Pennsylvania Judge Sentenced For 28 Years For Selling Kids to the Prison System

[dixiegrrrrl]

Last edited Thu May 23, 2013, 04:49 PM - Edit history (1)

I fear he may not be the only judge doing this, but sure glad he was caught.
linked article only has these 4 paragraphs:

Mark Ciavarella Jr, a 61-year old former judge in Pennsylvania, has been sentenced to nearly 30 years in prison for literally selling young juveniles for cash. He was convicted of accepting money in exchange for incarcerating thousands of adults and children into a prison facility owned by a developer who was paying him under the table. The kickbacks amounted to more than $1 million.

The Pennsylvania Supreme Court has overturned some 4,000 convictions issued by him between 2003 and 2008, claiming he violated the constitutional rights of the juveniles – including the right to legal counsel and the right to intelligently enter a plea. Some of the juveniles he sentenced were as young as 10-years old.

Ciavarella was convicted of 12 counts, including racketeering, money laundering, mail fraud and tax evasion. He was also ordered to repay $1.2 million in restitution.

His "kids for cash" program has revealed that corruption is indeed within the prison system, mostly driven by the growth in private prisons seeking profits by any means necessary.
http://blog.blacknews.com/2013/05/judge-mark-ciavarella-sentenced-selling-kids-prison-system101.html?m=1#.UZ4YHWR4aHc

UPDATE:

He was one of TWO judges.The 2nd judge got 17 years.

There were 2,400 juveniles involved.
The people who gave him the money:

December 16, 2011

Wealthy developer Robert K. Mericle agreed Friday to pay $17.75 million to settle civil-rights actions filed against him and his companies by former juvenile offenders who claim they were unjustly imprisoned in the kids-for-cash scandal.

The claims stem from Mericle's payment of $2.1 million to two former Luzerne County judges who placed juveniles in two for-profit detention centers built by one of his companies. The settlement does not affect ongoing claims against the judges, who are serving lengthy prison terms, the owners of the centers and other defendants.

http://standardspeaker.com/news/mericle-pays-17-75m-to-settle-kids-for-cash-claims-1.1245937

Robert Mericle's sentencing in connection with his pleading guilty to failing to report a felony has been delayed pending his testimony in the bribery trial of former Pennsylvania State Senator Raphael Musto, which is scheduled for June.
Mericle faces up to three years in prison, although he is likely to receive 12 to 18 months under United States Federal Sentencing Guidelines

http://en.wikipedia.org/wiki/Kids_for_cash_scandal#Criminal_verdicts

[div class="excerpt"]Robert Powell pleaded guilty in 2009 to concealing a felony and an accessory charge in the so-called "kids for cash" scandal.
(he got 18 months, apparently wore a wire so the feds could catch Mericle.)
http://thetimes-tribune.com/news/powell-pleads-guilty-1.99257

[Flashmann]

1. Pennsylvania Judge Sentenced For 28 Years For Selling Kids

I hope he finds himself in the "general population".

[kelliekat44]

78. US PIC system at its finest. PIC = Prision Industrial Complex nt

[Orrex]

2. Sounds like he should have "judged not."

Lest, well, you know...

[Nine]

3. Who could possibly have predicted this outcome from privatizing prisons? (sarcasm) (nt)

[Drale]

4. I can not say what I hope happens to this traitorous POS in prison

but I can think it very loudly.

[Ilsa]

13. Be careful. Someone on DU will excoriate you

for even thinking it.
And I agree with you.

[In_The_Wind]

57. My 1st hidden post on DU was for thinking out loud re: this topic you are thinking about.

[SunSeeker]

72. +1

[MADem]

5. Kick, rec, and 28 years isn't enough. Lock that bastard up and toss the key.

WTF is wrong with Pennsylvania? Sandusky, this guy....is Pennsylvania the "Let's Prey On The Children" state, or what?

[defacto7]

52. I say....

Let the civil suits begin! If they ever get out, which I doubt at least without scars of their own, hopefully they will come out to pure desolation.

[Auntie Bush]

6. Good! But he should get life in prison without possibility of parole.

He RUINED thousands of lives for money...the bastard! I'm for getting rid of ALL private prisons.

[pipoman]

7. If we can't pay for public prisons

we need to look at our criminal code and quit making incarceration profitable for anyone..'good behavior' and such have always reduced sentences..if this is the value of prisoners, I'm guessing nobody is released on good behavior based on the reports of for-hire prison wardens..

[leftyohiolib]

8. and just like skilling he'll skate after serving only a small portion of his 28

[Xipe Totec]

9. Ok, but what about the company that bribed him? Are they still in business?

Has the jail been shut down?

