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Kids for Cash (2013) | English Full Movie | Documentary — Transcript

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  1. 0:35[music]
  2. 0:43[music]
  3. 0:53[music]
  4. 1:01>> Increasingly, juveniles are committing
  5. 1:03serious violent [music] crimes. In a
  6. 1:05recent 10-year period, the number of
  7. 1:07murders by teens aged 14 to 17 rose an
  8. 1:10astonishing [music] 165%.
  9. 1:12As judge, if given the opportunity to
  10. 1:15try a juvenile offender as an adult, I
  11. 1:17will. If you're a teen and convicted of
  12. 1:19murder, rape, or violent crimes [music]
  13. 1:21against our children or the elderly, you
  14. 1:23can expect that I will impose the
  15. 1:24maximum sentence allowed by law. Mark
  16. 1:27Ciavarella, a judge to protect all of
  17. 1:29us.
  18. 1:31Raise your right hand.
  19. 1:33Do you, Mark A. Ciavarella, Jr.,
  20. 1:35solemnly swear
  21. 1:37that you will support, save, and defend
  22. 1:39the Constitution of the United States
  23. 1:42and under this Commonwealth?
  24. 1:46>> [music]
  25. 1:53>> After Columbine, I would travel to the
  26. 1:56schools, and I would explain to the
  27. 1:58students that it's a zero-tolerance
  28. 2:00policy.
  29. 2:04I instructed the probation department
  30. 2:07that I would not tolerate
  31. 2:09violence in school,
  32. 2:11weapons in school. I didn't want drugs
  33. 2:13in school.
  34. 2:18I would tell them that high school
  35. 2:20shouldn't be ruined by 2% of the kids
  36. 2:22screwing it up for the other 98%.
  37. 2:29For the life of me, I don't understand
  38. 2:30how that was a bad thing.
  39. 2:39I did fight in school.
  40. 2:42And I knew, I mean, I knew I was going
  41. 2:43to get in some kind of trouble. You're
  42. 2:44not allowed to fight.
  43. 2:47I just wish I could go back in time and
  44. 2:50start over from then.
  45. 2:54I'm not a kid anymore.
  46. 2:56Life goes on. That's what I just keep
  47. 2:59telling myself as life goes on.
  48. 3:15>> [music]
  49. 3:27[music]
  50. 3:52>> When groups like you come here for just
  51. 3:54a kind of fun tour the courthouse and to
  52. 3:56find out what happens in Luzerne County,
  53. 3:58he's always the highlight of the tour.
  54. 4:00Not only is he our president judge, but
  55. 4:02he has traditionally handled all of the
  56. 4:05juvenile cases. All of the young people
  57. 4:07who come before the courts
  58. 4:08>> [music]
  59. 4:08>> go before Judge Ciavarella.
  60. 4:11And he has
  61. 4:12a wonderful, important message for you
  62. 4:15this morning. I'd like to introduce
  63. 4:17President Judge of Luzerne County, the
  64. 4:18Honorable Mark Ciavarella.
  65. 4:23>> [applause]
  66. 4:25>> Thank you, Kathy. Good morning.
  67. 4:28It's a pleasure to be here today,
  68. 4:31and it's a pleasure to see
  69. 4:33each and every one of you,
  70. 4:34and to get to deliver a message that I
  71. 4:37hope you listen to.
  72. 4:40I don't know what life has in store for
  73. 4:42you.
  74. 4:43I don't know what life has in store for
  75. 4:46me from this moment on.
  76. 4:49But I do know
  77. 4:51that there's only one person, one person
  78. 4:54in this whole world
  79. 4:55who can control what happens to me.
  80. 5:00That's me.
  81. 5:02And there's only one person in your life
  82. 5:05who can control what happens to you.
  83. 5:09And that's you.
  84. 5:12Whatever you have done in the past,
  85. 5:15whatever sins you have committed,
  86. 5:18you can't go back and undo it.
  87. 5:21You are going to have an opportunity
  88. 5:22today to experience
  89. 5:25what happens to people in prison.
  90. 5:29If you decide it's worth it,
  91. 5:31I'll be glad to put you there.
  92. 5:34I bought a moped. My parents bought it
  93. 5:36for me.
  94. 5:38It ended up to be stolen. [music]
  95. 5:40They paid $250 for it.
