Kids for Cash (2013) | English Full Movie | Documentary — Transcript
Full transcript
- 0:35[music]
- 0:43[music]
- 0:53[music]
- 1:01>> Increasingly, juveniles are committing
- 1:03serious violent [music] crimes. In a
- 1:05recent 10-year period, the number of
- 1:07murders by teens aged 14 to 17 rose an
- 1:10astonishing [music] 165%.
- 1:12As judge, if given the opportunity to
- 1:15try a juvenile offender as an adult, I
- 1:17will. If you're a teen and convicted of
- 1:19murder, rape, or violent crimes [music]
- 1:21against our children or the elderly, you
- 1:23can expect that I will impose the
- 1:24maximum sentence allowed by law. Mark
- 1:27Ciavarella, a judge to protect all of
- 1:29us.
- 1:31Raise your right hand.
- 1:33Do you, Mark A. Ciavarella, Jr.,
- 1:35solemnly swear
- 1:37that you will support, save, and defend
- 1:39the Constitution of the United States
- 1:42and under this Commonwealth?
- 1:46>> [music]
- 1:53>> After Columbine, I would travel to the
- 1:56schools, and I would explain to the
- 1:58students that it's a zero-tolerance
- 2:00policy.
- 2:04I instructed the probation department
- 2:07that I would not tolerate
- 2:09violence in school,
- 2:11weapons in school. I didn't want drugs
- 2:13in school.
- 2:18I would tell them that high school
- 2:20shouldn't be ruined by 2% of the kids
- 2:22screwing it up for the other 98%.
- 2:29For the life of me, I don't understand
- 2:30how that was a bad thing.
- 2:39I did fight in school.
- 2:42And I knew, I mean, I knew I was going
- 2:43to get in some kind of trouble. You're
- 2:44not allowed to fight.
- 2:47I just wish I could go back in time and
- 2:50start over from then.
- 2:54I'm not a kid anymore.
- 2:56Life goes on. That's what I just keep
- 2:59telling myself as life goes on.
- 3:15>> [music]
- 3:27[music]
- 3:52>> When groups like you come here for just
- 3:54a kind of fun tour the courthouse and to
- 3:56find out what happens in Luzerne County,
- 3:58he's always the highlight of the tour.
- 4:00Not only is he our president judge, but
- 4:02he has traditionally handled all of the
- 4:05juvenile cases. All of the young people
- 4:07who come before the courts
- 4:08>> [music]
- 4:08>> go before Judge Ciavarella.
- 4:11And he has
- 4:12a wonderful, important message for you
- 4:15this morning. I'd like to introduce
- 4:17President Judge of Luzerne County, the
- 4:18Honorable Mark Ciavarella.
- 4:23>> [applause]
- 4:25>> Thank you, Kathy. Good morning.
- 4:28It's a pleasure to be here today,
- 4:31and it's a pleasure to see
- 4:33each and every one of you,
- 4:34and to get to deliver a message that I
- 4:37hope you listen to.
- 4:40I don't know what life has in store for
- 4:42you.
- 4:43I don't know what life has in store for
- 4:46me from this moment on.
- 4:49But I do know
- 4:51that there's only one person, one person
- 4:54in this whole world
- 4:55who can control what happens to me.
- 5:00That's me.
- 5:02And there's only one person in your life
- 5:05who can control what happens to you.
- 5:09And that's you.
- 5:12Whatever you have done in the past,
- 5:15whatever sins you have committed,
- 5:18you can't go back and undo it.
- 5:21You are going to have an opportunity
- 5:22today to experience
- 5:25what happens to people in prison.
- 5:29If you decide it's worth it,
- 5:31I'll be glad to put you there.
- 5:34I bought a moped. My parents bought it
- 5:36for me.
- 5:38It ended up to be stolen. [music]
- 5:40They paid $250 for it.
- 5:43I had it for, I think, like, 2 weeks.
- 5:47I guess someone saw me riding it and
- 5:49recognized it, and the cops came to my
- 5:51house.
- 5:52They read [music] the serial numbers or
- 5:54something, and they came up stolen.
- 5:58It just so happened to be that
- 6:00I bought something that was stolen.
- 6:04I tried to tell them this something's
- 6:05going on, and they told me that I was an
- 6:07overprotective parent. And I said,
- 6:09"Well, I don't know what that means. I
- 6:11said, but all I want is my son home."
- 6:15I was 12 years old, and uh I wanted to
- 6:17walk my younger brother to the bus stop.
- 6:20When I was 12, I had a I had a mouth on
- 6:21me.
- 6:23And I got into an argument with this
- 6:24little girl's mom. She was saying, "You
- 6:25shouldn't be using that language, blah
- 6:26blah blah." I mean, she was nowhere near
- 6:28as nice as I'm being about it right now.
- 6:29>> [music]
- 6:29>> And we got into a big argument. I was,
- 6:31you know, "F you, F you, F you." You
- 6:33know, it ended. It was nothing big, and
- 6:34I went to school, and uh I got to
- 6:35school, my principal came out, and uh
- 6:37first thing he did was, you know, "We
- 6:38got to pat you down. We got to search
- 6:39you." I knew there was something wrong
- 6:41that they were taking this [music] kid
- 6:43and locking him up time after time after
- 6:45time. There was never any such instance
- 6:47of guilt or innocence.
- 6:48>> [music]
- 6:48>> They were going. There was nothing.
- 6:50There was nothing anyone could do.
- 6:52Caller identified [music] himself as
- 6:54Officer Rusiski, and he said he was
- 6:56calling about my daughter, Hillary. She
- 6:59created a MySpace page, and I'm coming
- 7:01down to arrest her. [music]
- 7:03Ed was drinking.
- 7:05I
- 7:06remember Ed's father telling me that he
- 7:09knows [music] Ed's at this underage
- 7:10drinking party.
- 7:12He had this plan to go up with these two
- 7:15um cops that were friends of his, and
- 7:18they were going to go in, get Ed out of
- 7:20there, and get something on him that was
- 7:22going to get him caught, like, scare him
- 7:24straight kind [music] of thing. Little
- 7:26did I know that we have no rights, that
- 7:28he's in their custody now.
- 7:30I was in eighth grade. I was 13.
- 7:33Me and this girl, we used to be friends,
- 7:35but she was sitting there calling me a
- 7:36[ __ ] and a [ __ ] and I can't stand you
- 7:38because we weren't friends anymore. So,
- 7:40I threw a volleyball at her. Then, when
- 7:42she walked past me, she did one of those
- 7:43hair kind of flips in my face, and then
- 7:46I had it my
- 7:47>> [music]
- 7:47>> it was over. We ended up fighting. They
- 7:49took me to the office
- 7:51with the police officer. Called my
- 7:53father, told him to come get his crazy
- 7:55daughter out of their school. She's
- 7:56starting trouble.
- 7:58Your kid was locked up for slapping a
- 8:01girl. It shouldn't have never went any
- 8:03farther than the local magistrate
- 8:04[music] if the school wasn't satisfied
- 8:06with suspending her for 3 days. Not out
- 8:08to a juvenile judge.
- 8:11And then to find out it was all from
- 8:13greed.
- 8:15>> [music]
- 8:18>> This lady, she pulled my dad back, and
- 8:21she grabbed my arm, and she's like,
- 8:22"Come at me."
- 8:24Judge Ciavarella, he didn't even want to
- 8:27know anything from my side of the story.
- 8:32I was only 14.
- 8:34I couldn't believe that it was
- 8:36happening.
- 8:39I was just, you know, scared out of my
- 8:40mind. I cried in front of everyone in
- 8:42the courtroom for like 30 minutes.
- 8:46I remember him just turning around and
- 8:48looking at me, and I'll never forget
- 8:50that look.
- 8:56>> [music]
- 8:59>> Former Luzerne County Judge Mark
- 9:01Ciavarella faces charges [music]
- 9:02tonight. Prosecutors say he ruined
- 9:04countless young lives, sending children
- 9:06to jails in return for cash.
- 9:09Two judges [music] in Pennsylvania
- 9:11pleaded guilty today to taking huge
- 9:13payoffs to send teenagers to
- 9:15privately-run detention centers.
- 9:17>> Former judges Mark Ciavarella and
- 9:19Michael Conahan arrived at the federal
- 9:21courthouse.
- 9:21>> Prosecutors accused them of sending
- 9:23juveniles to a privately-run detention
- 9:25center.
- 9:25>> The evidence against [music] the former
- 9:27judges was compiled by the Federal
- 9:28Bureau of Investigation. In a scandal
- 9:31known as kids-for-cash, a kids-for-cash
- 9:34scheme. Dojin judges [music] are getting
- 9:36payback from the private sector. $2.6
- 9:38million in kickbacks in return for
- 9:41sentencing kids [music] to juvenile
- 9:43detention. Folks,
- 9:46that's not a bribe. I call that a
- 9:48justice bonus.
- 9:50>> [laughter]
- 9:50>> Young offenders, often with no prior
- 9:53record, were brought before these judges
- 9:55for charges as minor as writing prank
- 9:57notes. I don't deserve this. I mean, I'm
- 9:59not a criminal. These [music] people are
- 10:01wolves in sheep's clothing because the
- 10:04kids trust these people. The people in
- 10:06this county trusted this guy.
- 10:13>> [music]
- 10:24>> Times-Leader Terry Morgan. Okay, um so
- 10:25you're going to have a press conference
- 10:27and you're you're you're just getting
- 10:28people over there now. Judge Conahan and
- 10:30Judge Ciavarella had entered plea
- 10:32agreements with the federal government
- 10:34in which they were going to plead guilty
- 10:36to honest services fraud in a tax case.
- 10:39For Ciavarella, the key thing was that
- 10:41he had an obligation to tell the
- 10:43juveniles who were appearing before him
- 10:46that he had accepted money from this
- 10:48owner of this private juvenile detention
- 10:50center and that he did not do that. So,
- 10:52he deprived the public of his honest
- 10:54services.
- 10:56We'd interviewed Judge Ciavarella a
- 10:58number of times back in 2004 when we
- 11:00first started looking into what was
- 11:01happening in juvenile court. We'd
- 11:03actually gone to one of the schools
- 11:05while he was giving a presentation there
- 11:07because that was one of his big things.
- 11:09He went to every school every year and
- 11:12told them, "If you commit an an offense
- 11:13in school, I'm going to put you away."
- 11:16And that was his justification so that
- 11:17when they appeared before him, it didn't
- 11:19matter what the charge was. He'd ask
- 11:21him, "Were you there when I gave the
- 11:22speech?" Yes. "Did you hear what I
- 11:24said?" Yes. "What did I say?" "You said
- 11:26you put me away." "So, what do you
- 11:28think's going to happen now?" "You're
- 11:29going to put me away." "You're right.
- 11:31Take them out of here."
- 11:33I'm very shy, but once someone does get
- 11:36to know me, they find out that I don't
- 11:38shut up and I'm really loud. Um and I
- 11:41I'm extremely cynical and and and snarky
- 11:45and sarcastic and just a like I I made
- 11:48it my goal to be the funny guy. My
- 11:51girlfriends and I we started talking
- 11:53about how funny it would be if we made
- 11:55like a fake MySpace page about my vice
- 11:58principal and then it was decided that
- 12:01it had to be made and it was going to be
- 12:03hilarious.
- 12:05>> [music]
- 12:17>> The police officer said he was charging
- 12:19her with abuse of the internet,
- 12:22terrorism, stalking, one of which was a
- 12:26uh
- 12:27federal crime.
- 12:29And I'm like, "Oh my god." Like, I'm
- 12:31kind of freaking out. I told the officer
- 12:34that he was not speaking to my daughter
- 12:36without an attorney and that's when he
- 12:38started yelling.
- 12:39Telling me that parents like me try and
- 12:42get our children off and that's why
- 12:44they're bad kids and
- 12:46>> [music]
- 12:46>> as soon as I said no lawyer,
- 12:48he backed off.
- 12:50He said, "If you're going to be
- 12:51cooperative, you'll get instructions in
- 12:54the mail."
- 12:55And I was like, "He's telling us be
- 12:57cooperative and everything will be
- 12:58fine."
