and Michael Conahan took $2.6 million in payoffs to put juvenile offenders in lockups run by PA Child Care LLC and a sister company, Western PA Child Care LLC. The judges were charged on Jan. 26 and removed from the bench by the Pennsylvania Supreme Court shortly afterward.





http://www.nbcnews.com/id/29142654/ns/us_news-crime_and_courts/t/pa-judges-accused-jailing-kids-cash/#.Ufmf143VDpU
******************************************************
THE OTHER JUDGE was sentenced to 17-1/2 years in 2011.


Ex-Luzerne County judge sentenced to 17 1/2 years in jail
September 24, 2011

In entering a guilty plea last year, Conahan admitted he and the county's juvenile court judge, Mark A. Ciavarella Jr., were paid $2.8 million by Powell and the builder of the center, Robert K. Mericle, who was a close friend of Ciavarella.

Conahan's apologetic court appearance Friday stood in striking contrast to that of Ciavarella, who roundly criticized prosecutors and a key prosecution witness at his sentencing last month and continued to deny a "kids-for-cash" conspiracy. Ciavarella, who was sentenced to 28 years on 12 counts by Kosik, is pursuing an appeal.


http://republicanherald.com/news/ex-luzerne-county-judge-sentenced-to-17-1-2-years-in-jail-1.1208448

TheKentuckian

(25,026 posts)
125. Pretty much doesn't cut it. There should be a big fat 0% chance of release
Thu Aug 1, 2013, 05:58 PM
Aug 2013

Rather than a slight chance. People live to 91 all the time and with good behavior you can discount that a third or more.

That is why I said MULTIPLE life sentences. I think misconduct of this sort should be dealt with more harshly than murder one. If I believed in the death penalty then I'd call for that.

 

WinkyDink

(51,311 posts)
127. True; he must not get out. This was my state, my local news coverage. This was so evil,
Thu Aug 1, 2013, 09:33 PM
Aug 2013

destroying YOUNG PEOPLE for money. For a better car or a nicer vacation.

 

adieu

(1,009 posts)
48. I'll bet he'll be out within 5 years
Wed Jul 31, 2013, 08:02 PM
Jul 2013

There's a shiv with his name on it and it will be used before the 5th year. He'll be brought out of prison, feet first.

 

plunati43

(13 posts)
121. 18 1/2 years
Thu Aug 1, 2013, 03:27 PM
Aug 2013

This was a Federal case. 28 years sentence on a Federal case means 2/3 minimum = 18 1/2 years before parole.

Jack Rabbit

(45,984 posts)
52. What about the corporate @$$holes who bribed him?
Wed Jul 31, 2013, 08:16 PM
Jul 2013

After all, the judge got $2 million from some scumbag or another to send PA Child Care some business. There is no mention of them in the article.

Excuse me for sounding cynical, but am I justified in not assuming that they are going to prison, too?

Lugnut

(9,791 posts)
128. His name is Robert Mericle.
Fri Aug 2, 2013, 01:07 AM
Aug 2013

He plead guilty for being an accessory to tax conspiracy. He cooperated with prosecutors and pretty much spilled the beans on a lot of the corruption that was taking place in Luzerne County. He was incarcerated in a Federal prison camp and was released from a halfway house in April. He has not yet been sentenced for the failure to report a felony because he's a witness in the trial of Ray Musto, a retired Federal representative. That trial has been delayed because of Musto's poor health. Musto might never get to trial because he's in his mid-80s.

Jack Rabbit

(45,984 posts)
130. Thank you
Fri Aug 2, 2013, 03:34 PM
Aug 2013

He's getting a break for spilling, but that's OK. The prosecutors have to get their information from somebody.

 

ConcernedCanuk

(13,509 posts)
53. He pled guilty over 4 years ago!
Wed Jul 31, 2013, 08:34 PM
Jul 2013

.
.
.

http://en.wikipedia.org/wiki/Mark_Ciavarella

Ciavarella pleaded guilty on February 13, 2009, pursuant to a plea agreement, to federal charges of honest services fraud, wire fraud and tax evasion in connection with receiving $2.6 million in kickbacks from Robert Powell and Robert Mericle, the co-owner and builder respectively, of two private, for-profit juvenile facilities.