  96. 5:43I had it for, I think, like, 2 weeks.
  97. 5:47I guess someone saw me riding it and
  98. 5:49recognized it, and the cops came to my
  99. 5:51house.
  100. 5:52They read [music] the serial numbers or
  101. 5:54something, and they came up stolen.
  102. 5:58It just so happened to be that
  103. 6:00I bought something that was stolen.
  104. 6:04I tried to tell them this something's
  105. 6:05going on, and they told me that I was an
  106. 6:07overprotective parent. And I said,
  107. 6:09"Well, I don't know what that means. I
  108. 6:11said, but all I want is my son home."
  109. 6:15I was 12 years old, and uh I wanted to
  110. 6:17walk my younger brother to the bus stop.
  111. 6:20When I was 12, I had a I had a mouth on
  112. 6:21me.
  113. 6:23And I got into an argument with this
  114. 6:24little girl's mom. She was saying, "You
  115. 6:25shouldn't be using that language, blah
  116. 6:26blah blah." I mean, she was nowhere near
  117. 6:28as nice as I'm being about it right now.
  118. 6:29>> [music]
  119. 6:29>> And we got into a big argument. I was,
  120. 6:31you know, "F you, F you, F you." You
  121. 6:33know, it ended. It was nothing big, and
  122. 6:34I went to school, and uh I got to
  123. 6:35school, my principal came out, and uh
  124. 6:37first thing he did was, you know, "We
  125. 6:38got to pat you down. We got to search
  126. 6:39you." I knew there was something wrong
  127. 6:41that they were taking this [music] kid
  128. 6:43and locking him up time after time after
  129. 6:45time. There was never any such instance
  130. 6:47of guilt or innocence.
  131. 6:48>> [music]
  132. 6:48>> They were going. There was nothing.
  133. 6:50There was nothing anyone could do.
  134. 6:52Caller identified [music] himself as
  135. 6:54Officer Rusiski, and he said he was
  136. 6:56calling about my daughter, Hillary. She
  137. 6:59created a MySpace page, and I'm coming
  138. 7:01down to arrest her. [music]
  139. 7:03Ed was drinking.
  140. 7:05I
  141. 7:06remember Ed's father telling me that he
  142. 7:09knows [music] Ed's at this underage
  143. 7:10drinking party.
  144. 7:12He had this plan to go up with these two
  145. 7:15um cops that were friends of his, and
  146. 7:18they were going to go in, get Ed out of
  147. 7:20there, and get something on him that was
  148. 7:22going to get him caught, like, scare him
  149. 7:24straight kind [music] of thing. Little
  150. 7:26did I know that we have no rights, that
  151. 7:28he's in their custody now.
  152. 7:30I was in eighth grade. I was 13.
  153. 7:33Me and this girl, we used to be friends,
  154. 7:35but she was sitting there calling me a
  155. 7:36[ __ ] and a [ __ ] and I can't stand you
  156. 7:38because we weren't friends anymore. So,
  157. 7:40I threw a volleyball at her. Then, when
  158. 7:42she walked past me, she did one of those
  159. 7:43hair kind of flips in my face, and then
  160. 7:46I had it my
  161. 7:47>> [music]
  162. 7:47>> it was over. We ended up fighting. They
  163. 7:49took me to the office
  164. 7:51with the police officer. Called my
  165. 7:53father, told him to come get his crazy
  166. 7:55daughter out of their school. She's
  167. 7:56starting trouble.
  168. 7:58Your kid was locked up for slapping a
  169. 8:01girl. It shouldn't have never went any
  170. 8:03farther than the local magistrate
  171. 8:04[music] if the school wasn't satisfied
  172. 8:06with suspending her for 3 days. Not out
  173. 8:08to a juvenile judge.
  174. 8:11And then to find out it was all from
  175. 8:13greed.
  176. 8:15>> [music]
  177. 8:18>> This lady, she pulled my dad back, and
  178. 8:21she grabbed my arm, and she's like,
  179. 8:22"Come at me."
  180. 8:24Judge Ciavarella, he didn't even want to
  181. 8:27know anything from my side of the story.
  182. 8:32I was only 14.
  183. 8:34I couldn't believe that it was
  184. 8:36happening.
  185. 8:39I was just, you know, scared out of my
  186. 8:40mind. I cried in front of everyone in
  187. 8:42the courtroom for like 30 minutes.