- 13:01When I came off the elevators, there
- 13:02were tables [music] and the woman slid a
- 13:04paper, a form, but it was blank. And she
- 13:07said, "Uh do you have an attorney?" And
- 13:09I said, "No." And she said, "Sign here."
- 13:11Okay, so I signed here.
- 13:14We were briskly brought into the
- 13:15courtroom.
- 13:17The judge leaned across the table and
- 13:20yelled, "What makes you think you can do
- 13:22this kind of crap?" And I had my hand on
- 13:25Hillary's shoulder so I could feel her
- 13:26backing up and I just whispered in her
- 13:29ear, "It's okay. It's okay."
- 13:31Things went very quick in the courtroom,
- 13:33>> [music]
- 13:33>> um about 60 seconds. And while I was
- 13:37being handcuffed, I could hear my mother
- 13:39wailing right next to me [music] and the
- 13:42woman who was cuffing me goes, "Look
- 13:43what you did to your mother." And I was
- 13:46just like I I was completely confused.
- 13:49[music]
- 13:51What flashed in my head is they just
- 13:53took my daughter away from me. She now
- 13:55legal and physical custody [music] is no
- 13:57longer mine and they're going to take
- 13:59her away. That's what that means.
- 14:01I don't know what to do. I was kind of
- 14:03numb.
- 14:04And then I started calling the locals,
- 14:07public defenders, the state, [music] the
- 14:10governor's action line. They told me to
- 14:11call the ACLU and they sent me to a
- 14:14woman at Rutgers University in New
- 14:16Jersey.
- 14:17And [music] she said, "Look, you're in
- 14:18Pennsylvania. I can't help you, but I
- 14:20know these wonderful people called
- 14:22Juvenile Law Center in Philadelphia."
- 14:27We received this phone call from Laurene
- 14:29Transue, Hillary Transue's mother, who
- 14:32told us a story that was eerily
- 14:35familiar.
- 14:37We first encountered Judge Ciavarella in
- 14:401999 and we had a call from a parent who
- 14:45contacted us about her then 12-year-old
- 14:48son who had been adjudicated delinquent
- 14:50by Judge Ciavarella.
- 14:53We were particularly interested in the
- 14:56fact that he had appeared without
- 14:57counsel in a violation of his
- 14:58constitutional rights. So, we appealed
- 15:00the adjudication and the Superior Court
- 15:03reversed this young man's delinquency
- 15:05adjudication.
- 15:07We had this impression that Ciavarella
- 15:10had been taught a lesson when we heard
- 15:12from Hillary Transue's mother because it
- 15:15was Ciavarella, because it was really
- 15:17just an identical situation. We wanted
- 15:21to understand whether or not this was a
- 15:23much broader problem.
- 15:25>> And Hillary suggested that it was. She
- 15:26said, "You know, I wasn't the only one
- 15:27in placement who was tried and sent away
- 15:30without a lawyer. There are other kids."
- 15:32We began to look at state data. Luzerne
- 15:35County had a rate of waiver of counsel
- 15:3710 times as high as the rest of the
- 15:39state. So, you had a really high number
- 15:41of kids appearing without counsel who
- 15:43were placed. These were all really
- 15:45really very red flags. The question for
- 15:48us at that point was what was really
- 15:50going on in Ciavarella's courtroom.
- 15:52We started to investigate further and we
- 15:54stood outside juvenile court. We started
- 15:56to get stories from from from kids about
- 15:59what had happened. Many of them were
- 16:00incarcerated for very minor offenses.
- 16:04Something's wrong here.
- 16:06I mean, I wanted to go stand on top of
- 16:07the Times-Leader building and scream,
- 16:09"Someone look at what's going on here.
- 16:11Someone please look at this." Once we
- 16:13put together the the picture that was
- 16:16emerging from Ciavarella's courtroom, we
- 16:18realized that
- 16:20the so-called promise of Ciavarella back
- 16:22in 2001 to respect the constitutional
- 16:25rights of kids to have counsel was an
- 16:27empty promise. We had to make a decision
- 16:29about what legal remedies we had
- 16:31available to us. We filed a King's Bench
- 16:34petition with the Pennsylvania Supreme
- 16:35Court to fix it. And for us, fixing it
- 16:37really was about undoing all of these
- 16:39convictions of these kids and expunging
- 16:42and erasing their records. We were not
- 16:44aware of the issue of the not having
- 16:45counsel. We didn't find out about that
- 16:47until 2008 when the Juvenile Law Center
- 16:50filed its petition. We were inundated
- 16:53with calls from parents saying, "That
- 16:56happened to me, too. They told me I
- 16:57didn't need an attorney. I went in
- 16:58there, 3 minutes in my kid was hauled
- 17:00away in shackles." This story after
- 17:03story after story. I I swear it was a
- 17:04broken record. Everyone independently
- 17:06told the same story.
- 17:07>> Immediately in the wake of our filing
- 17:09this application with the Pennsylvania
- 17:11Supreme Court, we received a call from
- 17:13someone identifying themselves as
- 17:15working for the FBI, which is not a call
- 17:17that we get every day here at Juvenile
- 17:19Law Center.
- 17:19>> But after speaking with Marsha and staff
- 17:22here and getting a sense of how the
- 17:23juvenile justice system operates and
- 17:24what we thought was going on,
- 17:26uh
- 17:27they got a search warrant and seized
- 17:29records.
- 17:32What they were interested in knowing
- 17:33from us was really tell us what you
- 17:36think was going on in Ciavarella's
- 17:38courtroom. How did you come to determine
- 17:40this? Tell us about the violations of
- 17:42right to counsel.
- 17:50She was a good kid, I guess I would have
- 17:52to say. She wasn't able to get away with
- 17:54very much of anything. She had an older
- 17:56brother and two older sisters. So, they
- 17:59kind of watched out for
- 18:00>> [music]
- 18:00>> but she was happy. You know, she wasn't
- 18:03a sad kid. She was never depressed, you
- 18:05know. [music] She was a singer. She was
- 18:07in chorus. When she was a little girl,
- 18:10Amanda and her sister missed, I would
- 18:13say like one day [music] of school.
- 18:15My mom and dad separated, but we still,
- 18:18you know, spent time with each other.
- 18:21I was straight A student, then I went
- 18:23starting to the Bs. As I was getting
- 18:25older, I started getting into Bs and not
- 18:27paying so much attention. I had like a
- 18:28crowd of friends that, you know, I
- 18:30wouldn't really my parents wouldn't
- 18:32really want me around, but then I had
- 18:33another crowd of friends that were like
- 18:35really positive with me. I was trying my
- 18:38best in school to stay out of trouble,
- 18:39you know what I mean, but it wouldn't
- 18:40work out all the time. That's when
- 18:43everything started.
- 18:46Raising the four boys, it wasn't easy,
- 18:48but we did a lot of together stuff. I
- 18:50mean, we struggled, don't get me wrong.
- 18:52It was a single parent home, single
- 18:53[music] income. I remember we used to
- 18:55have like a family game night. We would
- 18:58just sit around and play board games all
- 18:59night, which I thought was pretty cool
- 19:00because, you know, you see people doing
- 19:01it on commercials. So, that you know,
- 19:02puts in your mind that this is what it's
- 19:04supposed to be. You know what I mean? If
- 19:05you're not doing this, you're wrong.
- 19:06>> At that time, Justin was acting out. I
- 19:08was newly divorced. He wasn't a bad kid.
- 19:11He was just getting cocky.
- 19:13Justin was always a busy child. He was
- 19:15always extremely intelligent. He had a
- 19:17genius IQ by the time he was 7. I
- 19:19started like building like little
- 19:20websites and I got into computers, but
- 19:22that was before I was, you know, getting
- 19:25locked up and stuff.
- 19:27I would believe it was a normal
- 19:28childhood. I mean,
- 19:32I did everything [music]
- 19:33that every kid would do. I pretty much
- 19:36grew up camping, just state forests and
- 19:39stuff around here. My favorite thing was
- 19:42actually just being with my family. It
- 19:44was time spent with them.
- 19:46Once uh Charlie went to school, he
- 19:49wanted to go to school, wanted to go to
- 19:50school and uh
- 19:52the first day of school he went to
- 19:53school and he came back and he said I'm
- 19:55not going. He had a very tough time
- 19:58from then. There's a a little piece of
- 20:01skin that grows in your mouth on the the
- 20:03bottom. It had grown to his teeth, which
- 20:06made not only his vowels bad, it made
- 20:10every sound of the alphabet bad.
- 20:13Once he got out of uh
- 20:15elementary school, they put him in
- 20:18Plains Alternative Learning School,
- 20:20>> [music]
- 20:20>> and that is where
- 20:23um really the the trouble began. He'd
- 20:26come home and he'd say, "I shouldn't be
- 20:28there. I don't know where I should be,
- 20:29but this isn't the school for me." He'd
- 20:32say, "Mom, these these kids are bad."
- 20:34When I turned 14, [music]
- 20:36it just went down downhill.
- 20:40The first day I walked into the
- 20:41courthouse, I already went in with a
- 20:43feeling that something big unexpected's
- 20:45going to [music] happen. I'm already
- 20:46scared right from as soon as I got out
- 20:47of bed that morning. Like something's
- 20:48going to happen. I'm going to see a guy
- 20:49with a lot of power.
- 20:51This may not be good for me. We got to
- 20:52the the court building, and it's loaded.
- 20:56There's tons of people there. I didn't
- 20:58think [music]
- 20:59anything of it. Like I thought I was
- 21:01coming back home and everything. The
- 21:03dome inside the old courthouse is just
- 21:05so big. It's like it was designed to
- 21:06make you feel small. It was designed to
- 21:08scare me. You know what I mean? And it
- 21:10it worked. We were literally in there a
- 21:12minute and a half at the most. The judge
- 21:15had already had everything in front of
- 21:16him. All he did was look through some
- 21:18papers, and then he told me
- 21:21that was that was
- 21:23I was a troubled kid.
- 21:26And I don't think I was. It wasn't just
- 21:29the scooter. Judge Ciavarella actually
- 21:31took into account that Charlie was
- 21:33having problems in school.
- 21:35How did he put it now? What this appears
- 21:37to be is parents that have lost control
- 21:41of a child. And he said, "I think it's
- 21:44time for me to get this child back in
- 21:46control."
- 21:48And uh
- 21:49he said the Camp Adams 90 days.
- 21:53And they shackled my son and took him
- 21:55away, and that was that was
- 21:59They should not do that. They should not
- 22:01do that at all in front of a parent.
- 22:03That was the most horrible thing.
- 22:07I will never ever forget that part of
- 22:10it.
- 22:12They made me kneel with my knees on a
- 22:15chair, and they picked up my jeans, and
- 22:17they shackled my legs.
- 22:19And there's this little belt, and they
- 22:21shackled with a belt. They tied in the
- 22:22back, and they kept me in the shackles
- 22:24till we got to the detention place. That
- 22:26was
- 22:27crazy. I felt like I was a grown adult
- 22:30going to a big jail. Like if I'm
- 22:33thinking of a 13-year-old mind brain
- 22:35now, you know what I mean? And I'm going
- 22:36in these gray sweatpants and these
- 22:38shackles and handcuffs, and
- 22:40that makes me feel like I'm a really
- 22:41really bad kid. So while I'm having all
- 22:43my hands, I was like
- 22:45I didn't I was confused. us in this big
- 22:47van.
- 22:48They drove us up to LCJC.
- 22:52Most of what you see first is fences.
- 22:5420-ft tall fences with a rows of razor
- 22:56wire like I'm a convicted criminal, like
- 22:58I'm a a murderer. And that's what it
- 22:59feels like. You you feel like
- 23:01I'm now one of those people you see in
- 23:03the movies. Slider, please.
- 23:07I woke up in a nice bed with my family,
- 23:09and I went to sleep with cockroaches and
- 23:11criminals.
- 23:14Every time you went into a room, you had
- 23:15to do a roach look. Like to make sure
- 23:17there's no roaches anywhere.
- 23:19It's dirty, there's stains in the walls,
- 23:21and it's echoey like in the movie
- 23:22prisons. Like throughout the like the
- 23:24cell blocks.