In exchange for these kickbacks, Ciavarella sentenced children to extended stays in juvenile detention for offenses as minimal as mocking a principal on Myspace, trespassing in a vacant building, and shoplifting DVDs from Wal-mart.[6] More specifically, the crimes charged were: conspiracy to deprive the public of the "intangible right of honest services", or corruption, and conspiracy to defraud the United States by failing to report income to the Internal Revenue Service.[7] Ciavarella tendered his resignation to Governor Ed Rendell on January 23, 2009, prior to official publication of the charges

Hell of a lot more at the link:

Guy is a slimeball.

CC

JimDandy

(7,318 posts)
61. Judge Kosik rejected Ciavarella's 2009 plea agreement,
Thu Aug 1, 2013, 01:20 AM
Aug 2013

because he felt the defendant was not remorseful or apologetic enough. Ciavarella was subsequently tried for many more charges than he originally pled to and was sentenced to 28 years in prison for 12 of those charges.

KansDem

(28,498 posts)
55. Mother confronts him after her son, victimized by Ciavarella, commits suicide
Wed Jul 31, 2013, 08:50 PM
Jul 2013


Her son, 17, was put in detention by Ciaavarella for possessing drug paraphernalia. He committed suicide when he was released.



The former judge should have gotten life without parole...
 

Bluenorthwest

(45,319 posts)
95. It says the sentence was for sending black kids to jail. Not kids. It is exclusionary and
Thu Aug 1, 2013, 11:07 AM
Aug 2013

intentionally so.
Nice of you to get personal about it. I happen to know some folks who are related to the boy who killed himself. So it's personal for me too. But I'm not going to insult those who don't agree with me.

 

The Second Stone

(2,900 posts)
56. Where are the convictions for the bribers and the private prison corporation?
Wed Jul 31, 2013, 08:52 PM
Jul 2013

This is incomplete without everyone involved going to prison and the corporations being shut down and their assets forfeited.

tclambert

(11,086 posts)
69. They have to build themselves luxury suites in their own prisons before they can serve time.
Thu Aug 1, 2013, 07:57 AM
Aug 2013

"Hey, guard! I own this prison. I pay your salary. Get me some chardonnay."

 

Bluenorthwest

(45,319 posts)
82. This judge's victims were far from all black. Lots of white kids, perhaps mostly white kids.
Thu Aug 1, 2013, 10:06 AM
Aug 2013

So yeah, this headline is incorrect, inaccurate, disrespectful of the victims and of the truth. And to what end? What would be the reason to do that?
It is wrong. There is no nugget of righteousness in such reporting.

Douglas Carpenter

(20,226 posts)
67. it appears PA Child Care is still in business
Thu Aug 1, 2013, 04:25 AM
Aug 2013
http://www.midatlanticyouth.com/facilities/luzerne.shtml

I tell you - reading their program - it sounds like something straight of the Onion


PA Child Care

PA Child Care (formerly Luzerne County Juvenile Center) offers secure programs for males and females. This state-of-the-art facility is located in Pittston Township, Luzerne County and is easily accessible from Route 81.

Available Programs

Sex Offender/Fire Setter Secure Residential Treatment More Info
Male/Female Secure Residential Treatment More Info

Facility Capacity

12 Sex Offender/Fire Setter Secure Residential Treatment Beds
12 Female Secure Residential Treatment Beds
36 Male Secure Residential Treatment Beds

Available Services

Health/Medical More Info
Educational More Info
Psychiatric/Therapy More Info
Recreational/Social More Info

Referrals
Juvenile courts can make referrals to Mid-Atlantic Youth Services. If an adolescent in your care is in need of help, please contact Corey Shumaker at 814-221-5684 or via email at

Fantastic Anarchist

(7,309 posts)
70. He should have gotten life in prison.
Thu Aug 1, 2013, 09:28 AM
Aug 2013

Anyone know the statute for sentences of crimes like this? In my opinion, this sentence is not harsh enough.

 

Bluenorthwest

(45,319 posts)
73. This headline is an insult to all of his victims of all races. Thousands of victims. White, black
Thu Aug 1, 2013, 09:49 AM
Aug 2013

boys and girls, brown, beige, etc. The county in which this occurred is 90% white.

http://www.sfgate.com/news/article/Sandy-Fonzo-becomes-symbol-of-Ciavarella-s-victims-2474736.php

http://www.nbcnews.com/id/29142654/ns/us_news-crime_and_courts/t/pa-judges-accused-jailing-kids-cash/#.Ufpl_m1v3To


This article is racist, the headline is hateful as well as absolutely inaccurate and pretty disgusting to do over dead bodies and thousands of child victims. To exploit this is disgusting.
To the OP, do you claim the Judge only victimized black children?