  188. 8:46I remember him just turning around and
  189. 8:48looking at me, and I'll never forget
  190. 8:50that look.
  191. 8:56>> [music]
  192. 8:59>> Former Luzerne County Judge Mark
  193. 9:01Ciavarella faces charges [music]
  194. 9:02tonight. Prosecutors say he ruined
  195. 9:04countless young lives, sending children
  196. 9:06to jails in return for cash.
  197. 9:09Two judges [music] in Pennsylvania
  198. 9:11pleaded guilty today to taking huge
  199. 9:13payoffs to send teenagers to
  200. 9:15privately-run detention centers.
  201. 9:17>> Former judges Mark Ciavarella and
  202. 9:19Michael Conahan arrived at the federal
  203. 9:21courthouse.
  204. 9:21>> Prosecutors accused them of sending
  205. 9:23juveniles to a privately-run detention
  206. 9:25center.
  207. 9:25>> The evidence against [music] the former
  208. 9:27judges was compiled by the Federal
  209. 9:28Bureau of Investigation. In a scandal
  210. 9:31known as kids-for-cash, a kids-for-cash
  211. 9:34scheme. Dojin judges [music] are getting
  212. 9:36payback from the private sector. $2.6
  213. 9:38million in kickbacks in return for
  214. 9:41sentencing kids [music] to juvenile
  215. 9:43detention. Folks,
  216. 9:46that's not a bribe. I call that a
  217. 9:48justice bonus.
  218. 9:50>> [laughter]
  219. 9:50>> Young offenders, often with no prior
  220. 9:53record, were brought before these judges
  221. 9:55for charges as minor as writing prank
  222. 9:57notes. I don't deserve this. I mean, I'm
  223. 9:59not a criminal. These [music] people are
  224. 10:01wolves in sheep's clothing because the
  225. 10:04kids trust these people. The people in
  226. 10:06this county trusted this guy.
  227. 10:13>> [music]
  228. 10:24>> Times-Leader Terry Morgan. Okay, um so
  229. 10:25you're going to have a press conference
  230. 10:27and you're you're you're just getting
  231. 10:28people over there now. Judge Conahan and
  232. 10:30Judge Ciavarella had entered plea
  233. 10:32agreements with the federal government
  234. 10:34in which they were going to plead guilty
  235. 10:36to honest services fraud in a tax case.
  236. 10:39For Ciavarella, the key thing was that
  237. 10:41he had an obligation to tell the
  238. 10:43juveniles who were appearing before him
  239. 10:46that he had accepted money from this
  240. 10:48owner of this private juvenile detention
  241. 10:50center and that he did not do that. So,
  242. 10:52he deprived the public of his honest
  243. 10:54services.
  244. 10:56We'd interviewed Judge Ciavarella a
  245. 10:58number of times back in 2004 when we
  246. 11:00first started looking into what was
  247. 11:01happening in juvenile court. We'd
  248. 11:03actually gone to one of the schools
  249. 11:05while he was giving a presentation there
  250. 11:07because that was one of his big things.
  251. 11:09He went to every school every year and
  252. 11:12told them, "If you commit an an offense
  253. 11:13in school, I'm going to put you away."
  254. 11:16And that was his justification so that
  255. 11:17when they appeared before him, it didn't
  256. 11:19matter what the charge was. He'd ask
  257. 11:21him, "Were you there when I gave the
  258. 11:22speech?" Yes. "Did you hear what I
  259. 11:24said?" Yes. "What did I say?" "You said
  260. 11:26you put me away." "So, what do you
  261. 11:28think's going to happen now?" "You're
  262. 11:29going to put me away." "You're right.
  263. 11:31Take them out of here."
  264. 11:33I'm very shy, but once someone does get
  265. 11:36to know me, they find out that I don't
  266. 11:38shut up and I'm really loud. Um and I
  267. 11:41I'm extremely cynical and and and snarky
  268. 11:45and sarcastic and just a like I I made
  269. 11:48it my goal to be the funny guy. My
  270. 11:51girlfriends and I we started talking
  271. 11:53about how funny it would be if we made
  272. 11:55like a fake MySpace page about my vice
  273. 11:58principal and then it was decided that
  274. 12:01it had to be made and it was going to be
  275. 12:03hilarious.