Has the company been disincorporated?

Have the executives been jailed as well?

[shraby]

10. That's what I was going to ask. The briber should be facing serious jail time too.

[dixiegrrrrl]

19. see update in OP

[dixiegrrrrl]

12. Well, let's see here...

Wiki says:
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.

He did lose his 240 K pension, the courts gave that to the victims.

[lob1]

25. Were the people the judge put in jail freed?

How long will it take to get them all out?

[Posteritatis]

31. If I remember a lot of sentences were cut short and so on

Checking and clearing the kids' records is going to be a logistical nightmare, but over the last year or so when this story really started moving it looks like they're heading in that direction.

Basically every criminal record connected to that judge and that prison has to be examined, and a lot of them are going to get cleared as a result. That's on top of the compensation the victims will likely be getting.

[blaze]

35. Looks like he just had to pay a fine?

I can't read the article linked to the story about Robert K. Mericle ....

So business as usual I guess.

[blueknight]

11. a no good rotten bastard like this

deserves to have his throat cut ear to ear. he ruined THOUSANDS of young kids lives.

[spanone]

14. they should put him in the general population with some of the folks he sold up the river.

crime does pay.

this is what you get when you privatize.

[jmowreader]

28. No. I disagree with this.

Most if not all the people he sold were jailed for shit that gets you probation. Commute their sentences to time served.(On edit: the PA Supreme Court has overturned every sentence he handed down, which is the only reasonable action.)

I disagree with the general population idea too. I would get a pickup camper, fit it with a door that only opens from outside and a big picture window, and drive it around the state with him inside so people can spit on him. Throw him in general population and the prison shot-caller will have him killed that night...which, considering the evil he did, would be a lenient sentence.

[LanternWaste]

15. Justice, Health and Education should never be part of the free market system.

I believe that Justice, Health and Education should never (ever) be part of the free market system. The consequence of abuse are simply too important to both our individual and our collective well-being.

[adieu]

62. And defense

All weapons must be made by and within the military with absolutely no outsourcing to any other company. Not only is it a funnel for money to private businesses, it's also a place where security can be leaked. I don't want private businesses to build sensitive weaponry and then decide to shop around the world for other countries to buy the same device.

Only items that need not be internally manufactured would be common items like general tools and general materiel, like wood for building barracks. Otherwise, all other items, including uniform and food should be created and grown in house.

[muntrv]

16. Put him in general population.

[In_The_Wind]

58. +1

[img][/img] Leave him there! [img][/img]

[CanonRay]

17. Essentially a life sentence. Good, and good riddance.

[RainDog]

18. For profit prisons

cause who needs democracy when there's money to be made.

[glinda]

20. K & R n/t

[Initech]

21. Time to dump the for profit prisons!

[proverbialwisdom]

22. K&R

[Catherine Vincent]

23. In this day and age...unbelievable

There's goanna be a motion picture in the works from this.

[malaise]

33. You really believe there are just two judges involved in the prison for profit racket?

Last edited Thu May 23, 2013, 07:01 PM - Edit history (1)

I have a bridge to sell you

My bad - welcome to DU

[pnwmom]

38. Read the actual post. That's the opposite of what the poster said. n/t

[malaise]

40. Oops

[pnwmom]

42. Especially with a newbie

it's nice to read the actual post.



(Don't want to scare 'em away.)

[pnwmom]

39. Welcome to DU, simplify! n/t

[WillyT]

26. Good !!!

& Rec !!!

[warrprayer]

27. good riddance to bad trash n/t

[John1956PA]

29. This criminal was sentenced on August 11, 2011. He has been in jail since then.

Here is a link to one of the August 2011 news stories about the sentencing:

http://thetimes-tribune.com/news/ciavarella-sentenced-to-28-years-surrenders-to-u-s-marshals-1.1187352

08-11-2011 Headline: CIAVARELLA SENTENCED TO 28 YEARS, SURRENDERS TO U.S. MARSHALS
Story published by the Times Tribune on August 11, 2011

Excerpt:
A defiant Mark A. Ciavarella Jr. was sentenced to 28 years in prison and ordered to pay $965,000 in restitution this morning after reading a statement to the court in which he denied trading "kids for cash."

[GiveMeFreedom]

30. A fine example of

how far the nation has fallen. If only these judges could be incarcerated with the sounds of the children's plea's for mercy, from every victim, was payed 24 hrs. a day, 7 days a week in their cells. I think it would drive them crazy? Or they really don't care and can listen to kittens being crushed by a steam roller.

[malaise]

32. Throw away the effin keys

and find the others involved in the kids for cash private prison racket.

