I Thought That I Had Already Posted This

Former Luzerne County Court Judge Mark A. Ciavarella Jr., who took bribes from private prison companies to send kids to jail, was sentenced to 28 years in jail:

As his moment of sentencing drew near Thursday, former Luzerne County Court Judge Mark A. Ciavarella Jr. was still trying to minimize his crimes. No way, he said, had he sold "kids for cash."

The prosecutor would have none of it.

"In essence, Mr. Ciavarella's argument is, 'I was not selling kids retail,' " Assistant U.S. Attorney Gordon A.D. Zubrod said. "We agree with that. He was selling them wholesale."

Minutes later, U.S. District Judge Edwin M. Kosik slammed Ciavarella, 61, with 28 years in prison. It appeared to be the longest federal prison sentence ever given in a U.S. political corruption case.

In the Scranton area, Ciavarella was a key target among many in a sweeping and still-ongoing federal corruption probe. Prosecutors have brought charges against nearly 30 officials, including two other judges, numerous court officials, a former state senator, school board members, and county officials.

(emphasis mine)

It may be a record long sentence, but it is not long enough.

His partner in crime, county president judge Michael T. Conahan, has already pled guilty, and is awaiting sentencing.

Hopefully, he gets a sentence of similar length.

Remember My Earlier Post on Judges Taking Kickbacks to Send Children to Jail

The post, from February, is here.

In any case, a judge, the aptly named Arthur Grim, has reviewed the case files, and come away shocked:

The judge who studied Luzerne County's "cash-for-kids" scheme said yesterday that children's constitutional rights had been denied and justice perverted "in ways that I would never have dreamed possible."

Judge Arthur E. Grim of Berks County, who reviewed transcripts of about 100 cases of juveniles caught up in the scheme, said the scandal grew out of "unfettered power, greed, opportunity, and intimidation."

here is the kicker though:

Lawyers, court employees, and school officials knew of the scheme, but winked at it for convenience or self-preservation, Grim testified.

This isn't just a couple of bad judges. Pretty much every lawyer, and every school administrator in Luzerne County ad to know about it.

What's more, the school administrators used it for their petty vendettas:

He said many school officials supported Ciavarella's "zero-tolerance" policies toward teenagers no matter how minor the offense.

"When a misbehaving kid was brought to school authorities, they immediately picked up the phone and called the police," Grim testified. "They did this because they knew that if they did, that child would go before Judge Ciavarella and would be out of their hair as a problem."

When Hillary Transue was sent before the judge by a vice-principal who pressed charges of harassment about a spoof Facebook page that had her [the vice-principal] collecting Johnny Depp's used underwear, this person, educator is not the right word, and whoever in the DA's office who decided to continue with this, knew, that this was going to get a girl thrown in jail because the judge was taking bribes.

The Judge Grim notes:

"We know the people in this community did not consciously choose to stand on the side of injustice at the expense of children. But what was it that made it so hard to do the right thing? Were people afraid? Were they intimidated? By whom? What protections would they have wanted? Where would they have wanted to take the information they had?"

The judge has it wrong. People wanted this. This is what "tough on crime" and "zero tolerance" means. It means disproportionate, destructive, evil application of the law, and judges Mark Ciavarella Jr. and Michael Conahan could do this because this is what the people of Luzerne County wanted.

The prosecution loves a "hanging judge". The principals wanted judges would make problem children go away. The voters wanted "tough on crime" and "zero tolerance".

They all wanted to hurt children, so long as it was someone else's child.

Atrios calls them, "Really awful people." I'm not sure if he means just the judges, or the DA's office, or perhaps also the school administrators.

Me, I mean everyone in that whole damn county.

If that vice-principal is still working for the school district, the good people of Luzerne county, both of them, should organize an angry mob.

Yes, Some of these Folks are Actually Guilty of Bad Things

But it's right to dismiss charges against all the kids that the cash for kids judges sent up:

A judge brought in to clean up after a "kids for cash" scandal has expunged every juvenile court case decided by a Pennsylvania jurist convicted of corruption.

Senior Judge Arthur Grim was selected almost three years ago to review juvenile court cases decided by former Luzerne County Judge Mark Ciavarella, who's serving time in jail for his involvement in the corruption case.

As a result of Grim's efforts, records have been expunged for more than 2,000 juveniles sentenced by Ciavarella.

Ciavarella and another ex-judge are serving federal prison sentences for sending juveniles to for-profit youth detention centers in return for money.

Grim called the handling of juvenile cases in Luzerne County a judicial process "run amok," and he gave recommendations to prevent such renegade justice again.

Pennsylvania State Supreme Court Chief Justice Ron Castille said Thursday that Grim has suggested many reforms that require legislative action, but the courts have already changed certain rules to treat kids more fairly.

When the checks and balances fail so badly that judges manage to get kickbacks for sending kids to private prisons, and no one says anything for years, expunging every conviction is least that we owe them as a society.

Background here.