  276. 12:05>> [music]
  277. 12:17>> The police officer said he was charging
  278. 12:19her with abuse of the internet,
  279. 12:22terrorism, stalking, one of which was a
  280. 12:26uh
  281. 12:27federal crime.
  282. 12:29And I'm like, "Oh my god." Like, I'm
  283. 12:31kind of freaking out. I told the officer
  284. 12:34that he was not speaking to my daughter
  285. 12:36without an attorney and that's when he
  286. 12:38started yelling.
  287. 12:39Telling me that parents like me try and
  288. 12:42get our children off and that's why
  289. 12:44they're bad kids and
  290. 12:46>> [music]
  291. 12:46>> as soon as I said no lawyer,
  292. 12:48he backed off.
  293. 12:50He said, "If you're going to be
  294. 12:51cooperative, you'll get instructions in
  295. 12:54the mail."
  296. 12:55And I was like, "He's telling us be
  297. 12:57cooperative and everything will be
  298. 12:58fine."
  299. 13:01When I came off the elevators, there
  300. 13:02were tables [music] and the woman slid a
  301. 13:04paper, a form, but it was blank. And she
  302. 13:07said, "Uh do you have an attorney?" And
  303. 13:09I said, "No." And she said, "Sign here."
  304. 13:11Okay, so I signed here.
  305. 13:14We were briskly brought into the
  306. 13:15courtroom.
  307. 13:17The judge leaned across the table and
  308. 13:20yelled, "What makes you think you can do
  309. 13:22this kind of crap?" And I had my hand on
  310. 13:25Hillary's shoulder so I could feel her
  311. 13:26backing up and I just whispered in her
  312. 13:29ear, "It's okay. It's okay."
  313. 13:31Things went very quick in the courtroom,
  314. 13:33>> [music]
  315. 13:33>> um about 60 seconds. And while I was
  316. 13:37being handcuffed, I could hear my mother
  317. 13:39wailing right next to me [music] and the
  318. 13:42woman who was cuffing me goes, "Look
  319. 13:43what you did to your mother." And I was
  320. 13:46just like I I was completely confused.
  321. 13:49[music]
  322. 13:51What flashed in my head is they just
  323. 13:53took my daughter away from me. She now
  324. 13:55legal and physical custody [music] is no
  325. 13:57longer mine and they're going to take
  326. 13:59her away. That's what that means.
  327. 14:01I don't know what to do. I was kind of
  328. 14:03numb.
  329. 14:04And then I started calling the locals,
  330. 14:07public defenders, the state, [music] the
  331. 14:10governor's action line. They told me to
  332. 14:11call the ACLU and they sent me to a
  333. 14:14woman at Rutgers University in New
  334. 14:16Jersey.
  335. 14:17And [music] she said, "Look, you're in
  336. 14:18Pennsylvania. I can't help you, but I
  337. 14:20know these wonderful people called
  338. 14:22Juvenile Law Center in Philadelphia."
  339. 14:27We received this phone call from Laurene
  340. 14:29Transue, Hillary Transue's mother, who
  341. 14:32told us a story that was eerily
  342. 14:35familiar.
  343. 14:37We first encountered Judge Ciavarella in
  344. 14:401999 and we had a call from a parent who
  345. 14:45contacted us about her then 12-year-old
  346. 14:48son who had been adjudicated delinquent
  347. 14:50by Judge Ciavarella.
  348. 14:53We were particularly interested in the
  349. 14:56fact that he had appeared without
  350. 14:57counsel in a violation of his
  351. 14:58constitutional rights. So, we appealed
  352. 15:00the adjudication and the Superior Court
  353. 15:03reversed this young man's delinquency
  354. 15:05adjudication.
  355. 15:07We had this impression that Ciavarella
  356. 15:10had been taught a lesson when we heard
  357. 15:12from Hillary Transue's mother because it
  358. 15:15was Ciavarella, because it was really
  359. 15:17just an identical situation. We wanted
  360. 15:21to understand whether or not this was a
  361. 15:23much broader problem.
  362. 15:25>> And Hillary suggested that it was. She
  363. 15:26said, "You know, I wasn't the only one
  364. 15:27in placement who was tried and sent away
  365. 15:30without a lawyer. There are other kids."