- 23:25>> I was scared every day. I was scared
- 23:27every day because of the fact that I
- 23:28wasn't at home.
- 23:30I hate the fact that I can't go to
- 23:31school. Like that's your childhood life,
- 23:33growing up and going to school.
- 23:36You never realize how much you miss your
- 23:38parents until you're away from
- 23:43I feel like my heart was ripped out. So
- 23:45I was just depressed.
- 23:49You can't do nothing. You can't talk to
- 23:50nobody to come home early. Like you
- 23:52couldn't have in jail. You can't bail
- 23:53nobody out.
- 23:55They treated you like you were a piece
- 23:56of [ __ ]
- 23:58They used to just talk to you how they
- 23:59wanted to.
- 24:04All the kids are looking at you like,
- 24:05you know, who's this guy? You know, is
- 24:07he someone I'm going to have to worry
- 24:08about? Is he someone that I can take his
- 24:09stuff?
- 24:12I talked to staff more than the actual
- 24:13residents.
- 24:14I felt safe in that because a staff
- 24:16member isn't going to beat you up, at
- 24:18least not in this facility.
- 24:21You did a lot of like
- 24:23physical training, like running and
- 24:26jumping jacks and stuff.
- 24:28You stayed in your cell almost all day.
- 24:32The only time you leave is to go eat
- 24:35three times a day.
- 24:39The first 2 weeks, I didn't even have a
- 24:40pillow.
- 24:43Like you had to earn a pillow.
- 24:46All your hours in this little tiny room.
- 24:51Do your school work from in there and
- 24:53everything.
- 24:57Near the end of my stay, a kid said, you
- 24:58know, I had a home pass, and he goes, "I
- 24:59snuck in some weed." And I was 12, I
- 25:01never tried it. I was very interested
- 25:04just because, you know, 3 months of
- 25:05living around criminals, you're like,
- 25:06"Yeah, I want to do it, man. I want to I
- 25:07want to try it, too, you know?"
- 25:11That was the first time I'd ever done
- 25:13it. And that I was like, "Wow, you know,
- 25:15it was fun." Not even getting high part,
- 25:17it was just, you know, the unity.
- 25:20I'd write a lot of letters.
- 25:23They're not letters. They're more like,
- 25:24I don't know.
- 25:26Poemish things.
- 25:29Life presents us with challenges that we
- 25:32must overcome.
- 25:34And sometimes all the detours can leave
- 25:37the senses numb.
- 25:40Life is filled with stumbling blocks we
- 25:42pass along the way.
- 25:44But it can become a stepping stone when
- 25:46love comes into play.
- 25:49Wherever there is an obstacle that we
- 25:51must rise above, it helps to overcome it
- 25:54with an attitude of love.
- 25:56For anger never solves a thing, and
- 25:59stress will bring us down. But love
- 26:01unlocks the doorway where hope and faith
- 26:04are [music] found.
- 26:07Life presents us with challenges that we
- 26:10must rise above.
- 26:12And blessed is he who can maintain an
- 26:14attitude of love.
- 26:18I tried writing the judge a letter.
- 26:22I was just telling him like I learned my
- 26:24lesson. I never fought before. I
- 26:26apologize. Can you give me another
- 26:28chance? I just want to let me out on
- 26:29house arrest.
- 26:31>> [music]
- 26:31>> I said, "Will you let me out on
- 26:32probation? I miss my family. This is
- 26:34weird to me." And I said all that stuff
- 26:36to him.
- 26:39And I get nothing back.
- 26:42I just
- 26:43gave up, and I did my time.
- 26:46And the next thing you know, 4 years of
- 26:48my life just keeps going on, and keeps
- 26:49going on, and keeps going on.
- 26:57Kids were being sold for cash
- 27:01by former Luzerne County President Judge
- 27:04and Juvenile Judge Mark Ciavarella.
- 27:08And we're talking about what happened to
- 27:10them at the hands of this abusive judge.
- 27:15I'm Corbett. You're listening to WILK AM
- 27:18103.1 FM.
- 27:20Hello, Judge.
- 27:22Jim Avila, ABC News 20/20.
- 27:25You know, a lot of people are wondering
- 27:26how a man of such distinction like
- 27:27yourself
- 27:28could have gotten in so much trouble and
- 27:31sold these kids down the river.
- 27:32>> Well, let's stop right there. Didn't
- 27:34sell any kids down the river. I showed
- 27:36him in black and white what the US
- 27:38Attorney had charged, that he sentenced
- 27:40kids for cash. It's not what you think
- 27:43it means. Go talk to the juvenile people
- 27:45in Luzerne County, and you will
- 27:46understand what that means. This doesn't
- 27:47mean that you got improper money
- 27:50for placing juvenile offenders into PA
- 27:52child care. Yes.
- 27:53That's what it says. We came to a plea
- 27:55agreement. I'm not pleading guilty to
- 27:57anything relative to cash for kids,
- 27:59embezzlement, extortion,
- 28:01quid pro quo. Absolutely not.
- 28:04The judges initially entered a plea
- 28:06agreement with prosecutors in January of
- 28:082009. And the plea agreement they signed
- 28:11specified a specific sentence of 87
- 28:14months.
- 28:15Over the course of that time period,
- 28:18though, Ciavarella had spoken out
- 28:20publicly that he still maintained that
- 28:23he did not do anything wrong. I
- 28:25specifically remember one time that he
- 28:27was talking to one of the the television
- 28:29stations.
- 28:30He just adamantly maintained that, you
- 28:32know, he never jailed a kid for cash. It
- 28:34was always because he felt it was in the
- 28:35best interests of the of the juvenile.
- 28:38And he said that.
- 28:40And I and I was watching him, and I
- 28:41looked to my husband, and I said, "You
- 28:42know what?
- 28:43That judge is going to reject that plea
- 28:45agreement because of what he said." Good
- 28:47evening, everyone. I'm Candace Kelly.
- 28:48>> And I'm Drew Speier. Ciavarella and
- 28:50Conahan were previously accused of
- 28:52orchestrating what's been called one of
- 28:53the worst judicial scandals ever. But
- 28:56their plea deals bottomed out. Now the
- 28:58US Attorney's Office has filed a whole
- 29:01new case. In February, Conahan and
- 29:03Ciavarella pleaded guilty to honest
- 29:05services fraud, and were set to go to
- 29:07prison for 7 years. In July, a federal
- 29:10judge knocked that plea deal right off
- 29:12the table. Conahan was called an
- 29:14obstructionist, and the federal judge
- 29:16claimed Ciavarella denied his role in
- 29:18making cash off of imprisoning kids.
- 29:21They're now charged with money
- 29:22laundering, bribery, extortion, fraud,
- 29:25racketeering, and federal tax
- 29:27violations.
- 29:31Like I said, I just discussed it with
- 29:32everything, you know what I mean? I
- 29:34mean, here here's a guy that, you know
- 29:35what I mean?
- 29:37One of the best positions you can be in,
- 29:38a judge. A job of honor.
- 29:41And making terrific amount of money.
- 29:45Not counting all the gratuities, you
- 29:46know what I mean? He he to go
- 29:48and do this on top of everything else. I
- 29:50mean, that's just total greed.
- 29:53He was a public servant. He was trusted
- 29:55by the people to do a job. And he took
- 29:57advantage of us of us all. And that's
- 29:59very disheartening and it's pretty
- 30:00disgusting. I mean, he took advantage of
- 30:03you know,
- 30:04children that may have made a mistake
- 30:05somewhere along the line. He took it to
- 30:08the extreme. Like that fight in the
- 30:09school yard. We all got in fights in the
- 30:11school yard. You know, what I mean? I
- 30:13mean, there was a simple things that
- 30:14shouldn't have been sent to the
- 30:16detention center.
- 30:18I've known uh Mark Ciavarella for a long
- 30:21time. He was a, you know, very decent
- 30:23person, you know. And I was shocked when
- 30:25I found out what was going on.
- 30:28So, I I I just think he was a I won't
- 30:30say victim, you know, but he
- 30:32he just fell into a
- 30:33into a bad situation.
- 30:38Since the plea agreement was
- 30:40rejected, he he's not speaking to the
- 30:42media. He's learned to finally keep
- 30:44quiet.
- 30:46Are you ready to go to prison, Mark?
- 30:48Do you find it exonerating?
- 30:54I have not told my attorney that I
- 30:57agreed to do this documentary.
- 31:00And maybe
- 31:01me doing what I'm doing is going to come
- 31:03back
- 31:05to hurt me.
- 31:06But I felt this was an opportunity for
- 31:08me to let people know what really
- 31:10happened. I'm not this mad judge who was
- 31:13just throwing kids away and shipping
- 31:15them out and locking them up and putting
- 31:17them in shackles. No one would ever look
- 31:20at the whole picture. They only wanted
- 31:22to look at a little bit of the picture.
- 31:25All the media ever focused on was cash
- 31:27for kids.
- 31:29If that was something that the feds
- 31:31wanted to charge us with,
- 31:33then bring the charges and we'll go to
- 31:35trial.
- 31:37When Mark ran for judge, I
- 31:39I didn't know Mark that well.
- 31:41He came on the [music] bench in '96.
- 31:43That's when we started working together
- 31:45and developing a relationship and
- 31:46friendship.
- 31:47And we became very, very close friends.
- 31:50And still are today.
- 31:52Mark was a tough juvenile judge. But
- 31:55from all of the feedback I got when I
- 31:58was president [music] judge, from law
- 31:59enforcement, parents, the
- 32:02superintendents at the schools [music]
- 32:03and principals, uh told me he was
- 32:06working.
- 32:07He was doing a great job. I
- 32:09>> [music]
- 32:09>> I had never had a lawyer or anyone ever
- 32:11come to me and say that Mark was doing a
- 32:14bad job as juvenile judge or didn't have
- 32:17the interest of the kids at heart.
- 32:21Judge Ciavarella said did not plead
- 32:23guilty to kids for cash, I did not jail
- 32:25kids for money. But in reality, he never
- 32:27plead guilty to kids for cash. That's
- 32:29when the whole kids for cash angle was
- 32:30born.
- 32:32People saw they had a juvenile judge who
- 32:34was sending kids to a center. He got
- 32:36money from that center. They put one
- 32:38plus one together and it equaled two.
- 32:41And that really is an oversimplification
- 32:43of what happened.
- 32:44Mark started to talk about the
- 32:46deplorable conditions over the juvenile
- 32:48facility.
- 32:49Actually went to the commissioners and
- 32:51said, "We need you to build a new
- 32:53detention center."
- 32:56The commissioners said that they would
- 32:58build a facility, but they wanted to
- 32:59wait till after
- 33:00the election.
- 33:02The election came and went. There was no
- 33:05facility being built.
- 33:07From that point forward,
- 33:09my goal was to get a facility that was
- 33:11going to be safe
- 33:13and clean and an environment where I
- 33:15would feel comfortable if my kids had to
- 33:18go.
- 33:19Judge Ciavarella came in to see me one
- 33:21day and he said, "These guys aren't
- 33:22going to build this thing. It's never
- 33:24going to get done.
- 33:25You're good at putting investors
- 33:27together and doing things."
- 33:28>> [music]
- 33:29>> He said, "Why don't you try to put a
- 33:30group of investors together to build a
- 33:31juvenile detention center to lease it to
- 33:33the courts or the county." I said,
- 33:35"Okay, fine. I will."
- 33:39Judge Conahan was uniquely qualified to
- 33:41bring this deal together. He had a
- 33:43degree in finance and he was also a very
- 33:45wealthy and astute businessman. He had
- 33:47multiple business dealings in addition
- 33:49to being a judge. So, Conahan decided he
- 33:52was then going to seek out investors,
- 33:53including Robert Powell, who was a very
- 33:55good friend of his, to see if they could
- 33:57get money together to build a private
- 33:59for-profit center [music]
- 34:00that they then could lease to the
- 34:01county.
- 34:02Powell did that.
- 34:03Next, it goes back to Ciavarella.
- 34:06He was very good friends with Robert
- 34:08Mericle. He'd known him since uh Mericle
- 34:09basically was a kid.