This is a Natural Result of Private Prisons

We now know that hundreds, perhaps thousands of children were sent to private juvenile detention facilities because the judges got kickbacks, more than 2.6 million dollars, from the operator of two private facilities.

The judges in question, Mark A. Ciavarella Jr. and Michael T. Conahan have pled guilty, with a recommendation from the prosecutors for a term of 87 months.

It should be 87 years.

The particulars are an indictment of our culture of privatization of government services:

With Judge Conahan serving as president judge in control of the budget and Judge Ciavarella overseeing the juvenile courts, they set the kickback scheme in motion in December 2002, the authorities said.

They shut down the county-run juvenile detention center, arguing that it was in poor condition, the authorities said, and maintained that the county had no choice but to send detained juveniles to the newly built private detention centers.

So, private players get into the system, pay off the right people, and these people shut down the government run facilities, and take kick-backs.

It's worth noting that these kick-backs are called "consultancy fees" when the IMF and the World Bank do this in 3rd world nations, and have frequently involved basic human needs like a municipal water supply.

It should be noted that Robert J. Powell, the owner of the two facilities involved, PA Child Care and Western PA Child Care, is claiming that he did not bribe anyone, but rather that he was shaken down by the judges:

Robert J. Powell co-owned PA Child Care and Western PA Child Care until June. His attorney, Mark Sheppard, said his client was the victim of an extortion scheme.

"Bob Powell never solicited a nickel from these judges and really was a victim of their demands," he said. "These judges made it very plain to Mr. Powell that he was going to be required to pay certain monies."

Let's see, you build jails for kids, and then suddenly they shut down the existing facility, because they think that you might bribe them?

I don't think so.

BTW, these folks might never have been caught, but for the fact that they were doling out favors to friends in arbitration awards, and the insurance companies cried "foul," and got an investigation.

In any case, they are now reviewing thousands of cases, and the federal prosecutors have petitioned the court to expedite notification to the victims.

Interestingly enough, the thing that seems to be bothering me the most involves a person who is not going to jail:

At worst, Hillary Transue thought she might get a stern lecture when she appeared before a judge for building a spoof MySpace page mocking the assistant principal at her high school in Wilkes-Barre, Pa. She was a stellar student who had never been in trouble, and the page stated clearly at the bottom that it was just a joke.

Instead, the judge sentenced her to three months at a juvenile detention center on a charge of harassment.

Why is anyone who would criminalize a satirical MySpace page allowed anywhere near children?

Why is this person still employed? Why are the police officers and prosecutors who did not laugh him off, or better still throw him in jail for harassment?

There is so much wrong here, that I'm beyond ranting.

Judge Who Accepted Bribes to Jail Children is Convicted

Mark Ciavarella, Jr. who took kickbacks from private prisons to sentence children to confinement, has been found guilty of racketeering, money-laundering conspiracy, fraud and filing false income tax returns, though not of bribery:

A federal jury on Friday found a former Pennsylvania judge guilty in a so-called kids-for-cash scheme, in which he took money in exchange for sending juvenile offenders to for-profit detention centers.

………

The jury found him not guilty, however, of seven counts of extortion and 10 counts of bribery.

The former judge faces a maximum sentence of 157 years in prison. The jury also ruled he must forfeit $997,600.

I think that the jury felt that they had to find proof that he would not have sent these kids away if he hadn't been paid, i.e. what was in his head at the time, which is impossible.

Maybe I'm a bit old fashioned, but the fact that hid the money, that whole money laundering and racketeering bit, is pretty good evidence that he knew what he was doing is illegal, but I wasn't in the court room.

Here is hoping that the judge sentences him to the max.  What Ciavarella did was truly beneath contempt.

Yeah, This Pardon I Object To

Joe Biden has commuted sentence of Michael Conahan, so he gets out .

You remember him, he was a judge in juvenile court who shut down the county detention facility and sent children, and cut a deal with a private prison in exchange for bribes.

This guy should not have his sentence commuted.  Hell, he should have spent the past 13 years being hung from a flag pole by his tongue: 

A former Pennsylvania judge who was convicted of sending children to jail while receiving millions of dollars in kickbacks from the facility’s operator in the early 2000s was one of the nearly 1,500 people whose sentences were commuted Thursday by President Joe Biden.

Michael Conahan had been sentenced to 17½ years in federal prison after being convicted of racketeering conspiracy for his role in the so-called Kids for Cash scandal in Luzerne County. Conahan pulled funding from a county-owned juvenile detention center there and agreed to send juveniles to a for-profit facility in exchange for payments, a scheme that netted him and fellow jurist Mark Ciavarella nearly $3 million.

Conahan, who was convicted in 2011, had been serving his sentence in a Florida facility and was due to be released in 2026. But he was placed in home confinement in 2020 due to the pandemic.

All those commuted by Biden on Thursday had been placed in home confinement for at least a year, the White House said.

Conahan's (and Ciavarella's) actions were particularly heinous, and not only should he not have had his sentence commuted, he should have been sent back to prison as soon as the vaccine was available.

People who violate this sort of trust should be held to a higher standard, whether they be judges, cops, or district attorneys.