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BrownDoggie

(3 posts)
88. I'm a DU noob (so please be nice!)
Wed Jun 19, 2013, 05:08 AM
Jun 2013

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.
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...

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Pennsylvania Judge Sentenced For 28 Years For Selling Kids Flashmann May 2013 #1
US PIC system at its finest. PIC = Prision Industrial Complex nt kelliekat44 May 2013 #78
Sounds like he should have "judged not." Orrex May 2013 #2
Who could possibly have predicted this outcome from privatizing prisons? (sarcasm) (nt) Nine May 2013 #3
I can not say what I hope happens to this traitorous POS in prison Drale May 2013 #4
Be careful. Someone on DU will excoriate you Ilsa May 2013 #13
My 1st hidden post on DU was for thinking out loud re: this topic you are thinking about. In_The_Wind May 2013 #57
+1 SunSeeker May 2013 #72
Kick, rec, and 28 years isn't enough. Lock that bastard up and toss the key. MADem May 2013 #5
I say.... defacto7 May 2013 #52
Good! But he should get life in prison without possibility of parole. Auntie Bush May 2013 #6
If we can't pay for public prisons pipoman May 2013 #7
and just like skilling he'll skate after serving only a small portion of his 28 leftyohiolib May 2013 #8
Ok, but what about the company that bribed him? Are they still in business? Xipe Totec May 2013 #9
That's what I was going to ask. The briber should be facing serious jail time too. shraby May 2013 #10
see update in OP dixiegrrrrl May 2013 #19
Well, let's see here... dixiegrrrrl May 2013 #12
Were the people the judge put in jail freed? lob1 May 2013 #25
If I remember a lot of sentences were cut short and so on Posteritatis May 2013 #31
Looks like he just had to pay a fine? blaze May 2013 #35
a no good rotten bastard like this blueknight May 2013 #11
they should put him in the general population with some of the folks he sold up the river. spanone May 2013 #14
No. I disagree with this. jmowreader May 2013 #28
Justice, Health and Education should never be part of the free market system. LanternWaste May 2013 #15
And defense adieu May 2013 #62
Put him in general population. muntrv May 2013 #16
+1 In_The_Wind May 2013 #58
Essentially a life sentence. Good, and good riddance. CanonRay May 2013 #17
For profit prisons RainDog May 2013 #18
K & R n/t glinda May 2013 #20
Time to dump the for profit prisons! Initech May 2013 #21
K&R proverbialwisdom May 2013 #22
In this day and age...unbelievable Catherine Vincent May 2013 #23
Message auto-removed Name removed May 2013 #24
You really believe there are just two judges involved in the prison for profit racket? malaise May 2013 #33
Read the actual post. That's the opposite of what the poster said. n/t pnwmom May 2013 #38
Oops malaise May 2013 #40
Especially with a newbie pnwmom May 2013 #42
This message was self-deleted by its author malaise May 2013 #41
Welcome to DU, simplify! n/t pnwmom May 2013 #39
Good !!! WillyT May 2013 #26
good riddance to bad trash n/t warrprayer May 2013 #27
This criminal was sentenced on August 11, 2011. He has been in jail since then. John1956PA May 2013 #29
A fine example of GiveMeFreedom May 2013 #30
Throw away the effin keys malaise May 2013 #32
Putting kids in prison as sexual slaves. SCVDem May 2013 #34
through doubtless endless appeals he won't see a day in prison. stlsaxman May 2013 #36
He was sentenced in 2011 leftynyc May 2013 #60
not so much a "theory" as total lack of faith in our "Justice" system. stlsaxman May 2013 #79
Ah - that's certainly understandable leftynyc May 2013 #83
Isnt' this old news? Mark Ciavarella was sentenced in August 11, 2011 Tx4obama May 2013 #37
It frequently happens that sources print stuff with current dates dixiegrrrrl May 2013 #47
I hope the prison was reverted to the government and I wish the would legalize pot! Dustlawyer May 2013 #43
Instead of free weights and excercise SCVDem May 2013 #46
Sounds great! Unfortunately, people would break the law just to go to prison! Dustlawyer May 2013 #61
Just wait . . . another_liberal May 2013 #44
America has become a prison state with these "for profit" prisons davidn3600 May 2013 #45
The TV show, Leverage, covered this topic a few years ago displacedtexan May 2013 #48
Tip. Iceberg. Wednesdays May 2013 #49
Totally agree laundry_queen May 2013 #82
Private prisons are evil. woo me with science May 2013 #50
Private prisons should not be acceptable Matariki May 2013 #51
the developer needs more jail time too. HiPointDem May 2013 #53
Logical conclusion of a for profit prison industry. RedCappedBandit May 2013 #54
Human Merchandise Blue Owl May 2013 #55
why dont prison owners serve real time? sigmasix May 2013 #56
Good...let him enjoy prison jessie04 May 2013 #59
Justice was slow in coming perdita9 May 2013 #63
The gristmill of the gods grinds slowly... malthaussen May 2013 #65
This criminal had been in prison since 2011. OP refers to the 2011 sentencing. Old news. John1956PA May 2013 #76
Any coverage of this on the tee vee? Octafish May 2013 #64
Well, we have no tv, soooooo dixiegrrrrl May 2013 #67
THAT explains it. Octafish May 2013 #85
awww......golly gee whiz.... dixiegrrrrl May 2013 #86
This is a 2011 story which was well covered in its time. OP should state it is a 2011 story. John1956PA May 2013 #77
So what if it's 2011? In Detroit, practically no one knows about it. Octafish May 2013 #84
I have no problem that the story gets retold, it is just that the OP should clarify it is from 2011. John1956PA May 2013 #87
I'm a DU noob (so please be nice!) BrownDoggie Jun 2013 #88
And privatizing prisons brings it all to you! AllyCat May 2013 #66
Or... KansDem May 2013 #70
Video: Distraught mother lashed out at former Convected Judge Mark Ciavarella KansDem May 2013 #68
Not long enough sentence, unfortunately. Bake May 2013 #69
I wish they were Capital offences. xtraxritical May 2013 #71
Non is above the Law Naijabizcom May 2013 #73
Oh please, if only that was true. Why is GWB not in jail? Rex May 2013 #75
It is official, private prisons encourage perversity. Rex May 2013 #74
! FiveGoodMen May 2013 #80
THank goodness *someone* is getting real justice in this fucked up system of ours Cal Carpenter May 2013 #81
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