  366. 15:32We began to look at state data. Luzerne
  367. 15:35County had a rate of waiver of counsel
  368. 15:3710 times as high as the rest of the
  369. 15:39state. So, you had a really high number
  370. 15:41of kids appearing without counsel who
  371. 15:43were placed. These were all really
  372. 15:45really very red flags. The question for
  373. 15:48us at that point was what was really
  374. 15:50going on in Ciavarella's courtroom.
  375. 15:52We started to investigate further and we
  376. 15:54stood outside juvenile court. We started
  377. 15:56to get stories from from from kids about
  378. 15:59what had happened. Many of them were
  379. 16:00incarcerated for very minor offenses.
  380. 16:04Something's wrong here.
  381. 16:06I mean, I wanted to go stand on top of
  382. 16:07the Times-Leader building and scream,
  383. 16:09"Someone look at what's going on here.
  384. 16:11Someone please look at this." Once we
  385. 16:13put together the the picture that was
  386. 16:16emerging from Ciavarella's courtroom, we
  387. 16:18realized that
  388. 16:20the so-called promise of Ciavarella back
  389. 16:22in 2001 to respect the constitutional
  390. 16:25rights of kids to have counsel was an
  391. 16:27empty promise. We had to make a decision
  392. 16:29about what legal remedies we had
  393. 16:31available to us. We filed a King's Bench
  394. 16:34petition with the Pennsylvania Supreme
  395. 16:35Court to fix it. And for us, fixing it
  396. 16:37really was about undoing all of these
  397. 16:39convictions of these kids and expunging
  398. 16:42and erasing their records. We were not
  399. 16:44aware of the issue of the not having
  400. 16:45counsel. We didn't find out about that
  401. 16:47until 2008 when the Juvenile Law Center
  402. 16:50filed its petition. We were inundated
  403. 16:53with calls from parents saying, "That
  404. 16:56happened to me, too. They told me I
  405. 16:57didn't need an attorney. I went in
  406. 16:58there, 3 minutes in my kid was hauled
  407. 17:00away in shackles." This story after
  408. 17:03story after story. I I swear it was a
  409. 17:04broken record. Everyone independently
  410. 17:06told the same story.
  411. 17:07>> Immediately in the wake of our filing
  412. 17:09this application with the Pennsylvania
  413. 17:11Supreme Court, we received a call from
  414. 17:13someone identifying themselves as
  415. 17:15working for the FBI, which is not a call
  416. 17:17that we get every day here at Juvenile
  417. 17:19Law Center.
  418. 17:19>> But after speaking with Marsha and staff
  419. 17:22here and getting a sense of how the
  420. 17:23juvenile justice system operates and
  421. 17:24what we thought was going on,
  422. 17:26uh
  423. 17:27they got a search warrant and seized
  424. 17:29records.
  425. 17:32What they were interested in knowing
  426. 17:33from us was really tell us what you
  427. 17:36think was going on in Ciavarella's
  428. 17:38courtroom. How did you come to determine
  429. 17:40this? Tell us about the violations of
  430. 17:42right to counsel.
  431. 17:50She was a good kid, I guess I would have
  432. 17:52to say. She wasn't able to get away with
  433. 17:54very much of anything. She had an older
  434. 17:56brother and two older sisters. So, they
  435. 17:59kind of watched out for
  436. 18:00>> [music]
  437. 18:00>> but she was happy. You know, she wasn't
  438. 18:03a sad kid. She was never depressed, you
  439. 18:05know. [music] She was a singer. She was
  440. 18:07in chorus. When she was a little girl,
  441. 18:10Amanda and her sister missed, I would
  442. 18:13say like one day [music] of school.
  443. 18:15My mom and dad separated, but we still,
  444. 18:18you know, spent time with each other.
  445. 18:21I was straight A student, then I went
  446. 18:23starting to the Bs. As I was getting
  447. 18:25older, I started getting into Bs and not
  448. 18:27paying so much attention. I had like a
  449. 18:28crowd of friends that, you know, I
  450. 18:30wouldn't really my parents wouldn't
  451. 18:32really want me around, but then I had
  452. 18:33another crowd of friends that were like
  453. 18:35really positive with me. I was trying my
  454. 18:38best in school to stay out of trouble,
  455. 18:39you know what I mean, but it wouldn't
  456. 18:40work out all the time. That's when
  457. 18:43everything started.
  458. 18:46Raising the four boys, it wasn't easy,
  459. 18:48but we did a lot of together stuff. I
  460. 18:50mean, we struggled, don't get me wrong.