- 34:11Mericle owned a construction company
- 34:13that specialized in in doing commercial
- 34:15developments. He suggested that Mericle
- 34:17put a bid in on the project, which
- 34:18Mericle did.
- 34:20He was the low bidder. He won the
- 34:22contract and then he built the center,
- 34:24which was owned by Powell and others.
- 34:26At some point, Robert Mericle walked
- 34:29into Ciavarella's chambers
- 34:31and told him that he was going to pay
- 34:33him a finder's fee as a reward for
- 34:35referring him. Ciavarella, on his own,
- 34:37decided that he was going to split it
- 34:39evenly with Judge Conahan. His reasoning
- 34:42was that Judge Conahan was the person
- 34:44who had put the deal all together. So,
- 34:45he felt that he was deserving of half
- 34:47the money.
- 34:50Rob Mericle was awarded the contract and
- 34:53after the contracts were in place,
- 34:56he said to me, and I'll never forget it,
- 34:58"This is your lucky day."
- 34:59And that's when he told me he was going
- 35:00to pay me a finder's fee. And that's
- 35:02when I asked him, "Is this legal? Is
- 35:03this something you can do?" And he said,
- 35:05"I do it all the time. Anybody that
- 35:06brings me a project, I pay them a
- 35:08finder's fee. And I'm going to pay you
- 35:10one."
- 35:1510% [music] of his construction cost,
- 35:17$2.2 million.
- 35:25I'm real good at this. I'm a news guy. I
- 35:27do this for a living. Now, from the
- 35:30Entercom Radio Studios in Northeast PA,
- 35:34here's Corbett. We're talking about
- 35:37justice. We're talking about lawyers.
- 35:39We're talking about kids for cash.
- 35:42Let's go to Michelle. Michelle calling
- 35:44from Harvey's Lake.
- 35:46What's your take on this today,
- 35:47Michelle? This thing that it was a
- 35:49finder's fee, I absolutely do not
- 35:52believe that any of the people involved
- 35:54believe that. When you pay a judge cash
- 35:56money for anything other than
- 35:59the job the judge is paid by the
- 36:02taxpayers to do,
- 36:04they call that a bribe. They call that a
- 36:06kickback.
- 36:09They accepted approximately $2 million
- 36:12from Robert Mericle. They claim it was a
- 36:14finder's fee.
- 36:16Finder's fee is not illegal. It happens
- 36:18a lot in real estate.
- 36:20What happened with Ciavarella, the
- 36:22reason it was illegal is he got the
- 36:23money and then he made judicial
- 36:25decisions without advising the people
- 36:28who were appearing before him that he
- 36:29took that money.
- 36:31And he also had not reported the income
- 36:33that he received on his taxes for that
- 36:35year.
- 36:36That is the only thing he has he is
- 36:37admitting to. Anything else regarding
- 36:40the kids for cash, he does not
- 36:41acknowledge.
- 36:43The first monies that we received were
- 36:46paid into Beverage Marketing. It was a
- 36:47company that Mike Conahan owned. He said
- 36:50to me, "Look it,
- 36:51I'm going to pay the taxes
- 36:53on
- 36:54this money." Unfortunately for me, he
- 36:56never paid the taxes.
- 36:58But what I ethically did wrong was I did
- 37:00not put Rob Mericle's name down on my
- 37:02ethics statement that I filed with the
- 37:04Supreme Court that I received income
- 37:07from an outside source.
- 37:08And and that was wrong. I had two
- 37:10choices.
- 37:12I could
- 37:14take the money and report it.
- 37:17And if I wasn't going to report it,
- 37:19don't take it.
- 37:21Well, I chose to take the money and not
- 37:22report it. But did I think it was a
- 37:24crime? No.
- 37:26Did I know I was committing an ethical
- 37:27violation? Absolutely. And the dark side
- 37:30is I wasn't strong enough
- 37:33ethically
- 37:34to not do that.
- 37:37I was concerned how people would
- 37:38perceive the juvenile court judge
- 37:40getting a finder's fee from the person
- 37:42who built the facility. It wouldn't be
- 37:44perceived too well.
- 37:46Well, unfortunately, that wasn't a good
- 37:48story. Cash for kids was a better story.
- 37:51Fill me with flaming desire. Normally,
- 37:55I'd make some kind of a crack about this
- 37:56being the kind of music that they play
- 37:58at the going away parties for gangster
- 38:00lawyers, but since we have Cliff Haines
- 38:03on the line, who's the president of the
- 38:05Pennsylvania Bar Association, I'll cut
- 38:07you a break, Cliff. I won't say that.
- 38:09>> But I think they plead guilty
- 38:11conditionally
- 38:13to a theft of honest services. Correct.
- 38:16What does that mean? They didn't plead
- 38:17guilty to
- 38:20sending children to a juvenile
- 38:24institution in return for cash.
- 38:26>> See, the federal government will argue
- 38:27with you that they did in fact do just
- 38:30that. Cliff Haines is the president of
- 38:32the Pennsylvania Bar Association. Come
- 38:34back, we'll talk MORE WITH HIM. YOU
- 38:36BETTER LISTEN.
- 38:38The government said from day one that it
- 38:40was a quid pro quo. Now, Ciavarella was
- 38:42saying, "No, that's not true." And we
- 38:44started to see that this might not come
- 38:47together as smoothly this plea agreement
- 38:49as as had originally been hoped for.
- 38:52All I know is
- 38:54the deal is off
- 38:56and we're supposed to get ready for
- 38:57trial. The feds say he sold kids for
- 39:01cash. That's what the feds say they will
- 39:04prove
- 39:06if this case goes to trial.
- 39:12Juvenile Law Center? I think what
- 39:14Ciavarella did was akin to putting on a
- 39:17robe and setting up a courtroom in his
- 39:19garage.
- 39:21When I received the call from Lorraine
- 39:23Transue and she told me what had
- 39:25happened to her daughter, who at that
- 39:26point was a sophomore in high school,
- 39:27our first concern was to get Hillary out
- 39:30of placement and to undo the
- 39:32adjudication of delinquency.
- 39:35The day of my new court hearing, we
- 39:38walked up to Judge Ciavarella and said
- 39:42that the original trial that we held was
- 39:45without an attorney and that
- 39:48I [music] did not know that I had waived
- 39:50my right to attorney.
- 39:52And that we had to have another trial.
- 39:55Ciavarella said, "All right, fine.
- 39:58You've got a week then."
- 40:01The night before I [music] had the
- 40:03second court hearing, the Juvenile Law
- 40:06Center was trying to work out something
- 40:08called a consent decree.
- 40:11A consent decree works similar to
- 40:13probation, except the terms are sort of
- 40:16negotiated. And at the end of the
- 40:18consent decree, my record would be
- 40:20expunged.
- 40:22Unfortunately, [music] the victim had to
- 40:24agree to the consent decree also.
- 40:27That day at court, we went in and
- 40:30Ciavarella [music] was like,
- 40:32"Wow, the the victim agreed to this? I
- 40:36guess I'll accept, [music] but
- 40:38you know what I think should be done
- 40:39with you so that you'll learn your
- 40:41lesson." He seemed pretty bent on
- 40:44sending me back.
- 40:47The failure around the country for too
- 40:49many years, and uh
- 40:51for actually decades, is that facilities
- 40:54have used a quarantine model. We'll just
- 40:55keep a kid out of their own home
- 40:57communities for a period of time with
- 40:59different people, and they will be cured
- 41:02somehow of their behavior, uh or at
- 41:05least won't be misbehaving at home.
- 41:07And when they return, they'll be better.
- 41:09Well, it doesn't happen that way
- 41:09automatically. Placement of a child
- 41:11outside the home is an unnatural act
- 41:13when it's done involuntarily. It can be
- 41:14very traumatic and it disrupts normal
- 41:17adolescent development.
- 41:21They never let you out without
- 41:23probation.
- 41:24I got into a lot of trouble in school. I
- 41:25would talk back to my teachers. I was
- 41:27not a big fan of homework. And uh they
- 41:30instead of saying go to the principal,
- 41:32to me it was go to your probation
- 41:33officer cuz he was right downstairs.
- 41:37I mean, it was things like I jumped over
- 41:39a table in the lunchroom one time, and
- 41:40since my PO was in the school, that was
- 41:42a violation.
- 41:44As soon as I got down there, he pulled
- 41:45out a pair of handcuffs. He's like, "All
- 41:47right, if you do this again, you're
- 41:48going away till you're 21." That's
- 41:49scary.
- 41:50>> [laughter]
- 41:51>> When you know, when someone's sitting
- 41:52there and they say, "You know, if you
- 41:53mess up again, you're going to get 8
- 41:54years." And you know, I I'm not past
- 41:56puberty yet.
- 41:59One of the disturbing features about the
- 42:00juvenile justice system is that once
- 42:02kids get into the system, it's
- 42:03incredibly difficult for them to get
- 42:05out. There's a There's a mechanism that
- 42:08takes over that keeps kids in that
- 42:10system. If they get out of a facility,
- 42:12they're on probation. There are vast
- 42:15numbers of kids across the country who
- 42:16are picked up while on probation and
- 42:19re-incarcerated for technical probation
- 42:21violations.
- 42:22It is often a story that can go on not
- 42:25simply for months, but can go on for
- 42:27years. I had to see that Ciavarella's
- 42:29face so many times I could sketch it
- 42:30from memory.
- 42:33Ciavarella's like 3 and 1/2 ft on a good
- 42:35day, but he has this this stand and this
- 42:37chair that are just enormous. So, I
- 42:40mean, I I'm seriously like this. My neck
- 42:41hurt and trying to see this guy.
- 42:44He sentenced me to Northwestern Academy,
- 42:46which is like shave my head, military,
- 42:49like screaming in my face. I'm 14
- 42:50[music] years old, 13. Like,
- 42:52"Dude, what do you want? I jumped over a
- 42:54table."
- 42:55You don't get a 12-year-old put him in a
- 42:57placement with all these like criminals
- 42:59and expect him to come out saying, "You
- 43:00know, I'm going to be an outstanding
- 43:01citizen." Oh, he comes out knowing how
- 43:03to make explosives, knowing how to rob a
- 43:05place and not get caught. [music]
- 43:06Like, these kids would tell me things
- 43:07that I really did not need to know at,
- 43:10you know, 12, 13, 14.
- 43:14I just wanted to escape so bad. [music]
- 43:16I started drawing.
- 43:21The first run is in a cage because I was
- 43:23locked up. You used to like in a cage
- 43:25all day.
- 43:26The second one was a footstep, you know,
- 43:27the actual act of me getting out of
- 43:28there cuz I I kind of saw it as like a
- 43:30threefold process.
- 43:33And the last one is like the stripes of
- 43:34the flag in it. Like, standing tall, I'm
- 43:36free now.
- 43:38You're stuck, you're out. You stay out.
- 43:44When I did get released, that actually
- 43:46probably was the happiest day of my
- 43:47life.
- 43:48>> [sighs]
- 43:53>> When you jump in,
- 43:55Oh my god.
- 43:58My son, Eddie, he was always just a
- 44:00fireball.
- 44:022 years old, he rode a bicycle without
- 44:04training wheels.
- 44:07Ed's father, we weren't together for
- 44:09real long, but he was always part of his
- 44:12life.
- 44:13Ed was, I would say, 8 or 9 years old
- 44:17when the school started saying that he
- 44:20had attention deficit disorder. He was
- 44:22put on Ritalin.
- 44:24I didn't like what it was doing to him,
- 44:26and we didn't last long on it. I just
- 44:28thought that I'd rather him be him, and
- 44:31whatever we have to work on and deal
- 44:33with,
- 44:34we would just work on, and um he would
- 44:36learn that way.
- 44:38Ed was always a great kid, a respectful
- 44:41kid.
- 44:42But once he got older, 14, 15 years old,
- 44:45he did drink.
- 44:47I heard through his grandmother telling
- 44:50me that Ed's father was drinking, and
- 44:52she said Ed was drinking, too.
- 44:56I never thought that was appropriate. He
- 44:59needs you as a father, not not as his
- 45:01friend. I became, I think, the mother
- 45:03and the father.