[SCVDem]

34. Putting kids in prison as sexual slaves.

Tatoo child molester on his forehead and into the GP he goes.

Good luck fuckwad!

[stlsaxman]

36. through doubtless endless appeals he won't see a day in prison.

that's The American Way!

[leftynyc]

60. He was sentenced in 2011

and has been in jail since then. This was just an appeal so you're theory has already been debunked.

[stlsaxman]

79. not so much a "theory" as total lack of faith in our "Justice" system.

but i'm glad. hope he rots in Hell for all of eternity.

[leftynyc]

83. Ah - that's certainly understandable

but I'm also glad he's probably going to die in prison.

[Tx4obama]

37. Isnt' this old news? Mark Ciavarella was sentenced in August 11, 2011

[dixiegrrrrl]

47. It frequently happens that sources print stuff with current dates

and judging from all the comments, I see that I am not the only one who missed the original sentencing date.

[Dustlawyer]

43. I hope the prison was reverted to the government and I wish the would legalize pot!

That would free up a lot of bed space and let us focus on murderers, rapists and corrupt public officials!

[SCVDem]

46. Instead of free weights and excercise

I would pump pot smoke into the violent offender sections and feed them Little Debbies. (No more Twinkies yet)

They would be stoned, mellow and not so buff.

Movies and TV all day long.

This would be safer for the prisoners and the guards.

Thoughts?

[Dustlawyer]

61. Sounds great! Unfortunately, people would break the law just to go to prison!

[another_liberal]

44. Just wait . . .

Just wait until he gets tired of the safety afforded by solitary confinement and is released into the "general population." He may very likely meet some old acquaintances, though under very different circumstances.

I would not be him then for twenty million dollars, even if they let me spend it first.

[davidn3600]

45. America has become a prison state with these "for profit" prisons

[displacedtexan]

48. The TV show, Leverage, covered this topic a few years ago

The episode was about helping a prisoner in one of those private prisons. The prisons are filled with non-violent "offenders" who are sentenced way too harshly for things like taking too long to pull the car over if being followed by a police car and/or transporting unopened containers of alcohol across some state lines. The judges get paid, and the prison owners get our tax dollars, without having to worry about housing violent criminals.

What a racket!

[Wednesdays]

49. Tip. Iceberg.

I'll bet you 10 to 1.

[laundry_queen]

82. Totally agree

but it's hard to catch the slippery fuckers, since in many places they ARE the law. Fuckers.

[woo me with science]

50. Private prisons are evil.

Private prisons are being aggressively grown under this administration.
http://www.democraticunderground.com/10022568681

[Matariki]

51. Private prisons should not be acceptable

that stuff like this couldn't happen. What an embarrassment our culture is sometimes.

The private prison contractor is just getting a slap on the wrist? Go figure.

[HiPointDem]

53. the developer needs more jail time too.

[RedCappedBandit]

54. Logical conclusion of a for profit prison industry.

Nothing more to it. Any apologist for this industry sickens me.

[Blue Owl]

55. Human Merchandise

I say double their sentences -- no, triple them.

[sigmasix]

56. why dont prison owners serve real time?

Isnt it illegal to bribe a judge or other members of the justice sytem? Shouldnt the owners and board of trustees be serving at least 20 years? Seems only fair; both parties were engaged in a criminal activity that succeeded to kidnapping and illegal inprisonment. Shouldnt prison owner have thier credentials removed for this kind of sick crime?

[jessie04]

59. Good...let him enjoy prison

They like judges in prison..

[perdita9]

63. Justice was slow in coming

This case happened YEARS ago.

[malthaussen]

65. The gristmill of the gods grinds slowly...

... especially when the grain has a multi-tiered appeal process.

-- Mal

[John1956PA]

76. This criminal had been in prison since 2011. OP refers to the 2011 sentencing. Old news.

The OP should make it clear that its subject matter, the defendant's sentencing, took place in 2011.

This is old news. There have not been any developments since 2011.

[Octafish]

64. Any coverage of this on the tee vee?

It's the kind of government conspiracy We the People's watchdogs should bring to We the People's attention.

[dixiegrrrrl]

67. Well, we have no tv, soooooo

lots of details on Wiki under the Judges' name, tho.

[Octafish]

85. THAT explains it.

Why You are so smart. People who think for themselves are becoming a rarity.

For a return to the best of times, a conspiracy nut.

[dixiegrrrrl]

86. awww......golly gee whiz....

( I am proud to say both of my sons are the same way, for the same reason)

[John1956PA]

77. This is a 2011 story which was well covered in its time. OP should state it is a 2011 story.

This story has been posted a few times lately on DU as if it is a new story. There have been no developments since 2011 when the defendant was sentenced.