Ikonoklast

(23,973 posts)
81. Are you kidding? At least half of them would be furiously masturbating under their robes.
Thu Aug 1, 2013, 10:05 AM
Aug 2013

The Triumph Of The Corporation!

sabrina 1

(62,325 posts)
85. This is not the first judge who has been caught making money from sending people to jail.
Thu Aug 1, 2013, 10:11 AM
Aug 2013

It is evil beyond words. I remember seeing interviews with the mother of a girl who had been a victim of that judge, it was heart-breaking. To so abuse a position of power like this is beyond words.

End privatization of prisons, only a moron would not see the potential for abuse in such a system.

Fla Dem

(23,676 posts)
86. Privatize, Privatize, Privitize. This is what you get.
Thu Aug 1, 2013, 10:11 AM
Aug 2013

If Pa had been running these juvenile facilities, they would have been doing all they could to keep kid out of them, because it cost the tax payers money. The whole point of privatizing was to save the states money and perform more efficiently. Instead, our jails and prisons are overflowing, our courts are backlogged and the states are spending more money than if they ran the prisons themselves. And as demonstrated here, when there is a monetary incentive, it breeds corruption.

 

heaven05

(18,124 posts)
91. the
Thu Aug 1, 2013, 10:25 AM
Aug 2013

hell those kids have had to go through because of this guardian of law and justice. The beatings and degradation. Damn!!!!! He's everything that is wrong with this country and more. May he find 'justice'. Oh fuck, I forgot. He'll probably on appeal to SCOTUS get a slap on the wrist fine and have to spend 90 days in a country club detention center.

retired rooster

(114 posts)
99. A crooked Judge?
Thu Aug 1, 2013, 12:06 PM
Aug 2013

Who would have thunk it possible? Well me for one, I've have been researching crooked Judges for years and most people would be shocked to realize how many there are.

kiva

(4,373 posts)
105. An important story,
Thu Aug 1, 2013, 12:20 PM
Aug 2013

too bad there aren't any accurate sources that don't choose to use inflammatory, lying headlines...oh wait:

Mark Ciavarella Jr., Judge, Gets 28 Years In 'Kids For Cash' Case http://www.huffingtonpost.com/2011/08/11/mark-ciavarella-jr_n_924324.html

Sentence upheld for former judge Ciavarella http://thetimes-tribune.com/news/sentence-upheld-for-former-judge-ciavarella-1.1495445

Ex-judge Mark A. Ciavarella Jr. guilty in 'cash for kids' case http://articles.philly.com/2011-02-19/news/28611757_1_worst-judicial-scandals-juvenile-law-center-ciavarella

You know, it's not just right-wing new sites that are poor choices to cite.

 

Marr

(20,317 posts)
107. Example #493003 of why for-profit prisons are a bad idea, and private industry
Thu Aug 1, 2013, 12:35 PM
Aug 2013

is not always preferable to government.

mntleo2

(2,535 posts)
109. Corruption also happens in these courts with foster care and adoption ...
Thu Aug 1, 2013, 12:54 PM
Aug 2013

...There is a heueueuge industry profiting off the same court system as this judge involving $Billions per state in contracted private corporations and state agencies under DSHS CPS. While a lot of is is "legal" a great deal of illegal activities are simply ignored and become "legal precedence" meaning that the court routinely ignores Constitutional rights and breaks the law and this is supposedly OK.

These agencies get their funding based on Title IV that uses Social Security money for the sole purpose of taking kids from their families. Their mandates in essence say, "The more kids you take, the money you will make. If you return these children home, you will LOSE all present and future funding..."

Each state receives approximately, depending on the state, $1.2 BILLION dollars of this Title IV money. They also go in and take an additional 1/3 of any money allocated for low income assistance in food stamps, medical, housing and cash assistance. I am saying that rather than assist a low income family, they get more money and even TAKE money literally "out of the mouths of babes" in order to take their kids and get 1000% more in funding for doing so. As a matter of fact within the training of my own (WA) state's DSHS, TANF (welfare) case managers are encouraged to report to CPS for anyone applying for assistance.