- 45:05The summer before his senior year, I'd
- 45:07catch him sneaking out to go out with
- 45:09his [music] friends. And his dad saw him
- 45:10the one time coming home, and he had way
- 45:12too much to drink. His dad had this plan
- 45:15to go up with these two cops that were
- 45:18friends of his, and they took the pipe
- 45:22that was at this party and put it in his
- 45:23truck so that it would be, you know, in
- 45:25his possession.
- 45:27All we ever wanted was the best for Ed,
- 45:30you know, nobody's going to do anything
- 45:31that, you know, you think [music] is is
- 45:33going to hurt your kid.
- 45:36I just remember standing in front of the
- 45:38judge, and all I remember him saying
- 45:41is, "I'm sending you to the juvenile
- 45:43detention center for you to sit and
- 45:45think about what you've done."
- 45:48He went in there as a 17-year-old, you
- 45:50know, free-spirited kid, and then he
- 45:53came out of there like a like a hardened
- 45:55man, I would say.
- 45:58It wasn't long after he was out of there
- 46:00that
- 46:01he ended up getting into a fight
- 46:04because he was still on probation. He
- 46:06would have to go back in front of Judge
- 46:08Ciavarella. Everybody was saying that if
- 46:10you go back in front of him, he's going
- 46:11to lock you up till you're 21.
- 46:13Wasn't even 18 yet. So, um that's when
- 46:16he ran away.
- 46:19Went to Florida.
- 46:21He's probably gone for
- 46:23a month, and then he came home.
- 46:262 whole years went by.
- 46:28He was working in construction.
- 46:31He seemed to be happy again, you know,
- 46:33like, you know, just getting back to
- 46:35normal, but there was still that warrant
- 46:37from Judge Ciavarella.
- 46:39Ed did get in a little fender bender,
- 46:41and Judge Ciavarella sentenced him now
- 46:44to a juvenile detention center, and he's
- 46:46in this facility with 13- and
- 46:4814-year-old kids.
- 46:51Ed came out, and all I saw of him is
- 46:54that, you know, he was just just pent up
- 46:57with anger, he was.
- 47:00Ed got into a fight again,
- 47:02and uh
- 47:04he was charged with aggravated assault.
- 47:06So, he went to state prison.
- 47:11Kids are not just small adults, and the
- 47:14notion that kids who commit crimes
- 47:17should be punished in the same way as
- 47:19adults really ignores some very
- 47:21fundamental things that we now know
- 47:23about kids.
- 47:27The part of their brain uh that really
- 47:29governs their decision-making capacities
- 47:32and their exercise of judgment [music]
- 47:34is the last to develop, and so it
- 47:35continues to develop uh well into the
- 47:38early 20s.
- 47:41Their decision-making capacities are
- 47:42less mature.
- 47:44Their appreciation of risk is
- 47:46significantly less developed than that
- 47:49of an adult. Their understanding of the
- 47:51consequences of their behavior is
- 47:53significantly less developed than that
- 47:55of an adult.
- 48:03Two judges stand criminally charged.
- 48:07Whether they are guilty or innocent is
- 48:09not for this [music] commission to
- 48:11decide. Our focus is on developing
- 48:14recommendations to improve
- 48:16Pennsylvania's juvenile justice system.
- 48:19Our concern is also the inaction of
- 48:22others.
- 48:23Those who knew but failed to speak.
- 48:26Those who saw but failed to act.
- 48:30Here I was saying, "I'm the adult, trust
- 48:32me, because when we get to court, we can
- 48:35trust [music] that police officer. We
- 48:36can trust that judge to do the right
- 48:39thing, to be fair, to use their
- 48:41authority
- 48:42>> [music]
- 48:42>> appropriately."
- 48:44And that's not what happened. Do you
- 48:46just solemnly swear that the testimony
- 48:47you're about to give will be the truth,
- 48:49the whole truth, and nothing but the
- 48:50truth?
- 48:51I do. Have a seat, please.
- 48:54When did you become a district attorney,
- 48:55sir? Uh 2004. 2004? Yes. Who was the
- 48:59judge presiding at that time?
- 49:00>> [music]
- 49:00>> Uh that would be Ciavarella. According
- 49:02to the statistics that we've been
- 49:03provided, approximately 54% of the cases
- 49:05during this period uh were actually
- 49:08cases where a counsel was not appointed
- 49:10or counsel did not appear on behalf of
- 49:12the of the youth who appeared in the
- 49:13courtroom. I mean, half of the cases
- 49:14were without counsel?
- 49:15>> I mean, in in as much as I was there, I
- 49:17would say that as much as you saw
- 49:18lawyers, you didn't see lawyers.
- 49:26I'm the primary civil rights lawyer in
- 49:29northeastern Pennsylvania.
- 49:33Judge Ciavarella orchestrated a waiver
- 49:35system so that people were encouraged to
- 49:38waive their right to a lawyer
- 49:40out of court without adequate
- 49:42explanations. It is unbelievable
- 49:45that that number of people didn't have
- 49:48lawyers. We're talking about children.
- 49:50So, a child can't sign a contract. So,
- 49:54now you have parents
- 49:56signing away rights because the parents
- 49:59are scared, because the parents are
- 50:00being assured you don't really need a
- 50:02lawyer.
- 50:03>> I said to my friend, I said, "Man, did
- 50:06you have like a lawyer?" And she was
- 50:08like, "No, nobody has lawyers."
- 50:11And I was like, "But haven't you seen
- 50:13Law & Order? Like everybody has lawyers.
- 50:15Like you're supposed to have a lawyer.
- 50:17Like that's what If you don't have a
- 50:18lawyer, you get one assigned to you.
- 50:20Like isn't that then" She was like, "I
- 50:22guess it doesn't work that way for
- 50:24kids."
- 50:29I never denied a kid a right to an
- 50:31attorney. I shouldn't say that. Once I
- 50:33did.
- 50:34But from that point on, if you came into
- 50:36my courtroom and you wanted a lawyer,
- 50:38you got a continuance. That's why we had
- 50:40that written waiver.
- 50:42Because you can waive that right.
- 50:44You would read it, you would sign it.
- 50:46You come into court, I'd ask you if you
- 50:48signed it, yes. Did you understand it,
- 50:49yes. Okay, thank you, and we'd proceed
- 50:51with the hearing. Wasn't to trick
- 50:52somebody into, you know, pleading
- 50:54guilty. You weren't guilty, you weren't
- 50:56guilty.
- 50:57Your constitutional rights are not
- 50:59absolute. You can waive any one of those
- 51:01rights.
- 51:02The question becomes when you waive it,
- 51:04did you make a knowing and voluntary
- 51:05waiver?
- 51:08I became an assistant public defender in
- 51:101976,
- 51:12and in 1980 became the chief public
- 51:14defender. I've been head of been the
- 51:15chief public defender since 1980. That's
- 51:18been some 30 years I've been head of
- 51:19that office.
- 51:21I knew that there were a lot of kids in
- 51:23there without the representation.
- 51:25However, the only assumption we could
- 51:27make was that there were proper waivers
- 51:29in effect, that they waived their right
- 51:31to an attorney.
- 51:32Or all they have to say to the judge is
- 51:34we want a lawyer, and I had a lawyer
- 51:36standing there.
- 51:37So, it was very easy to get a lawyer,
- 51:40but I could also add the way Chivarello
- 51:42ran the courtroom,
- 51:44there was no difference in the
- 51:45disposition of cases that kids were
- 51:47represented or unrepresented. He sent
- 51:49everybody away. It was a school crime,
- 51:51you could have F. Lee Bailey there, and
- 51:53they would have got away.
- 51:55How did you come to work for the
- 51:57juvenile probation office?
- 51:59>> I applied for the job when it was
- 52:00opened.
- 52:01And which position was that?
- 52:03>> The chief of juvenile probation {slash}
- 52:05detention home administrator. What was
- 52:08your role in the disposition hearing?
- 52:10We handed the judge our recommendations.
- 52:13Was there anything put into policy,
- 52:16written policy? We [music] had zero
- 52:18tolerance policies
- 52:20that the judge had formulated.
- 52:25We just all became so paranoid and so
- 52:28afraid that if we didn't [music] address
- 52:32school violence and school issues
- 52:37in a stern way, something really bad
- 52:39could happen.
- 52:44The zero tolerance programs in [music]
- 52:46the United States arose out of
- 52:49shootings, killings, like Columbine in
- 52:521999. We think we should have zero
- 52:55tolerance for misbehavior [music]
- 52:58in the sense that when kids misbehave,
- 53:01they should be told that and taught how
- 53:03to behave.
- 53:05Zero tolerance also rested on the notion
- 53:08that kids
- 53:09are just like adults in the way that
- 53:11they would be deterred [music] from
- 53:13misbehaving. And if they knew that they
- 53:15would be suspended, expelled, or
- 53:16arrested for a wide range of typical
- 53:19adolescent misbehavior, that they
- 53:22wouldn't behave like teens, which is, of
- 53:24course, farcical.
- 53:26>> [music]
- 53:26>> So, what we have in this country is a
- 53:28zero tolerance policy based on
- 53:30deterrence theory that has no
- 53:31application to adolescence that
- 53:35suspends, expels, and arrests tens of
- 53:38thousands and hundreds of thousands of
- 53:40kids a year.
- 53:43Certainly after Columbine, everybody had
- 53:46to take a step back and say, you know,
- 53:47how do we protect our kids? And
- 53:49unfortunately, there's that that word
- 53:51liability, you know, it is is always out
- 53:54there.
- 53:55I've been with the Sewickley Area School
- 53:57District for 41 years in many different
- 54:00capacities, and finally a
- 54:01superintendent. I've been superintendent
- 54:03for approximately 15 years.
- 54:05Certainly we're here to educate
- 54:07children, but our most important
- 54:09responsibility is to provide a safe and
- 54:10secure environment. No one wants to send
- 54:13their child to an environment that they
- 54:15believe is not safe.
- 54:18What we have done over the past several
- 54:20years is we've hired a director of
- 54:21safety [music] and security,
- 54:23and we have three full-time uniformed
- 54:26police officers [music]
- 54:27that are within our school districts.
- 54:30We've introduced zero tolerance
- 54:32policies, especially when it deals with
- 54:35safety, security,
- 54:37and things like [music] that.
- 54:41The zero tolerance
- 54:42>> [music]
- 54:42>> has done an enormous amount of harm in
- 54:44the United States.
- 54:45>> We often refer to it as zero logic, zero
- 54:47sense. And I think like scared [music]
- 54:50straight programs, Chivarello used it as
- 54:54a program that he thought would operate
- 54:56as some deterrents.
- 55:00Columbine really did play an additional
- 55:02role in what happened. The schools just
- 55:05really started to crack down, and cases
- 55:07that normally would have been handled
- 55:08informally now went to juvenile court.
- 55:10And if you went to juvenile court before
- 55:12Mark Chivarello, and you committed a
- 55:13crime in school, you were going to
- 55:15juvenile detention.
- 55:17And also,
- 55:18everyone again assumes that he jailed
- 55:22kids for cash.
- 55:23But he always jailed kids. If you look
- 55:26at his placement rates dating back from
- 55:281996 when he took the court, he had
- 55:30extremely high placement rate in the 20%
- 55:32range. It wasn't just after building a
- 55:35private juvenile detention center, and
- 55:37certainly that that taints the idea of
- 55:40why he was jailing the juveniles,
- 55:42but he was always jailing them. There
- 55:45were letters of praise for Judge
- 55:46Chivarello for his philosophy. There
- 55:48were editorials in the newspaper, what a
- 55:50great judge he was,
- 55:52cleaning up the schools, cleaning up the
- 55:54streets.
- 56:00I wanted these kids to think that I was
- 56:02the biggest SOB that ever lived.
- 56:05I wanted them to be scared [music] out
- 56:07of their minds
- 56:09when they had to deal with me, because I
- 56:11was hoping because of that that they
- 56:13would never put themselves in a position
- 56:15again where they had to come back and
- 56:16deal with me.
- 56:18Family has an awful lot to do with
- 56:21why and how a kid gets [music] in the
- 56:22system.
- 56:25People don't know how to be parents.
- 56:29To me, the juvenile system was trying to
- 56:31teach children to be responsible.