[Octafish]

84. So what if it's 2011? In Detroit, practically no one knows about it.

They should.

Something else they and everybody who gives a damn about justice should know:

When it comes to corruption, it's like an iceberg. The part we see is the little bit above the surface.

[John1956PA]

87. I have no problem that the story gets retold, it is just that the OP should clarify it is from 2011.

I live in Pennsylvania. Essentially the very same summary of the story, omitting that sentencing occurred in 2011, has been posted a few times recently on DU. Without the original post (preferably its title) clarifying that it was back in 2011 that the sentencing occurred, DUers are thinking that the story is recent. Some DUers might have a vague recollection of the postings of a few weeks ago setting forth the same story-summary omitting the sentencing date and year. Those DUers may conclude that Pennsylvania is a corrupt state and that this newest OP is about the latest in a recent series of corrupt events which have occurred in the state.

[BrownDoggie]

88. I'm a DU noob (so please be nice!)

Actually, there have been some recent developments in the case. Ciavarella (of course) appealed his conviction; the case was argued in front of the appellate court on Nov. 14, 2012, with Judge Julio Fuentes delivering the Court's opinion on May 27, 2013. In all, there weren't very many changes that came of the appeal, with the exception that one of the counts (7) was vacated. For those interested (and can decipher legalese), a link to the Opinion is below. It's not the shortest opinion, but is a pretty good read overall.

Thankfully, the Circuit Court took this case seriously, and spared no disdain for the former judge. An excerpt from page 3 of the Opinion gives an inkling of Justice Fuentes' view of the case background:

"Ciavarella and his fellow judge, Michael Conahan, were accused of receiving over $2.8 million in three years from a commercial builder, Robert Mericle, and an attorney and businessman, Robert Powell, in exchange for helping to construct and operate juvenile detention centers and placing juvenile offenders there."

"Over the course of several years, Ciavarella committed hundreds of juveniles to detention centers co-owned by Powell, including many who were not represented by counsel, without informing the juveniles or their families of his conflict of interest. By the summer of 2008, Ciavarella and Conahan, aware that they were under criminal investigation, met with Mericle and Powell to collaborate on their stories, discuss how to mitigate the effects of damaging witnesses, and encourage the destruction of records. Unbeknownst to them, Powell was wearing a recording device during these meetings, exposing Ciavarella and Conahan's efforts to obstruct justice."

Section 'F' on page 43 is where it starts to get good. Ciavarella argues the Court's "Sufficiency of the Evidence" against him; he challenges the Court's ruling on his convictions regarding RICO and SOL among others.
[link:http://www.ca3.uscourts.gov/opinarch/113277p.pdf|
http://www.ca3.uscourts.gov/opinarch/113277p.pdf

What a great example people like Ciavarella and Conahan are setting for so many who already have justifiable mistrust for our judicial system...

[AllyCat]

66. And privatizing prisons brings it all to you!

Craptastic....

[KansDem]

70. Or...

Crapitalism

[KansDem]

68. Video: Distraught mother lashed out at former Convected Judge Mark Ciavarella

Her son was picked up for possessing drug paraphernalia. Ciavarella placed him in detention.

Her son committed suicide after his release.

Sandy Fonzo's 17-year-old son, Edward Kenzakowski, spent six months in a detention center after Ciavarella sentenced him for possession of drug paraphernalia.

According to Fonzo, her son, who had no prior record, was never able to recover and eventually took his own life.

"He (Ciavarella) killed his spirit," Fonzo said at the time, "He crushed him, and he didn't help him." Fonzo said her son was full of resentment and pent-up anger after being sent to the detention center.

"He was just never the same," Fonzo said.

http://www.cnn.com/2011/CRIME/08/12/pennsylvania.judge.sentenced/index.html

This man should burn in Hell!

[Bake]

69. Not long enough sentence, unfortunately.

About 500 years sounds right to me.

Bake

[xtraxritical]

71. I wish they were Capital offences.

[Naijabizcom]

73. Non is above the Law

The jailing a of former Judges shows no one is above the law.

[Rex]

75. Oh please, if only that was true. Why is GWB not in jail?

Nice try, but fail.

[Rex]

74. It is official, private prisons encourage perversity.

Of course that just means they will build a 100 more private prisons now.

[FiveGoodMen]

80. !

[Cal Carpenter]

81. THank goodness *someone* is getting real justice in this fucked up system of ours

How many kids were ruined because of these assholes?

This kind of shit happens way more often than we hear about but these fuckers were particularly egregious.