On the average an agency gets about $8000 per "legally kidnapped" child per month while it would cost less than $1200 of your tax dollars to actually support the family instead. On the ground what this means and transpires into is to target low income families' children using unconstitutional but now state-made unchallenged legal "reasons". They often use "reasons" as vague as mere "concern" without having to prove any proof of abuse at all. Additionally the laws now give case mangers bonuses for each child they successfully take ~ plus the raking in of funding by mega-nonprofits, and all their contracted agencies. All of these people are given complete total immunity for any consequences even after proving in court they have lied. Therefore it is profitable for everyone to take low income family's children. Your tax-paid personnel within DSHS and CPS will pay $thousands for everybody else BUT give any support for the birth family to care for these kids by simply accusing them of some kind of "child abuse". An average adoption brings in an additional $50,000-$100,000 per child.

I used to believe that the kids were truly abused when taken by CPS, but in fact even the Department of Social and Health Services admits that over 85% of these children are not abused. They also know that when they place these children in foster care and adoptions, these children have a 5-7X and greater chance of being physically and sexually abused than if they had simply given support to the families and left the kids in their home.

Rather than support these families, they take kids for many bad reasons. I have personally seen kids removed because the family cannot afford the water or electric bill (MI's private water companies actually pours cement down the pipes of a family with a delinquent bill). I have witnessed taking kids because their family cannot afford the heat bill, they have no telephone. They take kids because a parent could not take the child to a medical follow-up (often because the appointment can only be made at times that the parent is working and if the parent does not work they don't get paid, etc). I have witnessed kids taken because the kid wore the same clothes two times in a row to school, and because the the mother was a new mother and so "did not have the experience to parent" (who was adopted and reported abuse as a child but was never heard or was it addressed ~ until it became convenient to take her baby).

I have witnessed kids taken who have not been abused themselves but because the parent had been sexually or physically abused as children and so even though there is no evidence of their children being abused, because these parents had been abused, they might in the future sexually abuse their own kids. Many of these targeted parents were foster and adopted kids themselves who were abused in state-sanctioned homes. If the parent becomes ill and cannot work for a wage, rather than help the family , DSHS accuses the parent of "maltreatment and neglect" and takes their kids.

I have actually seen a low income housing building completely emptied of children taken one-by one, which the non-profit who owns this building "coincidently" also houses adoption and foster care agencies as well as DV lawyers who like to blame the victim rather than actually support them (cough, cough while saying Seattle YWCA). I have also learned this emptying of buildings of all the children regularly occurs in transitional and low income housing in PN, GA, MI, WA, CA. The only reason I do not mention any other states is those are the ones that I have had meetings with lawyers, clients, and other personnel from these states who have witnesses to these occurrences. NOBODY wants to address this. Rather than support a family, juvenile courts and all their minions get much more funding while mega-nonprofits and private corporations will prosper for simply destroying the family and taking their children.

The going philosophy is that if the children are taken from low income homes and placed in upper income homes, then everything is "fixed". Who cares what happens after that just as long as there is a new car in the driveway and the homeowner is at least middle class? Who cares about the terrible, deep, damage and detachment they impose on these children who will be affected for the rest of their lives or for the possible abuse they may face ~ just as long as everybody BUT their birth families profit? Did you know that a foster home has more legal rights if accused of child abuse than a grandparent who has never abused their grandchildren?

In my state (WA)for instance, just last month a low income couple who the State admitted had never abused their children, lost their 4 children and their parental rights terminated because supposedly they were "slow learners". The last child was taken directly from the hospital after birth (a great piece of "merchandise" since it was a white girl). DSHS got AT LEAST $32,000 per month for this as well as spending $thousands on court costs and contracted agencies. They created extremely high barriers insisting on impossible activities for this couple. For instance, as low wage workers they were instantly expected to become middle class and pay for a 4 bedroom home without any support to do so. DSHS CPS demanded the couple to pay a huge part of their meager incomes in child support while CPS was also receiving all this state and federal funding. CPS also made them pay for all the state contracted mental health "experts" who stood to profit by always going into court with the state's recommendations (and thus ensuring they would keep those contracts coming).