  461. 18:52It was a single parent home, single
  462. 18:53[music] income. I remember we used to
  463. 18:55have like a family game night. We would
  464. 18:58just sit around and play board games all
  465. 18:59night, which I thought was pretty cool
  466. 19:00because, you know, you see people doing
  467. 19:01it on commercials. So, that you know,
  468. 19:02puts in your mind that this is what it's
  469. 19:04supposed to be. You know what I mean? If
  470. 19:05you're not doing this, you're wrong.
  471. 19:06>> At that time, Justin was acting out. I
  472. 19:08was newly divorced. He wasn't a bad kid.
  473. 19:11He was just getting cocky.
  474. 19:13Justin was always a busy child. He was
  475. 19:15always extremely intelligent. He had a
  476. 19:17genius IQ by the time he was 7. I
  477. 19:19started like building like little
  478. 19:20websites and I got into computers, but
  479. 19:22that was before I was, you know, getting
  480. 19:25locked up and stuff.
  481. 19:27I would believe it was a normal
  482. 19:28childhood. I mean,
  483. 19:32I did everything [music]
  484. 19:33that every kid would do. I pretty much
  485. 19:36grew up camping, just state forests and
  486. 19:39stuff around here. My favorite thing was
  487. 19:42actually just being with my family. It
  488. 19:44was time spent with them.
  489. 19:46Once uh Charlie went to school, he
  490. 19:49wanted to go to school, wanted to go to
  491. 19:50school and uh
  492. 19:52the first day of school he went to
  493. 19:53school and he came back and he said I'm
  494. 19:55not going. He had a very tough time
  495. 19:58from then. There's a a little piece of
  496. 20:01skin that grows in your mouth on the the
  497. 20:03bottom. It had grown to his teeth, which
  498. 20:06made not only his vowels bad, it made
  499. 20:10every sound of the alphabet bad.
  500. 20:13Once he got out of uh
  501. 20:15elementary school, they put him in
  502. 20:18Plains Alternative Learning School,
  503. 20:20>> [music]
  504. 20:20>> and that is where
  505. 20:23um really the the trouble began. He'd
  506. 20:26come home and he'd say, "I shouldn't be
  507. 20:28there. I don't know where I should be,
  508. 20:29but this isn't the school for me." He'd
  509. 20:32say, "Mom, these these kids are bad."
  510. 20:34When I turned 14, [music]
  511. 20:36it just went down downhill.
  512. 20:40The first day I walked into the
  513. 20:41courthouse, I already went in with a
  514. 20:43feeling that something big unexpected's
  515. 20:45going to [music] happen. I'm already
  516. 20:46scared right from as soon as I got out
  517. 20:47of bed that morning. Like something's
  518. 20:48going to happen. I'm going to see a guy
  519. 20:49with a lot of power.
  520. 20:51This may not be good for me. We got to
  521. 20:52the the court building, and it's loaded.
  522. 20:56There's tons of people there. I didn't
  523. 20:58think [music]
  524. 20:59anything of it. Like I thought I was
  525. 21:01coming back home and everything. The
  526. 21:03dome inside the old courthouse is just
  527. 21:05so big. It's like it was designed to
  528. 21:06make you feel small. It was designed to
  529. 21:08scare me. You know what I mean? And it
  530. 21:10it worked. We were literally in there a
  531. 21:12minute and a half at the most. The judge
  532. 21:15had already had everything in front of
  533. 21:16him. All he did was look through some
  534. 21:18papers, and then he told me
  535. 21:21that was that was
  536. 21:23I was a troubled kid.
  537. 21:26And I don't think I was. It wasn't just
  538. 21:29the scooter. Judge Ciavarella actually
  539. 21:31took into account that Charlie was
  540. 21:33having problems in school.
  541. 21:35How did he put it now? What this appears
  542. 21:37to be is parents that have lost control
  543. 21:41of a child. And he said, "I think it's
  544. 21:44time for me to get this child back in
  545. 21:46control."
  546. 21:48And uh
  547. 21:49he said the Camp Adams 90 days.
  548. 21:53And they shackled my son and took him
  549. 21:55away, and that was that was
  550. 21:59They should not do that. They should not
  551. 22:01do that at all in front of a parent.