- 56:35When I was growing up,
- 56:37didn't need the system to take care of
- 56:39my problems. My mother and father took
- 56:42care of my problems. I wanted to revert
- 56:44back to how
- 56:46my mom and dad raised us. And they
- 56:47raised us with a lot of love, a lot of
- 56:49caring, but a lot of discipline.
- 56:53My father was very hot-tempered,
- 56:56easy to fly off the handle.
- 57:00I was a freshman or sophomore in high
- 57:02school, and we drank a couple quarts of
- 57:04beer one night. One friend said, "Why
- 57:06don't we take that car and go for a
- 57:08joyride?"
- 57:09As we were about [music] to get in the
- 57:11car,
- 57:12I heard this voice say, "What are you
- 57:14doing?"
- 57:17I see my cousin and my friend take off.
- 57:22Police officer [music] says to me,
- 57:24"You better come with me."
- 57:26The next thing I know, juvenile
- 57:29detective John Gannis said he'd give me
- 57:31a ride home.
- 57:33And as we're driving to East End, I am
- 57:35getting sicker and sicker and sicker.
- 57:39We walk in the house, my mother calls my
- 57:41father,
- 57:43and he said to me, "What's the problem
- 57:44here?"
- 57:45I looked at my father, and I said, "We
- 57:47were going to steal." [music] I didn't
- 57:48get the word out of my mouth, and he
- 57:50just looks at me, and he says to me,
- 57:52"Look at your mother." And she was just
- 57:54hysterical. And she gives a "Can't
- 57:55believe my son's a criminal."
- 57:58At which point in time, my father starts
- 58:00to wind up, and I know it's coming. And
- 58:03he hits me, knocks me out cold.
- 58:15Your view of this is that placements
- 58:18were done as part of a rehab program
- 58:21>> thought out
- 58:22judicial philosophy. Yes. That you
- 58:25supported. To a degree I supported it.
- 58:29So, you have no basis to conclude that
- 58:32these placements were made from any
- 58:35improper, ulterior, or illegal motive. I
- 58:39don't think so.
- 58:40Unless I'm very naive, I don't think he
- 58:42did.
- 58:44The schools had a lot of influence in
- 58:47uh initiating complaints into the
- 58:49juvenile system.
- 58:50>> We were faced with what occurred at
- 58:53Columbine, and I think there was a
- 58:55reaction across the country and probably
- 58:58the world that you need to get tough
- 59:01with these kids.
- 59:01>> Why was it that everybody was so willing
- 59:03to say it's zero tolerance that these
- 59:05kids are being placed?
- 59:06>> Because everybody loved it. The schools
- 59:08absolutely loved it. They got rid of
- 59:10every bad kid in their school. When I
- 59:13was in school, if you threw a spitball,
- 59:14maybe you went to the principal's office
- 59:16and sat for a couple periods.
- 59:18Last couple years, if you threw a
- 59:20spitball, they got the police, and you
- 59:22ended up in juvenile court and get sent
- 59:24away.
- 59:26Young people need to know very clearly
- 59:29that there is a consequence for them if
- 59:32they decide to violate the law.
- 59:35And the consequence has to be clear
- 59:37and has to be fairly immediate.
- 59:40And I think that's one of the
- 59:41responsibilities of the juvenile justice
- 59:43system.
- 59:44The reality is that we have seen a
- 59:47substantial increase in the numbers of
- 59:49referrals to the juvenile justice
- 59:50system.
- 59:51Prior to Columbine, when misconduct
- 59:53occurred on school grounds, we all knew
- 59:55what the response would be. It would be
- 59:57a suspension, it would be after-school
- 59:59detention, it would be a slap on the
- 1:00:01wrist, a note in your file. But since
- 1:00:03Columbine, there [music] has been a rush
- 1:00:05to assume that the juvenile justice
- 1:00:07system can manage all behavior. That, of
- 1:00:10course, has been an over-response, it's
- 1:00:12a misuse of the juvenile justice system.
- 1:00:17It's becoming a common thing to have
- 1:00:20police officers and probation officers
- 1:00:22>> [music]
- 1:00:23>> either in the school or very nearby.
- 1:00:27I don't agree with that.
- 1:00:30You can't allow that one person
- 1:00:32to disrupt things to a point where
- 1:00:34everybody else is paying the price for
- 1:00:36their
- 1:00:37inability to control themselves.
- 1:00:40If there's an officer there, probation
- 1:00:42officer there, it's almost like a
- 1:00:43challenge to the students. And then I
- 1:00:45think it sends the message that hey, we
- 1:00:48as as school faculty and administration
- 1:00:51can't handle you.
- 1:00:54We're going to arrest them. And
- 1:00:56>> [music]
- 1:00:56>> we will do that in in an in an instant
- 1:00:58if we believe it's the right thing to
- 1:00:59do.
- 1:01:06Upon returning to school, I just got
- 1:01:09lower and lower and lower in my mood.
- 1:01:13A probation officer has his own office
- 1:01:15in the school.
- 1:01:17Sitting in the probation office was
- 1:01:19humiliating. Big, huge windows and
- 1:01:23everyone's walking by in between classes
- 1:01:25and there you are with your probation
- 1:01:27officer. And
- 1:01:28>> [music]
- 1:01:28>> some teachers, I think, were really
- 1:01:30disrespectful to me and a lot of that
- 1:01:33stemmed from the fact that well, oh,
- 1:01:35she's one of those stupid kids that got
- 1:01:37sent to camp.
- 1:01:43When I came home from placement to go
- 1:01:45back to school,
- 1:01:47for the first like month, I was okay.
- 1:01:49And then after that, I fought with my
- 1:01:50teachers, I argued, I was getting
- 1:01:52suspended. [music]
- 1:01:53I I felt like the new girl again and I
- 1:01:56really wasn't because I knew everybody.
- 1:01:58But then
- 1:01:59>> [music]
- 1:01:59>> like I have everybody like asking me
- 1:02:01what did I did, how's lockup, thinking
- 1:02:03it was like cool and stuff. And to me,
- 1:02:04it wasn't cool.
- 1:02:08The one time I made a comment in my
- 1:02:10class because I was known for being the
- 1:02:12jokester and the big mouth and we were
- 1:02:14talking about this silly evacuation
- 1:02:16program that
- 1:02:18if anyone [music] came with a gun and we
- 1:02:20had to
- 1:02:21run, we would all go out into this huge
- 1:02:23field and run away from the school. So I
- 1:02:25said, well, you know what, you stick
- 1:02:27with your evacuation plan. I'm friends
- 1:02:29with everybody, so that kid is going to
- 1:02:31remember that I let him borrow my pencil
- 1:02:33one time.
- 1:02:35And then the teacher [music] took me to
- 1:02:37the guidance counselor's office and said
- 1:02:39that I knew someone who was going to
- 1:02:40shoot up the school.
- 1:02:44I didn't fit [music] in. That's how I
- 1:02:45felt like. I didn't belong there.
- 1:02:48At first, I was telling my father like,
- 1:02:49you know, there's something that [music]
- 1:02:50feels like it's not right with me. I
- 1:02:52don't feel like I could be around people
- 1:02:53or something and
- 1:02:55he didn't believe me. He just said I was
- 1:02:56making excuses up not to go to [music]
- 1:02:58school and I was telling him like that
- 1:03:00everything's just so in my head all the
- 1:03:02time and
- 1:03:03it makes me nervous to just be around
- 1:03:05[music] people.
- 1:03:06It really does.
- 1:03:08And I know I'm not crazy, but
- 1:03:10something's not right. Like I cry,
- 1:03:13>> [music]
- 1:03:13>> I can't breathe sometimes. I'm like and
- 1:03:15it's not me, something's wrong.
- 1:03:17That's when I got diagnosed with a
- 1:03:18post-traumatic stress disorder,
- 1:03:20depression, [music] severe anxiety and
- 1:03:22mood swings.
- 1:03:23And then I was just missing school and
- 1:03:25missing school. I missed 78 days in my
- 1:03:27junior year.
- 1:03:30So then I just stay away.
- 1:03:37October,
- 1:03:39I came home
- 1:03:40for good.
- 1:03:43For all those years I missed
- 1:03:46high school, I never went to a prom, all
- 1:03:49my birthdays until my recent one, my
- 1:03:5119th birthday, I was always in a
- 1:03:54placement somewhere.
- 1:04:11I feel
- 1:04:13like it's my I fall.
- 1:04:16It's my husband's my fault that Charlie
- 1:04:19lost 5 years of his life.
- 1:04:23>> [snorts]
- 1:04:23>> You know, they're supposed to be, you
- 1:04:24know, your
- 1:04:27uh your good years, you know, your fun
- 1:04:29years,
- 1:04:31your teenage years. What does he have to
- 1:04:33talk about, you know? His lockups?
- 1:04:45A lot of people ask me if I hold a
- 1:04:47resentment against the judge or
- 1:04:49anything. I I don't.
- 1:04:52I move on with my life.
- 1:04:54That's how That's what I think I should
- 1:04:56do.
- 1:04:58Pursue college and
- 1:05:01I don't know, family.
- 1:05:06So, that's what I'm going to do.
- 1:05:09Future, I think looks good for me.
- 1:05:20News 16 at 11.
- 1:05:23Good evening, I'm Scott Schaffer. We
- 1:05:24begin tonight with another development
- 1:05:25in the ongoing corruption case in
- 1:05:27Luzerne County as a former judge agrees
- 1:05:30to plead guilty for a second time.
- 1:05:32>> Judge Conahan, do you want to say
- 1:05:32anything about the guilty plea today to
- 1:05:34the uh taxpayers of Luzerne County?
- 1:05:36>> I don't have a comment right now, Andy.
- 1:05:37Thank you, though.
- 1:05:38Former [snorts] Luzerne County Judge
- 1:05:39Michael Conahan admits he was a major
- 1:05:41player in the alleged kids-for-cash
- 1:05:43scheme, investigators say, and now
- 1:05:45Conahan agrees he and former Judge Mark
- 1:05:47Ciavarella worked together to make sure
- 1:05:50the PA Child Care Center would be built
- 1:05:52and thrive.
- 1:05:53According to federal prosecutors, Judge
- 1:05:56Conahan, as president judge, did
- 1:05:58everything he could to hide the kickback
- 1:06:00scheme. He made sure the county-owned
- 1:06:02juvenile facility was closed down and
- 1:06:05then he guaranteed that juveniles would
- 1:06:07be sent to the private facility in which
- 1:06:09he had a business interest.
- 1:06:12Michael Conahan is going down. I told
- 1:06:15you he was a gangster judge, remember?
- 1:06:17How long have I been telling you? Once a
- 1:06:19gangster, always a gangster.
- 1:06:22It all goes back to to Conahan. This
- 1:06:25guy's a from a district justice to a
- 1:06:27judge and and he had his hand in quite a
- 1:06:29few things. See, ambulance [music]
- 1:06:31company, beverage companies, the the
- 1:06:33strip club.
- 1:06:35Conahan had business ranging from beer
- 1:06:37distributorship to ambulance company. So
- 1:06:41if there was anybody who knew how to put
- 1:06:42something together, it was him.
- 1:06:51I started coming to Florida, I would
- 1:06:52say, in 1979.
- 1:06:55We just absolutely loved coming down
- 1:06:57here.
- 1:06:58I retired in January 2008.
- 1:07:03In the last year, I've been trying to
- 1:07:04get down here as much as possible just
- 1:07:06to clear my head and stay away from all
- 1:07:08the publicity
- 1:07:09up in northeastern Pennsylvania and just
- 1:07:11mind my own business and keep a low
- 1:07:13profile as possible.
- 1:07:18There's a side of me that loves Luzerne
- 1:07:19County and I miss my family and friends.
- 1:07:22Realizing that I made a mistake and I
- 1:07:24shouldn't have done what what I did,
- 1:07:26I agreed to sign the plea agreement.
- 1:07:29I should have had no business
- 1:07:30arrangements with the juvenile detention
- 1:07:32center.
- 1:07:33I'm willing to accept the consequences
- 1:07:35for it.
- 1:07:37Once they got the money, they then took
- 1:07:39a lot of steps to conceal how they got
- 1:07:41it or what it was for.