Meanwhile as this case was being prosecuted, they were digging up the bodies of several starved and beaten adopted children this same agency had placed in their "forever home". Using the glowing term "forever home" is an unfortunate description here ... And of course, after jumping through all those hoops and giving all the income they had, this low income couple lost. Not only will these decision makers ever face any consequences at all for permanently placing these dead children in their living hell, these agencies used these parents' kids for profit, knowing full well that nobody, including this couple would have enough resources to go up against the entire state who wanted their children for profit.

Grandparents have tried to save their grandchildren, losing everything, taking mortgages out on their homes (if they have one) and spending their entire nest eggs for naught trying to save their children from the System. They are hardly given a nod in court, considered not as important as the foster home with strangers where their grandchildren languish. They "get" to go through mourning of the legal death of their bloodline while watching their grandchildren sold to the highest bidders. The reason they have no rights and are not considered is that the juvenile courts and all their contracted minions would not profit off the Title IV mandates if they returned these children to their families.

These people well know that supporting families is not only far less expensive, it is more successful ~ even when the adult(s) have substance abuse issues. Adopted and foster children are more likely to drop out of school, become substance abusers, go to jail, become teen parents, and become homeless than if they had been left in the home with support. Yes kids should be taken from homes where they are being burned with cigarettes and beaten ~ but this is less than 15% of the children they take. Most of these families simply need support that costs far less ~ but unfortunately this would result in the loss of funding and profit for juvenile courts, these private corporations, nonprofits, and government agencies, should they do so.

The whole juvenile justice system is rife with tainted personnel and funding and it does not only deal with teens, it deals with ALL cases involving ANY child. Juvenile court is in actually a "pseudo court" that gets to make decisions about people's lives while being aware of where the profit lies. For decades with the use of low income children, they have been creating "legal precedence" for higher courts to use. They are routinely ignoring Constitutional rights impacting higher court decisions ~ especially when it is brought up to the SCOTUS' attention, which has ruled that all are immune, even though many courts have expressed deep concerns about the procedures these pseudo courts use. See the comments made by the 9th Circuit Court in Humphreys vs County of Los Angeles wherte this court openly stated they had little trust in the so-called 'internal" investigations" where the "investigations" are made by the people who are being "investigated". By being a "pseudo court" juvenile court can make accusations without ever having to prove a thing, and simply use vague and unprovable findings such as using someone's "feelings" or even though there is no evidence, they can prosecute people for what *might happen in the future" as fact.

These judges know much of the money that these "juvenile contractors" get is out of Title IV ~ as they themselves receive along with the many private and public agencies standing to get money for "saving the wittle baybees". Most juvenile judges are corrupt because they know what is going on. They have nothing to lose because they are often themselves getting "double pay" for being a juvenile court judge and a regular court judge, collecting twice the pay, accumulating twice the retirement, twice the paid sick leave, and twice the vacation pay for working one job. They well know that most teens who turn to the streets are foster children and adopted kids who have been taken from their family homes that their own courts and personnel refused to support. While being sexually exploited or abused, these kids who try to tell CPS about their suffering are ignored because who cares while letting these kids shiver in a doorway terrified to go to their assigned homes, left to wander the street, when their "forever homes" and all these agencies still get money whether or not the child actually lives in these homes anymore ? If they get in trouble, well it just means more for the courts, DSHS, keeps those judges in that double pay, and more funding for these "private contractors".

I am an activist for low income families. I see this happening every day. I know for a fact that juvenile courts are crooked and involves fraud not only with this judge, but it is happening nationally. Here are some links for those who want to know more:

*The first is the National Coalition for Child Protection Reform: http://www.nccpr.org. They have tons of white papers that have come out of the government, universities, and organizations such as the Casey Foundation about the studies cited on this post. http://www.nccpr.org.

*Here is a group of scrappy WI women who have gone out in their state and recorded what they have witnessed. These low income moms did better wonk work than any wonk in the nation would do about the profit making that comes out of "managing" the poor including CPS activities. Because of their activity, they have caused the prosecution of fraud that forced their legislators to request the return of funding, but they have barely scratched the surface and this activity is happening in every state as it not only involves local agencies, it involves agencies that are national and international: http://www.welfarewarriors.org/mwv_archive/sp09/sp09_milw.htm

*Here is another organization fighting the water rights issue in MI State. Kids are being taken because rather than assist these families with a $300.00 bill, they take the kids and get $8000 a month per child for taking them. You could speak to Maureen Taylor who is a vibrant speaker about this issue: http://mwro.org/

There are more organizations who are becoming aware of their own community's juvenile court corruption and the targeting of low income families. As one of these, I am a board member of POWER, http://www.mamapower.org who is also speaking to this corruption and demanding reform!

