Jailing Kids For Cash

[psy]

It would be nice to see this sort of thing happening all across the US.  I'm sure this area of pennsylvania isn't the only place tainted by this sort of corruption.

[Ursus]

The next set of seven articles comprise a series, of sorts, partially summarizing salient features of the Luzerne County Courthouse Corruption probe from a local perspective. You Be The Judge - An Eyewitness News Special Report can be accessed from the central link, or individually as follows.

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Local news / Wilkes-Barre, PA
Part 1 – How Did We Get Here?

Reported by: Andy Mehalshick
Thursday, Mar 5, 2009 @06:00pm EST

Welcome to our Eyewitness News Special Report, You Be The Judge. We are taking you behind the scenes of the Luzerne County Courthouse. It’s a courthouse under a dark cloud of suspicion, in the midst of a federal corruption investigation.

You'll hear from 6 of the remaining 8 judges, who now have the task of rebuilding the public's faith in the court system. But first, a look back, at how we got to this point.

Rumors became reality on January 27th of this year when high-powered Luzerne County judges Michael Conahan and Mark Ciavarella were charged with fraud.

It all had to do with their connection to a juvenile detention center in Pittston Township. The two plead guilty to accepting 2.6 millions dollars in kickbacks to make sure that juveniles were sent to those facilities. Some of these juveniles never had a lawyer and were simply sent away by then President Judge Ciavarella.

"The defendants engaged in fraud by taking millions of dollars from two unnamed persons in connection with the construction and operation and expansion of juvenile detention facilities here in Luzerne County and elsewhere," said U.S. Attorney Martin Carlson on January 26th.

We have since learned that the kickback money was sent to businesses they had a connection with. Conahan and Ciavarella will serve at least 7 years in prison, be disbarred from the practice of law and pay restitution.

But above all, the highest price they paid, most agree, is the violation of the public trust. "When a judge violates this oath, when a judge violates the solemn vow, the judge violates the right to an honest services the judge violates the law," added Carlson.

Both judges will face a formal sentencing in several months. Most legal experts say the aftermath of their arrest will impact the Luzerne County Courthouse for years to come.


Copyright (c) 1998 - 2009 Nexstar Broadcasting, Inc.

[Ursus]

[Local news video coverage of the following story accessible from title link.]

Local news / Wilkes-Barre, PA
Part 2 – Who Are the Other Judges?

Reported by: Andy Mehalshick
Thursday, Mar 5, 2009 @05:59pm EST

The Eyewitness News I-Team invited all 8 of the remaining judges to sit down and talk about how the corruption at the courthouse. Let's meet the 6 judges who were able to join us.

First up is Judge Joseph Augello. The Pittston-area native has been a lawyer for 30 years. He was appointed to the bench in 1990 and then was elected in 1991 and retained in 2001. He also served as a district justice for 15 years before becoming a judge.

Judge Thomas Burke is 62 years old and is from West Pittston. He has been practicing law for 25 years. He was appointed to the bench in 1998 when Correale Stevens was elected to the state Superior Court. He is up for retention.

Also taking part is Judge Dave Lupas, who hails from the Plains Township area. The 44-year-old was elected to the bench in 2008. He was the Luzerne County District Attorney from 1999 to 2008.

President Judge Chester Muroski is 69 years old and has been a lawyer since 1966. He was the District Attorney for four years and was elected to the bench in 1982. He was elected President Judge in January after this federal probe broke.

We will also talk with Judge Joseph Musto. The Pittston-area native is 66 years old. He's been a member of the bar since the mid 1960s. He was appointed to the bench when Judge Michael Conahan unexpectedly retired in 2008. He is now running for that seat.

And finally Judge Peter Paul Olszewski. The 49-year-old is from Wilkes-Barre. He has been a lawyer since 1984. Olszewski served as District Attorney from 1992 to 1999, when he was elected judge. He is also up for retention.

We also invited Judge Hugh Mundy and Judge Michael Toole. Mundy had a personal commitment that day and Judge Toole was involved in a trial.

The judges, by law, could not talk about details of the investigation. But, they could talk about how the scandal affects them, and the future of the court, in the midst of this scandal.


Copyright (c) 1998 - 2009 Nexstar Broadcasting, Inc.

[Ursus]

[Local news video coverage of the following story accessible from title link.]