  552. 22:03That was the most horrible thing.
  553. 22:07I will never ever forget that part of
  554. 22:10it.
  555. 22:12They made me kneel with my knees on a
  556. 22:15chair, and they picked up my jeans, and
  557. 22:17they shackled my legs.
  558. 22:19And there's this little belt, and they
  559. 22:21shackled with a belt. They tied in the
  560. 22:22back, and they kept me in the shackles
  561. 22:24till we got to the detention place. That
  562. 22:26was
  563. 22:27crazy. I felt like I was a grown adult
  564. 22:30going to a big jail. Like if I'm
  565. 22:33thinking of a 13-year-old mind brain
  566. 22:35now, you know what I mean? And I'm going
  567. 22:36in these gray sweatpants and these
  568. 22:38shackles and handcuffs, and
  569. 22:40that makes me feel like I'm a really
  570. 22:41really bad kid. So while I'm having all
  571. 22:43my hands, I was like
  572. 22:45I didn't I was confused. us in this big
  573. 22:47van.
  574. 22:48They drove us up to LCJC.
  575. 22:52Most of what you see first is fences.
  576. 22:5420-ft tall fences with a rows of razor
  577. 22:56wire like I'm a convicted criminal, like
  578. 22:58I'm a a murderer. And that's what it
  579. 22:59feels like. You you feel like
  580. 23:01I'm now one of those people you see in
  581. 23:03the movies. Slider, please.
  582. 23:07I woke up in a nice bed with my family,
  583. 23:09and I went to sleep with cockroaches and
  584. 23:11criminals.
  585. 23:14Every time you went into a room, you had
  586. 23:15to do a roach look. Like to make sure
  587. 23:17there's no roaches anywhere.
  588. 23:19It's dirty, there's stains in the walls,
  589. 23:21and it's echoey like in the movie
  590. 23:22prisons. Like throughout the like the
  591. 23:24cell blocks.
  592. 23:25>> I was scared every day. I was scared
  593. 23:27every day because of the fact that I
  594. 23:28wasn't at home.
  595. 23:30I hate the fact that I can't go to
  596. 23:31school. Like that's your childhood life,
  597. 23:33growing up and going to school.
  598. 23:36You never realize how much you miss your
  599. 23:38parents until you're away from
  600. 23:43I feel like my heart was ripped out. So
  601. 23:45I was just depressed.
  602. 23:49You can't do nothing. You can't talk to
  603. 23:50nobody to come home early. Like you
  604. 23:52couldn't have in jail. You can't bail
  605. 23:53nobody out.
  606. 23:55They treated you like you were a piece
  607. 23:56of [ __ ]
  608. 23:58They used to just talk to you how they
  609. 23:59wanted to.
  610. 24:04All the kids are looking at you like,
  611. 24:05you know, who's this guy? You know, is
  612. 24:07he someone I'm going to have to worry
  613. 24:08about? Is he someone that I can take his
  614. 24:09stuff?
  615. 24:12I talked to staff more than the actual
  616. 24:13residents.
  617. 24:14I felt safe in that because a staff
  618. 24:16member isn't going to beat you up, at
  619. 24:18least not in this facility.
  620. 24:21You did a lot of like
  621. 24:23physical training, like running and
  622. 24:26jumping jacks and stuff.
  623. 24:28You stayed in your cell almost all day.
  624. 24:32The only time you leave is to go eat
  625. 24:35three times a day.
  626. 24:39The first 2 weeks, I didn't even have a
  627. 24:40pillow.
  628. 24:43Like you had to earn a pillow.
  629. 24:46All your hours in this little tiny room.
  630. 24:51Do your school work from in there and
  631. 24:53everything.
  632. 24:57Near the end of my stay, a kid said, you
  633. 24:58know, I had a home pass, and he goes, "I
  634. 24:59snuck in some weed." And I was 12, I
  635. 25:01never tried it. I was very interested
  636. 25:04just because, you know, 3 months of
  637. 25:05living around criminals, you're like,
  638. 25:06"Yeah, I want to do it, man. I want to I
  639. 25:07want to try it, too, you know?"
  640. 25:11That was the first time I'd ever done
  641. 25:13it. And that I was like, "Wow, you know,
  642. 25:15it was fun." Not even getting high part,
  643. 25:17it was just, you know, the unity.
  644. 25:20I'd write a lot of letters.