My 2 cents

Cat in Seattle

tillwill2004

(1 post)
131. DSHS/DCFS/CSO/DLR corruption
Sat Feb 7, 2015, 01:58 AM
Feb 2015

I have been devastated and virtually broken by these vultures. I Know my children are just as broken. Yet what paralyzes me from filing a lawsuit ,is the fact that even the public defender's provided to represent you in a dependency case, is provided by " your's truly " D.S.H.S. I have been denied my constitutional right to a civil trial during my last bogus dependency. A total of three in one year for the same child who I had been protecting from her abusive father. I still have no idea what grounds they had for removing her from my care other than the father, my ex, has strong ties in our community including a few DSHS/DLR/CPS social workers! Cut & dry, I had solid proof and any circumstantial evidence was the result of abuse. CPS did not conduct a investigation let alone offer me services and clearly broke their written agreement to assist my daughter and I with safe housing. The safety plan "they" drew up ,also requested that I keep my child away from the father. All mail, from them, sent to me went to the father's address even though I told them over and over where to send it. Ever investigator I have ever had as my case manager is from the adoption unit or Private agency.? They demonstrated ZERO concern for my daughter's safety and she was dismissed like an object and my name slandered with no thought of how they affect so many more than one. I have personally known for years what their game is. I have keep a close eye on the consistent patterns of frivolous immortality and greed induced conduct. I am hopeful that a tiny gimps of truth has surfaced enough to educate the public about just how vulnerable and naive, anyone can be persuaded into being.
Thank you for speaking out. I am sure that I have names of some of the headhunters responsible for ruining lives in king county. I will pray every minute that my children won't live with broken souls and the question of WHY MOMMY! Sincerely, tillwill2004

mntleo2

(2,535 posts)
132. OH yeah I know so deeply of your pain!
Mon Feb 16, 2015, 04:38 AM
Feb 2015

PM me if you would like. If you are in WA State and King County you and I might have a glimmer of hope with a lawsuit. I am looking for other families who have been devastated with their profit making off these children. And if you need a witness to their common and illegal practices in the same agency, I am more than willing to testify in court, under oath. I have proven in court that these King County DSHS workers and their contracted agencies blatantly lied in court with no consequences whatsoever. And yeah I also had solid proof that DSHS totally ignored ~ they refused to even make so much phone call to any of my witnesses or take 5 minutes to look into the proof I had either. I have th court case and number that I can give to anyone who needs it.

If you want to discuss this further PM me, I can give you my email and phone number and tell you more about the political shenanigans being done for these ... (I hesitate to call them) "people". Once I learned of the of the funding resources and how things were conducted to get these funds and how they were affecting citizens and kids, I was beyond sickened.

Take care, Hon!

Love, Cat in Seattle

Mr Dixon

(1,185 posts)
116. SMH
Thu Aug 1, 2013, 01:24 PM
Aug 2013
i hate to say this but this was in the movie Capitalism: A Love Story by Michael Moore, and in the film it was a majority of white kids sent to jail by this judge, i hope the headline was not slanted on race to grab more attention there is enough to the story to be outraged about without race as the header IMO.

Ilsa

(61,695 posts)
124. He should be paying all $2.6 mil in restitution
Thu Aug 1, 2013, 05:45 PM
Aug 2013

to his victims. $1mil isn't enough. And he should have to give up his assets to pay them.

 

1StrongBlackMan

(31,849 posts)
129. Since I worked in …
Fri Aug 2, 2013, 08:09 AM
Aug 2013

A Juvenile Court facilty, I followed this case pretty closely. At least three of the youths committed suicide, while either in detention, or shortly after their release. And, most of the parents of the surviving youth report behavioral/emotional changes in their children.

It was discussed widely in Juvenile Justice circles that any remedial action MUST include life-time counseling for the affected youth. I think there is/was a suit against the corporation that owned the prison and the “judge(s)) … there was another “judge” involved and convicted, seeking this remedy.

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