Local news / Wilkes-Barre, PA
Part 3 – What Was Your Reaction?

Reported by: Andy Mehalshick
Thursday, Mar 5, 2009 @05:58pm EST

It is a rare sight. Six judges being interviewed inside a courtroom. They insist its all part of regaining the public trust in the midst of an unfolding federal investigation. Andy asked the judges, "When those rumors became reality, what were you thinking personally?"

Judge Burke responded, "Initially my concern was the institution of the judiciary, that the court system will continue while under attack, and that it would be paramount importance that the remaining members of the bench gather together to restore public trust and confidence in the courts."

"First of all I was shocked by the sheer breadth of the allegations, but I was more concerned with understanding that the public would now distrust everyone in public office. There's an underlying mistrust in public office to begin with. And with the current situation in court, now I was concerned how we could inspire public trust and confidence back in the court. I knew it was going to take a big hit," said Judge Augello.

Judge Joseph Musto answered, "I was absolutely shocked by again, references have been made about the breadth of the allegations, I just could not understand how two individuals in the position they had achieved would do something like they did."

"I think the realization that we had to get over the initial shock move forward and try and restore and instill public confidence in our system here in Luzerne County," described Lupas.

President Judge Chester Muroski says it's all about transparency. "I think we, as a body, demonstrated to the public that we are not separate judges. We are a true Court en Banc which as you've said in my memory didn't exist before we operated as a unit, as a body. One man rule no longer exists in this county," he said.

Many people have been outraged by the actions of Ciavarella and Conahan. The two men violated the trust of the people and abused their power as judges.

As their former colleagues tell us, they're also dealing with the betrayal. We'll hear more on how the actions of the disgraced judges have personally affected them in Part 4 of You Be The Judge.


Copyright (c) 1998 - 2009 Nexstar Broadcasting, Inc.

[psy]

man... the shit is still hitting the fan.  I would have thought this would have died down by now.

[Ursus]

man... the shit is still hitting the fan.  I would have thought this would have died down by now.

It's getting bigger. Judges Ciavarella and Conahan had a number of dummy corporations that were used to hide the cash by transferring it through a couple of times before it got deposited into their accounts. One of those companies is based in Jupiter, Florida; Pinnacle is the name.

Gregory Zappala (owner of the two juvie facilities) is also an Attorney. I've got a pretty strong hunch that he is immediate family or once removed from the Allegheny District Attorney's Stephen Zappala Jr. He and Robert Powell (former co-owner) have partnered on a number of projects. The change of hands meant nothing; business continued as usual.

And the construction company, Mericle? The owner gives huge donations to Republican candidates in the area, people whose names seem to crop up with obscure connections to this whole scam. Additionally, the mystery lawyer named as co-defendant "Joe Doe" in the lawsuit posted by Samantka is probably the CFO of this company.

[Ursus]

[Local news video coverage of the following story accessible from title link.]

Local news / Wilkes-Barre, PA
Part 4 – Do You Feel Betrayed?

Reported by: Andy Mehalshick
Thursday, Mar 5, 2009 @05:57pm EST

The arrests of Mark Ciavarella and Michael Conahan made national news. People were outraged by the extent of abuse exercised by the disgraced judges, all in the name of greed.

The judges we spoke with say the corrupt behavior of their former colleagues has affected them professionally and personally. In fact, the word "betrayal" came up often.

All of these judges either worked with or had contact with disgraced Judges Micheal Conahan and Mark Ciavarella. For them, it's personal. Andy asks, Do you feel betrayed? They wore the robe like you. They didn't live up to their oath."

Judge Augello responded, "Hurt would be more appropriate than betrayed. They betrayed themselves and betrayed the public, so in a sense I feel as betrayed as everyone else feels. I worked with these individuals, I trusted them as colleagues. In that respect there’s a little bit of a degree of anger there."

"I think hurt, a lot I think. Many of us feel the same way, as every other member of the public feels. We live here, it’s our communities. We feel as the general public feels," said Judge Lupas.

President Judge Chester Muroski said, "Right now Andy it's difficult for us to make a stride on the street without some citizen looking at us, knowing who we are, and that thought is in their mind. We've said it before, is this judge like the rest of the judges? We have to straighten this mess out."