- 1:07:43Mericle would write up a commission and
- 1:07:46registration agreement in which she
- 1:07:48purported to pay a broker's fee to
- 1:07:51Robert Powell, who is the attorney. Then
- 1:07:53they would wire that money to another
- 1:07:55account that was held in a bank in I
- 1:07:56believe it was Susquehanna County.
- 1:07:59And then money from there would be
- 1:08:00transferred to businesses that were
- 1:08:02controlled by Conahan. One of those
- 1:08:03businesses was Beverage Marketing, which
- 1:08:06is a beer distributorship that Conahan
- 1:08:08owned. And then again, through another
- 1:08:09series of financial transactions, the
- 1:08:11money would be paid out and sent to bank
- 1:08:14accounts controlled by Conahan and
- 1:08:16Ciavarella. [music]
- 1:08:18It all goes back to Beverage Marketing
- 1:08:20and he's listed that on his financial
- 1:08:22forms.
- 1:08:24I don't think that any of the monies
- 1:08:25that were brought into Beverage
- 1:08:26Marketing that
- 1:08:27it's wrong. I mean, if if it was a
- 1:08:29finder's fee and I brought it in,
- 1:08:30whether I brought it into Beverage
- 1:08:31Marketing, whether I brought it under my
- 1:08:33name, whether I gave it to you, whether
- 1:08:34I gave it to charity, I I don't see as
- 1:08:36that's some kind of concealment. I mean,
- 1:08:38people wire money, give checks, that's a
- 1:08:40normal course [music] of business.
- 1:08:42Conahan wielded immense power. He
- 1:08:44decided that he was going to remove
- 1:08:45funding from the county budget for the
- 1:08:47county-run juvenile detention center.
- 1:08:49[music] That meant they were going to
- 1:08:50have to close it down. It was well known
- 1:08:52at that time that Ciavarella was a
- 1:08:54no-nonsense, zero-tolerance judge and
- 1:08:56that he had high placement rates.
- 1:08:59But even with [music] that, banks were
- 1:09:00still leery about funding this new
- 1:09:03juvenile detention center.
- 1:09:05So the next thing that Conahan did is
- 1:09:07that he signed a secret placement
- 1:09:09guarantee with Robert [music] Powell,
- 1:09:11which essentially assured that the
- 1:09:13county would send juveniles to this
- 1:09:15center.
- 1:09:17Conahan really was, I think, to a large
- 1:09:19extent, the ringleader here.
- 1:09:21And that Ciavarella kind of just
- 1:09:23followed along.
- 1:09:39>> Only in the case that
- 1:09:41he and I participated in a scheme to
- 1:09:44basically get a kickback gratuity.
- 1:09:47I don't care so much if you didn't just
- 1:09:48outright lie to me.
- 1:09:50Well, let's put it this way, every time
- 1:09:51we think it can't get any worse, it
- 1:09:53does.
- 1:09:54It does.
- 1:10:00I did something wrong in accepting the
- 1:10:02compensation while I was a judge.
- 1:10:05That's the issue.
- 1:10:07The government is saying to me, "Look,
- 1:10:08it was extrajudicial compensation.
- 1:10:09[music]
- 1:10:10You shouldn't have taken it. It was an
- 1:10:12ethical violation. It was corrupt.
- 1:10:15We're going to call it a gratuity.
- 1:10:17You're going to admit that [music] it's
- 1:10:17a gratuity, and therefore it's going to
- 1:10:19be a kickback." He told me when he
- 1:10:22entered his guilty plea that he would
- 1:10:23never
- 1:10:24agree to any facts that had in it a
- 1:10:26kickback or a bribe.
- 1:10:29Kids for cash, [music] anything. And he
- 1:10:31just And the first document they sent
- 1:10:32him is nothing but
- 1:10:34a scheme for a bribe or a kickback,
- 1:10:37[music]
- 1:10:38and he signs it.
- 1:10:40There's no factual truth to the scheme.
- 1:10:42There was no scheme.
- 1:10:45Just don't understand how he could tell
- 1:10:46me one thing and then do something
- 1:10:48completely different.
- 1:10:53If this is the least thing that I have
- 1:10:55to admit to doing,
- 1:10:56I I can live with all of that.
- 1:11:00I can justify that in my mind. [music]
- 1:11:04I think Dad is still somewhat delusional
- 1:11:08about Mike Conahan.
- 1:11:10He was kind of the puppet master, just
- 1:11:12you know, with the strings and and my
- 1:11:14dad being on the string, just dangling.
- 1:11:16I just I truly believe that there was
- 1:11:18something
- 1:11:19that Mike Conahan, that the government
- 1:11:21had on him.
- 1:11:23I I I I have to say he led a very
- 1:11:24different life than than my dad led.
- 1:11:27>> betrayed? Absolutely.
- 1:11:29Do I feel lied to? Definitely.
- 1:11:32Can I believe what Mike has done to me?
- 1:11:35No, I can't.
- 1:11:36But the reality is he has done it.
- 1:11:38And now I have to live with it.
- 1:11:46Judge, are you are you afraid these
- 1:11:48days?
- 1:11:50I try to deal with it one day at a time.
- 1:11:55One issue at a time.
- 1:11:57And I know in my heart
- 1:12:00that I didn't do
- 1:12:01what these people say I did.
- 1:12:03And because I know that I didn't do what
- 1:12:06people are saying I did, I can live with
- 1:12:09myself, and I can live with the result.
- 1:12:13I will risk going to jail for the rest
- 1:12:15of my life
- 1:12:16than ever admit that I did something
- 1:12:18that I didn't do.
- 1:12:22Time of trial,
- 1:12:23everyone's going to know that I never
- 1:12:25sent a kid away for a penny.
- 1:12:28Everyone will know that.
- 1:12:46Love you.
- 1:12:46>> Love you.
- 1:12:57Why [music] are we putting him on trial
- 1:12:59court? Well, but don't you believe He's
- 1:13:00so guilty. Yeah, but don't you believe
- 1:13:03he's got the right to
- 1:13:05present a defense? That's the
- 1:13:07cornerstone of the American way. Isn't
- 1:13:10what you're saying completely contrary
- 1:13:12to everything we believe in in America?
- 1:13:16No, he's guilty.
- 1:13:20High security for a defendant not in
- 1:13:22custody here in federal court in
- 1:13:24Scranton. This is former judge Mark
- 1:13:26Ciavarella and his attorneys and all
- 1:13:27their files
- 1:13:28>> [music]
- 1:13:29>> going into the federal courthouse in
- 1:13:30downtown Scranton.
- 1:13:32Ciavarella was indicted for his alleged
- 1:13:34role in the kids-for-cash scandal 2
- 1:13:35years ago. Jury selection starting here
- 1:13:38this morning.
- 1:13:43For the openings, I was thinking about
- 1:13:45playing off of the conflicting
- 1:13:46portraits, these these guys who just got
- 1:13:49dumb luck that this guy came and wanted
- 1:13:50to give them a million bucks. He didn't
- 1:13:52know it was And it they didn't know it
- 1:13:54was wrong. Right. They didn't know it
- 1:13:55was wrong.
- 1:13:56>> [laughter]
- 1:13:56>> You almost have to laugh about it. And
- 1:13:58that's that's your brain. Ciavarella's
- 1:14:00always maintained there was no kids for
- 1:14:01cash, and it wasn't about kids for cash
- 1:14:04cuz he wasn't on trial for that. He was
- 1:14:05on trial for the monetary transactions.
- 1:14:08And the government explained that they
- 1:14:09had legal and strategic reasons for not
- 1:14:12bringing that aspect in.
- 1:14:13They had solid evidence of the monetary
- 1:14:16transactions, and that was going to be
- 1:14:17enough to get a commission, and so
- 1:14:18that's why they opted to go that way.
- 1:14:21Was this kids for cash?
- 1:14:25Who Who can say other than Mark
- 1:14:27Ciavarella?
- 1:14:28But the public will never ever agree
- 1:14:30that it wasn't.
- 1:14:32I know a lot of the public is
- 1:14:33disappointed
- 1:14:35that Mark Ciavarella was not charged
- 1:14:37with kids for cash.
- 1:14:39And that would have allowed Mark
- 1:14:41Ciavarella to put on evidence that he
- 1:14:43wasn't selling kids for cash, that he
- 1:14:45did this before, or that some kids'
- 1:14:48families thought he did the right thing.
- 1:14:50It would have opened up a whole can of
- 1:14:51worms. So, it seems to me the US
- 1:14:53attorney made
- 1:14:55wise decisions and prosecuted him just
- 1:14:58for financial crimes. Because if Mark
- 1:15:01Ciavarella goes to jail for 12 or 15
- 1:15:03years, or however many years,
- 1:15:06what does it matter if it was for
- 1:15:07financial crimes or for something else?
- 1:15:11>> [music]
- 1:15:22[music]
- 1:15:27>> Every time I walked out of court,
- 1:15:30a reporter would ask me, "Do you have
- 1:15:31anything to say to the children?"
- 1:15:34Okay.
- 1:15:35Uh the children that you put away.
- 1:15:38And I never responded to that.
- 1:15:40I would say that I did what I thought
- 1:15:43was right for you.
- 1:15:45I'm sorry that I didn't set a better
- 1:15:47example
- 1:15:48as to how you should lead your life.
- 1:15:51But when I was making decisions that
- 1:15:53affected your life, I was doing what I
- 1:15:55thought was in your best interest.
- 1:16:01The public corruption trial in federal
- 1:16:04court in Scranton against former Luzerne
- 1:16:07County President Judge and Juvenile
- 1:16:10Judge Mark Ciavarella wrapping up today.
- 1:16:14They're still in there. They just got
- 1:16:15done reading all the charges. I don't
- 1:16:16think they're going to be in custody.
- 1:16:19Former Luzerne County Judge Mark
- 1:16:21Ciavarella, who's still in courtroom
- 1:16:22number one on the fourth floor, where
- 1:16:24he's been for the past 10 days as the
- 1:16:26trial proceeded, is now convicted.
- 1:16:29Former Judge Mark Ciavarella. It's kind
- 1:16:31of I think the calm before the storm
- 1:16:33right now. Mixed verdicts, but at the
- 1:16:35end of the day, guilty [music] of some
- 1:16:37very, very serious crimes. Tony! Tony!
- 1:16:49What do you feel, Al? Should we be
- 1:16:49enjoying?
- 1:16:51We're amazed.
- 1:16:53Um the jury rejected 95% of the
- 1:16:56government's case. They rejected most of
- 1:16:58the theories regarding kickbacks and
- 1:17:00bribes.
- 1:17:01Um the government really got hurt today
- 1:17:03in this entire case. And it stands for
- 1:17:07the proposition that what Mark
- 1:17:08Ciavarella said all along was true. He
- 1:17:11never took a kickback. He never took a
- 1:17:13bribe. This is not a cash-for-kids case,
- 1:17:16and we hope somebody starts getting the
- 1:17:18message.
- 1:17:20>> My kid's NOT HERE! HE'S DEAD! HE GAVE
- 1:17:22THEM HELL! HE RUINED MY [ __ ] LIFE! I
- 1:17:25WANT THEM TO GO TO HELL AND ROT THERE
- 1:17:27FOREVER!
- 1:17:29NO, YOU KNOW WHAT HE TOLD EVERYBODY IN
- 1:17:30COURT? They need to be held ACCOUNTABLE
- 1:17:32FOR THEIR ACTIONS. YOU NEED TO BE. Do
- 1:17:34you remember me? Do you remember me? DO
- 1:17:37YOU REMEMBER MY SON? AN ALL-STAR
- 1:17:39WRESTLER? He's gone! HE SHOT HIMSELF IN
- 1:17:41THE HEART! YOU SCUMBAG! YOU RUINED MY
- 1:17:44LIFE!
- 1:17:54MARK CIAVARELLA
- 1:17:56guilty
- 1:17:57on 12 of 39 federal felonies. Judgment
- 1:18:02day has arrived, and Mark Ciavarella is
- 1:18:05going to hell. Does he still get your
- 1:18:07pension? Try to look back.
