SCRANTON, Pennsylvania - February 21, 2011 - A former juvenile court judge in Pennsylvania could face more than 10 years in prison after being convicted in what prosecutors called a "kids for cash" scheme.
Prosecutors say former Luzerne County Judge Mark Ciavarella used children as pawns, locking them up unjustly in a plot to get rich. Ciavarella is accused of taking nearly $1 million in kickbacks from owners of private detention centers in exchange for placing juvenile defendants at their facilities, often for minor crimes. Ciavarella claims that the payment he received from a developer of the Pennsylvania Child Care facility was legal and denies that he ever incarcerated children for money.
Ciavarella, 61, was found guilty of 12 out of 39 charges including racketeering, money laundering and conspiracy, in connection with the nearly $1 million payment from Robert Mericle, the developer of the Pennsylvania Child Care center.
Families complain of Ciavarella's rapid-fire brand of justice and trials that lasted only minutes, with even first-time offenders sent to detention centers.
In one reported case, Ciavarella sentenced a child to two years for joyriding in his mother's car. In another, he sentenced a college-bound high school girl to three months in juvenile detention for creating a website that made fun of her assistant principal. Some of the children he ordered locked up were as young as 10.
"The numbers of children going into placement in Luzerne County tended to be two to three times higher than in other counties," said Marsha Levick, deputy director of the Juvenile Law Center in Philadelphia.
In October 2009, the Pennsylvania Supreme Court dismissed 4,000 juvenile delinquency cases Ciavarella handled from January 1, 2003 to May 31, 2008. The court said that it "cannot have any confidence that Ciavarella decided any Luzerne County juvenile case fairly and impartially while he labored under the specter of his self-interested dealings with the facilities," and called Ciavarella's actions a "travesty of juvenile justice."
Though most of the affected youth have already served their time, many parents were outraged by Ciavarella's sentence, including Sandy Fonzo, who could not contain her anger.
Fonzo's son Edward Kenzakoski was sentenced by Ciavarella to juvenile detention in 2003 for possession of drug paraphernalia. Fonzo said her 17-year-old son had no prior record when he landed in Ciavarella's courtroom. She claims Kenzakoski never recovered from the months he served behind bars and years later, at 23, he killed himself.
"Do you remember me? Do you remember me? Do you remember my son? He was an all-star wrestler and he's gone," Fonzo screamed to Ciavarella as he exited the courthouse Friday.
The case of alleged corruption first shocked Luzerne County residents in January 2009 when federal prosecutors announced that the respected county judges Ciavarella and Michael Conahan had pleaded guilty to tax evasion and honest services fraud. However, a federal judge, who ruled that Ciavarella had failed to accept responsibility for the crimes, later rejected the plea deal and relatively light sentence.
Wilkes-Barre residents exploded with anger when they heard that men they elected and trusted to judge their children had allegedly profited from their incarceration.
Conahan pleaded guilty to one count of racketeering conspiracy on July 23, 2010. He faces up to 20 yearsbut has not yet been sentenced.