And all of the judges insist, people who appear before them can expect fairness and honesty. Judge Peter Paul Olszewski said, "It's very important for the public to know the black, dark cloud that has fallen on top of this courthouse, all the evil that black cloud represents, has not made its way into our courtrooms. There is a level playing field. No results are preordained or predetermined."

And the stigma of corruption may be hard to get rid of. These judges say their mission is to make sure it never happens again. But they are realistic. A tarnished name, a bad reputation, is hard to overcome. "Where as a reputation can take a lifetime to build, it can virtually be destroyed in a single incident single matter. Collectively I dare say we share the view that the reputation of our court system is in serious jeopardy. We are committed to rebuilding the foundation of that court system, matter by matter, and it will take considerable time to make that happen," said Judge Burke.

The full extent of the damage left behind by the corruption at the Luzerne County Courthouse hasn't been determined. People are questioning how wide spread the corruption is within the courthouse. In Part 5 of You Be The Judge, find out how the public's opinion could affect the future of some of the judges.


Copyright (c) 1998 - 2009 Nexstar Broadcasting, Inc.

[Ursus]

[Local news video coverage of the following story accessible from title link.]

Local news / Wilkes-Barre, PA
Part 5 – Are You Worried About Retention?

Reported by: Andy Mehalshick
Thursday, Mar 5, 2009 @05:56pm EST

The Luzerne County judges who remain on the bench now have to pick up the pieces as the federal corruption probe moves on. Three of the judges are seeking retention, but they're concerned they could be rejected by an angry public.

All of these judges say they want to regain the public trust in the court system. But for three of them, Judge Olszewski, Judge Musto and Judge Burke, that trust, or lack of, could mean the end of their judicial career.

Andy asks, "Are you concerned about guilt by association? No matter what you say here, in public or the courtroom, people will say they are just like the other two guys. What are they hiding? Are you concerned about that?"

Olszewski said, "I'm concerned right now that emotions of the public are riding high. But I ask the public for them to assume the role of judge, I want the public to be the judge. I want the public to judge me upon my years and record of public service,”

Judge Thomas Burke said, "I fully understand that the public is angry, justifiably angry. I'm mindful that in theory that can have an impact on any candidate for retention during this particular year. Beyond that, I'm hopeful the public overtime will be more discriminating than to simply go by emotions alone, guilt by association. They indeed need to scrutinize the record of individual judges."

Judge Musto added, "I think it’s very unfair to brush everybody with the same brush, because I think in that fashion, some good people are going to be swept aside. I would hope the citizens would look at each person and see what they're doing."

Judge Muroski is urging voters to take a good hard look at all of those who would be judge. The future of the court is at stake. "I want the public to look at those candidates. Not look at who runs the biggest ads, nicest ads, how they run. Look at their background, their experience, the personality of who’s running for vacancies," he said.

And Judge Musto is in a unique position. He has a different perspective. Musto was defeated by Judge Conahan in a hard-fought campaign for the bench back in 1993. In 2008 Judge Conahan unexpectedly retired from that seat. Sources say it was because he knew he was under federal investigation.

Musto was appointed to fill that seat and has now decided to run for that position. "It's very ironic. I'm sitting in the same position. I would like to know what would have happened if I was elected in 1993. Things would be different. I am not going to look back. I had a lot to offer in 1993. I'm looking forward," he said.

The corruption at the courthouse has people questioning the integrity of all the judges in Luzerne County. However, these judges are determined to regain the public's trust and support. Part of their plan to restore faith in the system is to encourage more people to sit in their courtrooms. The judges tell us more about restoring the reputation of the Luzerne County court system in Part 6 of You Be The Judge.


Copyright (c) 1998 - 2009 Nexstar Broadcasting, Inc.

[Ursus]

[Local news video coverage of the following story accessible from title link.]

Local news / Wilkes-Barre, PA
Part 6 – How Do You Restore Public Trust

Reported by: Andy Mehalshick
Thursday, Mar 5, 2009 @05:55pm EST

The corruption at the Luzerne County Courthouse has left a black cloud over the dome. In this last segment, the judges talk about the future. Can the Luzerne County court system survive this corruption scandal?

These judges say they are determined to restore the public trust and confidence in the Luzerne County court system. They sat down with Eyewitness News to show the public that there is no vale of secrecy over the courthouse. From here on in, even as the federal probe continues, this is a very different courthouse. It’s an open and transparent courthouse.