- 1:18:10Ciavarella was found guilty of
- 1:18:12racketeering charges, mail fraud, one
- 1:18:14count of money laundering, fraud
- 1:18:16conspiracy, and filing false tax
- 1:18:18returns. The jury found [music] the
- 1:18:19ex-Luzerne County judge not guilty of 27
- 1:18:23charges, including wire fraud, receiving
- 1:18:26bribes, five counts of [music] money
- 1:18:27laundering, and extortion.
- 1:18:31I was a little disappointed that they
- 1:18:33didn't nail him on more charges, but I
- 1:18:34guess they got him on enough to
- 1:18:38put him
- 1:18:39put him away for 10, 15 years at least.
- 1:18:42I mean, he's 60 years old. You know, if
- 1:18:44he gets 15 years,
- 1:18:45he's 75. Unless he gets out for, you
- 1:18:47know,
- 1:18:48good time or stuff. Now, maybe he'll uh
- 1:18:51get to
- 1:18:52see what it feels like when you're
- 1:18:53separated from your family.
- 1:18:56And what about his mother?
- 1:19:00I know his son committed suicide or
- 1:19:02something.
- 1:19:03Shot himself in the heart.
- 1:19:05You got to get back to him.
- 1:19:22Jury
- 1:19:24>> January of 2010,
- 1:19:27Ed was released from the state [music]
- 1:19:29prison.
- 1:19:30And uh
- 1:19:31he came home and he was home for 5
- 1:19:33months he lasted.
- 1:20:04It was Memorial Day.
- 1:20:06Ed
- 1:20:07is up the mountain, up with his dad.
- 1:20:15>> [music]
- 1:20:17>> They were drinking all day.
- 1:20:20Their usual stuff.
- 1:20:23Of course, he's not supposed to be
- 1:20:24drinking. He's on parole.
- 1:20:27He was arguing with his dad.
- 1:20:33And I'm talking to him. I was trying to
- 1:20:35[music] get him to come here, you know,
- 1:20:36you have work tomorrow. Ed, just come
- 1:20:38and go to sleep. No, I'm just going to
- 1:20:40uh I want to be somewhere [music] closer
- 1:20:41to work.
- 1:20:50And he ended up going back to his um
- 1:20:52little cabin right by the water.
- 1:20:56Took a gun and shot himself in the
- 1:20:57heart.
- 1:21:18These are all hearts.
- 1:21:22I just talked to Ed and I I told him,
- 1:21:24you know, I was having a really hard
- 1:21:25time and I need a sign to know that he's
- 1:21:28with me and
- 1:21:30I was walking and my foot just hit it
- 1:21:32and you know, I just automatically bent
- 1:21:34down to pick it up and when I picked it
- 1:21:35up, I thought to myself,
- 1:21:37you know, wow, that looks like kind of
- 1:21:38like a crooked heart and then I turned
- 1:21:40it over and that's what it was.
- 1:21:47This one I
- 1:21:48found up at um nature park. And it's
- 1:21:51just a round balled rock and it has a
- 1:21:53heart. It looks like it was carved in
- 1:21:55there. I found that right in the water.
- 1:21:59No matter how many signs I get,
- 1:22:01I still
- 1:22:02miss his voice. I miss hearing the words
- 1:22:04Mom. I miss his smile.
- 1:22:08I miss talking to him. I miss, you know,
- 1:22:10everything. Vacations and holidays and
- 1:22:33It wasn't like that
- 1:22:34we lived this
- 1:22:36grandiose life.
- 1:22:38Most of the money that I received, I
- 1:22:40used to send my kids to school. Paid off
- 1:22:43some debt.
- 1:22:45And here I am, I'm 60 years old today
- 1:22:47and uh
- 1:22:48I have nothing.
- 1:22:49Living
- 1:22:51with my
- 1:22:52brother-in-law and sister-in-law.
- 1:22:58I've struggled with, you know, why did I
- 1:23:00take this money?
- 1:23:03I don't necessarily know if it was greed
- 1:23:04that that caused me to do it. I think it
- 1:23:07was more a sense of financial security.
- 1:23:10You know, all the things that you want
- 1:23:11to do for your children, now I had the
- 1:23:13opportunity to do because I was going to
- 1:23:15get this money.
- 1:23:16And uh
- 1:23:20destroyed my life because of it.
- 1:23:29I have
- 1:23:31a grandchild who is going to be two in
- 1:23:33July.
- 1:23:36I have a grandchild on the way.
- 1:23:40There's a good chance that
- 1:23:43those children really won't know me in a
- 1:23:45personal sense.
- 1:23:47That they will probably only know me
- 1:23:49through stories or photographs or
- 1:23:54I hope that they
- 1:23:56understand that
- 1:23:58I wasn't as bad
- 1:24:00as people say I was.
- 1:24:05I would hope that they
- 1:24:07understand that their grandfather
- 1:24:11screwed up big time.
- 1:24:14And
- 1:24:24couldn't be in their life because of it.
- 1:24:31Kind of tough.
- 1:24:36What they get to knows.
- 1:24:43>> [snorts]
- 1:24:47>> The grandfather is a scumbucket.
- 1:25:26Today I stand before you about to be
- 1:25:28sentenced to a term of imprisonment.
- 1:25:29[music]
- 1:25:31I would like to take this opportunity to
- 1:25:32apologize to the citizens of Luzerne
- 1:25:34County for violating the trust they
- 1:25:36placed in me.
- 1:25:39To all the juveniles who appeared before
- 1:25:40me, I would also apologize to them and
- 1:25:43ask that they forgive me for being a
- 1:25:44hypocrite.
- 1:25:46I had hoped that they would learn from
- 1:25:47my mistake
- 1:25:49and realize that everything we do in
- 1:25:50life has consequences.
- 1:25:53I've been publicly [music] convicted of
- 1:25:54a crime I never committed.
- 1:25:57There was no connection between the
- 1:25:58money I had received and the children I
- 1:26:00placed at PA Child Care.
- 1:26:05But yet today, I stand before you guilty
- 1:26:07[music] for being the kids-for-cash
- 1:26:08judge.
- 1:26:10Those three words made me the
- 1:26:12personification of evil.
- 1:26:14It caused a public [music] uproar,
- 1:26:15the likes of which this community has
- 1:26:17never seen.
- 1:26:21I have lost everything that I have ever
- 1:26:22worked for or cared about.
- 1:26:24But I will never lose my will
- 1:26:26to fight against individuals who say I
- 1:26:28took cash to put children in in
- 1:26:30placement when I never did.
- 1:26:33Your honor, I would only ask that the
- 1:26:35sentence be for the crimes I was found
- 1:26:36[music] guilty of committing and not for
- 1:26:38crime or crimes I did not commit.
- 1:26:41Thank you for giving me this opportunity
- 1:26:43to say what I had to say.
- 1:26:46Well, the an appeal will definitely be
- 1:26:48taken.
- 1:27:22>> [music]
- 1:27:31>> As a journalist, you should live, eat,
- 1:27:32and breathe to have a story like this.
- 1:27:35But it's distressing that it happened in
- 1:27:37your county to people that you knew.
- 1:27:40That they were Sandy Fonzo, I I was
- 1:27:43I was devastated listening to her. It
- 1:27:45was just heartbreaking.
- 1:27:49I look at that picture of her on page
- 1:27:53on it anything. This is This is the
- 1:27:55thing I'm going to remember most from
- 1:27:56this entire
- 1:27:572 years.
- 1:28:00>> [music]
- 1:28:05[music]
- 1:28:06>> The next day my phone wouldn't stop
- 1:28:08ringing. It was message after message. I
- 1:28:09mean, every day it went on, you know,
- 1:28:11for weeks.
- 1:28:13Different [music] advocacy groups were
- 1:28:15calling. A lot of people are reaching
- 1:28:17out to me and this happened to me and
- 1:28:19please help me and
- 1:28:20>> [music]
- 1:28:21>> and you know, I felt like overwhelmed
- 1:28:22like I you know, I'm not a lawyer. I'm
- 1:28:24not, you know, all I can do is [music]
- 1:28:27what I just did.
- 1:28:38No one listened because we were kids.
- 1:28:40Even though [music] sometimes when I was
- 1:28:42sitting in camp and I was like, you
- 1:28:44know, this is so unfair. I I hate
- 1:28:47authority. I hate judges and cops and
- 1:28:49everyone. I hate our legal system.
- 1:28:52Then I ended up being saved by the legal
- 1:28:55system.
- 1:28:57There are people who are still good and
- 1:28:59capable of being able to serve justice
- 1:29:02when appropriate. [music]
- 1:29:04Something so negative can be turned
- 1:29:06around.
- 1:29:17Almost 22, I'm still not in school.
- 1:29:20It's kind of embarrassing, I think.
- 1:29:23What I what I want to do in life is I
- 1:29:25wanted to go to music school. Berklee
- 1:29:27College of Music. Out of all the the
- 1:29:28music schools, it's like the most
- 1:29:30prestigious. It's like you have to be
- 1:29:31the best of the best to get in there. I
- 1:29:33want to be a musician. [music]
- 1:29:35When I was in North Central, they had
- 1:29:36this program that if you were 17, you
- 1:29:38can get a GED and you never have to go
- 1:29:40to high school again, which, you know,
- 1:29:41>> [music]
- 1:29:41>> as a 17-year-old, no school? Yeah.
- 1:29:44Uh I also regret getting my GED now
- 1:29:47because anyone else I knew was going to
- 1:29:49college, they stuck out high school,
- 1:29:51they have good grades, and now they have
- 1:29:52so many more options than I do.
- 1:30:07If I didn't go into homeschooling, I'd
- 1:30:08probably be a dropout.
- 1:30:11I'm still graduating from the same
- 1:30:12school. I'm still going into the school
- 1:30:14to graduate.
- 1:30:17I put in my hair. I started feeling a
- 1:30:19little nervous.
- 1:30:20I feel like I'm going to puke.
- 1:30:23I'm taking medication so I don't freak
- 1:30:25out and stuff like that. I keep getting
- 1:30:27like the cold sweats and stuff cuz
- 1:30:29there's going to be so many people there
- 1:30:31and I'm like really really really really
- 1:30:32nervous of them.
- 1:30:34I'm glad I made it to the end.
- 1:30:37I really didn't think I was going to
- 1:30:38graduate.
- 1:30:39My mom and my dad
- 1:30:41and my sister,
- 1:30:43they just kept giving me the confidence
- 1:30:45and everything. Amanda, you could do
- 1:30:46this. You could do this. And they
- 1:30:47wouldn't give up on me.
- 1:30:53I'm the only one that graduated out of
- 1:30:54my dad's kids.
- 1:30:59Amanda Laura
- 1:31:02>> [cheering]
- 1:31:04>> I was pretty nervous [music] on stage.
- 1:31:07And then,
- 1:31:08you know, it just it left me.
- 1:31:11The best feeling in the world. I never
- 1:31:13felt like this before. Like I feel like
- 1:31:15I want to cry of joy.
- 1:31:35Sometimes I feel like the choices that I
- 1:31:37made were
- 1:31:39they were wrong. I didn't do the best I
- 1:31:42could do and
- 1:31:43that makes it hard when I look at your
- 1:31:45picture and I know that you're in here.
- 1:31:48They charged me with using a credit
- 1:31:50card, which I didn't.
- 1:31:52It was
- 1:31:53my grandfather's and my step uh
- 1:31:55grandmother's.
- 1:31:57Total charges that I got was 31 counts
- 1:32:00access [music] device fraud
- 1:32:01for using credit card, obviously, and
- 1:32:04one count of receiving stolen property
- 1:32:06[music] for having it.
- 1:32:08I don't remember doing it. I was all
- 1:32:10messed up, drinking.
- 1:32:12>> [music]
- 1:32:12>> Wasn't just drinking, either. I was
- 1:32:13smoking pot and, you know, taking pills.
- 1:32:17Everything was hard. I needed to find a
- 1:32:20job. I was 18.
- 1:32:23And while I was in placement, they
- 1:32:24really never like they don't
- 1:32:26they don't teach you anything like that,
- 1:32:28like what to do
- 1:32:31in the real world.
- 1:32:33I sure could use help, I guess.
- 1:32:38It's a good thing maybe I'm here, I
- 1:32:39don't know.
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