Judge Thomas Burke said, "I'd like to believe the same justice system that's been tarnished can be relied upon to readdress the wrongs that many think have occurred. I would emphasize to the community that fairness and impartiality is the resolve of all my colleagues."

"Sometimes it’s said turn a negative into a positive. Right now a very big negative is staring everyone in the face. But I hope that and am confident that, in the long run, it may take a long time, positives can come out of this,” said Lupas.

Judge Augello said, "Over the course of the entire American democracy there have been people who violated their oath. But the system is a strong system, constitutional system, it will prevail. People can have trust in their institutions."

"In order to regain the trust and confidence of the public, this must be a sustained effort, must be a determined effort, one that’s not just going to be done over a short period of time. It must be done over a long period of time. We have to invite the public into our courtroom. I invite the public in to judge what we do to scrutinize our decisions."

President Judge Chester Muroski says he is determined to keep the doors of the courthouse open, now and in the future. "We need to have the public come in. Please look at us. Look at us closely. I made the statement the day I was sworn in, if we're remiss in any of our responsibilities we should be held accountable," he said.

These judges say, judge them on what they do and not the actions or misdeeds of others. "Measure their performances. Measure whether they have lived up to commitments they made when they took the oath of office, when they committed to be fair and impartial, when they committed to uphold the rule of the law. And I try to remind myself everyday," said Burke.

And Muroski says  their record, in a brief 30 days or so, shows that the practices of the past, the one man rule, is over. "We've come a long way. The budget impasse has been settled. We exceeded the goal that was put before us of 1.9 million dollars to reduce our staff and our expenditures. We're up to something like 2.3 million. We have laid off, dispensed with 56 positions. We have settled the conflict counsel issue in that we have gone back to a salary situation, that is still under study. We have studied central court. We have gone so far as to change the reassessment. This is not just one of us doing all of this. It’s all of us acting together as a body. That's our goal, and to inspire in our citizens we are trying doing the best we can."


Copyright (c) 1998 - 2009 Nexstar Broadcasting, Inc.

[Ursus]

This is the last article in that 7-part series.

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Local news / Wilkes-Barre, PA
Part 7 – Who's Next?

Reported by: Andy Mehalshick
Thursday, Mar 5, 2009 @05:54pm EST

This federal investigation is far from over. Our sources say more arrests are coming. So where do we go from here?

Suspended Judges Mark Ciavarella and Michael Conahan plead guilty to fraud charges and face at least 87 months, that's just over 7 years, in a federal prison. They will be sentenced later this summer. For now they remain free on bail.

There are other players as this investigation continues. Former Court Administrator William Sharkey senior faces 10 years in prison and will pay restitution after pleading guilty to stealing $70,000 in seized gambling money. Sharkey has agreed to give up his pension. He will also be sentenced sometime in the summer and remains free on bail.

Sandy Brulo, a former supervisor in the Luzerne County Juvenile Probation Office, is charged with tampering with public records. She faces at least 10 years in prison for altering a juvenile record, a record that was subpoenaed as part of a lawsuit field on behalf of several juveniles. She faces 20 years in prison. A hearing in federal court is set for March 20th. She is free on bail.

And Luzerne County Prothonatary Jill Moran is cooperating with federal authorities. She contacted the U.S. Attorney's Office and said she was being used by others to commit fraud and was aware of possible criminal activity. She could face charges if investigators determine she is giving them false information. Moran will resign her county position March 13th.

The I-Team has also learned that target letters have been sent to as many as 10 lawyers in Luzerne County. Sources say they will be questioned in this probe. We've also learned at least one Luzerne County District Justice has been interviewed by the FBI as well as three Luzerne County judges.

While the federal corruption investigation continues, the I-Team will keep you updated as this story continues to unfold.

All the judges agree regaining the public trust will not be easy, but they are committed to making it happen. In the end it's you, the voters, who will decide if they've succeeded. You be the judge.


Copyright (c) 1998 - 2009 Nexstar Broadcasting, Inc.

[Ursus]

[Local news video coverage of the following story accessible from title link.]

Local news / Wilkes-Barre, PA
Luzerne County Corruption Scandal Update

Friday, Mar 13, 2009 @09:42pm EST

Wilkes-Barre, Luzerne County -

Judges Mark Ciavarella and Michael Conahan came to federal court in Scranton in February to plead guilty to fraud. They admit to taking millions of dollars in kickbacks in connection with the construction and operation of the juvenile detention center in Pittston Township. The F.B.I. calls it a "Cash for Kids scheme". They face at least 7 years in prison.

Both judges had to resign within 10 days of their sentencing, which won't happen for several months. But on Thursday, Ciavarella sent this letter to the governor's office. It was a one line statement saying he would resign at the close of business, Monday March 16th.

Today was also the last day on the job for Luzerne County Prothonotary Jill Moran. She is cooperating with federal authorities and agreed to resign today. She contacted the U.S. attorney's office saying she was aware of fraud and other criminal activity by others. She could face charges if investigators believe she is lying to them. She has agreed to take a lie detector test as she works with federal authorities.

The I-team has also learned that F.B.I. agents were once again in the Luzerne County courthouse this week interviewing several court employees. Sources close to the case tell us those interviews had to do with civil cases and arbitration cases.

None of this comes as a surprise. Valerie Landers, of Wilkes-Barre says, "People are suffering over their greed. It’s a money thing. It's greed that's what it is."

We also learned today that the judge appointed to review juvenile cases was handled by Civarella. He has sent recommendations to the state supreme court. The question is many of those teenagers were sent away without being represented by a lawyer.

   
Copyright (c) 1998 - 2009 Nexstar Broadcasting, Inc.

[Ursus]

[Local news video coverage of the following story accessible from title link.]

Local news / Wilkes-Barre, PA
New Faces Take Over in Luzerne County

Reported by: Andy Mehalshick
Monday, Mar 16, 2009 @05:29pm EST

WILKES-BARRE, LUZERNE COUNTY- More evidence of sweeping changes in Luzerne County's legal system stemming from the investigation into corruption at Luzerne County Courthouse.

Two Luzerne County Prison Board members were sworn into service Monday morning. Luzerne County President Judge Chester Muroski administered the oath to Chester Zaremba and Charles Erickson. Both are now civilian members of the board.

The men were chosen from more than 20 applicants. Luzerne County prison's been the center of controversy ranging from no-bid contracts to overcrowding.

And Luzerne County's new acting Prothonotary was also sworn into office. 38-year-old Elizabeth Decker of Conyngham takes over the office vacated by Jill Moran.

Moran agreed last month with federal prosecutors to resign from office and cooperate with investigators looking into corruption at the courthouse. Documents show Moran voluntarily came forward claiming others tried to use her to carry out fraudulent acts.

She's not charged with any crime and denies any wrongdoing.


Copyright (c) 1998 - 2009 Nexstar Broadcasting, Inc.

[Ursus]

[Local news video coverage of the following story accessible from title link.]

Local news / Wilkes-Barre, PA
Latest in Luzerne County Corruption Investigation

Reported by: Andy Mehalshick
Tuesday, Mar 17, 2009 @05:33pm EST

WILKES-BARRE, LUZERNE COUNTY- President Judge Chester Muroski announced Luzerne County Court is asking state court officials to investigate all financial Wilkes-Barre court transactions.

Muroski also called on Governor Rendell to fill the bench seat left vacant by Mark Ciavarella's resignation.


Copyright (c) 1998 - 2009 Nexstar Broadcasting, Inc.

[Ursus]

[Local news video coverage of the following story accessible from title link.]

Local news / Wilkes-Barre, PA
Luzerne Co. Probation Worker to Plead Guilty

Reported by: Andy Mehalshick
Tuesday, Mar 17, 2009 @05:32pm EST

WILKES-BARRE, LUZERNE COUNTY- A suspended Luzerne County probation worker has agreed to plead guilty in connection with corruption at the courthouse.

Federal authorities announced 56-year-old Sandy Brulo will plead guilty to a felony obstruction of justice charge. She's also agreed to cooperate with federal investigators.

Federal agents say Brulo tampered with juvenile records in her job as forensic program director at probation services. That office worked closely with former judges Mark Ciavarella and Michael Conahan.

Investigators say the altered records would have been used by federal investigators in a future court hearing.


Copyright (c) 1998 - 2009 Nexstar Broadcasting, Inc.

[wdtony]

If people keep "cooperating" we may never hear the end of this corruption. Seems like the whole system there in Luzerne Co. is part of this.

I wonder where the next Luzerne, PA will be? Probably not in Texas, Florida or Utah seeing as how those states seem to protect corruption.

bump.