  645. 25:23They're not letters. They're more like,
  646. 25:24I don't know.
  647. 25:26Poemish things.
  648. 25:29Life presents us with challenges that we
  649. 25:32must overcome.
  650. 25:34And sometimes all the detours can leave
  651. 25:37the senses numb.
  652. 25:40Life is filled with stumbling blocks we
  653. 25:42pass along the way.
  654. 25:44But it can become a stepping stone when
  655. 25:46love comes into play.
  656. 25:49Wherever there is an obstacle that we
  657. 25:51must rise above, it helps to overcome it
  658. 25:54with an attitude of love.
  659. 25:56For anger never solves a thing, and
  660. 25:59stress will bring us down. But love
  661. 26:01unlocks the doorway where hope and faith
  662. 26:04are [music] found.
  663. 26:07Life presents us with challenges that we
  664. 26:10must rise above.
  665. 26:12And blessed is he who can maintain an
  666. 26:14attitude of love.
  667. 26:18I tried writing the judge a letter.
  668. 26:22I was just telling him like I learned my
  669. 26:24lesson. I never fought before. I
  670. 26:26apologize. Can you give me another
  671. 26:28chance? I just want to let me out on
  672. 26:29house arrest.
  673. 26:31>> [music]
  674. 26:31>> I said, "Will you let me out on
  675. 26:32probation? I miss my family. This is
  676. 26:34weird to me." And I said all that stuff
  677. 26:36to him.
  678. 26:39And I get nothing back.
  679. 26:42I just
  680. 26:43gave up, and I did my time.
  681. 26:46And the next thing you know, 4 years of
  682. 26:48my life just keeps going on, and keeps
  683. 26:49going on, and keeps going on.
  684. 26:57Kids were being sold for cash
  685. 27:01by former Luzerne County President Judge
  686. 27:04and Juvenile Judge Mark Ciavarella.
  687. 27:08And we're talking about what happened to
  688. 27:10them at the hands of this abusive judge.
  689. 27:15I'm Corbett. You're listening to WILK AM
  690. 27:18103.1 FM.
  691. 27:20Hello, Judge.
  692. 27:22Jim Avila, ABC News 20/20.
  693. 27:25You know, a lot of people are wondering
  694. 27:26how a man of such distinction like
  695. 27:27yourself
  696. 27:28could have gotten in so much trouble and
  697. 27:31sold these kids down the river.
  698. 27:32>> Well, let's stop right there. Didn't
  699. 27:34sell any kids down the river. I showed
  700. 27:36him in black and white what the US
  701. 27:38Attorney had charged, that he sentenced
  702. 27:40kids for cash. It's not what you think
  703. 27:43it means. Go talk to the juvenile people
  704. 27:45in Luzerne County, and you will
  705. 27:46understand what that means. This doesn't
  706. 27:47mean that you got improper money
  707. 27:50for placing juvenile offenders into PA
  708. 27:52child care. Yes.
  709. 27:53That's what it says. We came to a plea
  710. 27:55agreement. I'm not pleading guilty to
  711. 27:57anything relative to cash for kids,
  712. 27:59embezzlement, extortion,
  713. 28:01quid pro quo. Absolutely not.
  714. 28:04The judges initially entered a plea
  715. 28:06agreement with prosecutors in January of
  716. 28:082009. And the plea agreement they signed
  717. 28:11specified a specific sentence of 87
  718. 28:14months.
  719. 28:15Over the course of that time period,
  720. 28:18though, Ciavarella had spoken out
  721. 28:20publicly that he still maintained that
  722. 28:23he did not do anything wrong. I
  723. 28:25specifically remember one time that he
  724. 28:27was talking to one of the the television
  725. 28:29stations.
  726. 28:30He just adamantly maintained that, you
  727. 28:32know, he never jailed a kid for cash. It
  728. 28:34was always because he felt it was in the
  729. 28:35best interests of the of the juvenile.
  730. 28:38And he said that.
  731. 28:40And I and I was watching him, and I
  732. 28:41looked to my husband, and I said, "You
  733. 28:42know what?
  734. 28:43That judge is going to reject that plea
  735. 28:45agreement because of what he said." Good
  736. 28:47evening, everyone. I'm Candace Kelly.
  737. 28:48>> And I'm Drew Speier. Ciavarella and
  738. 28:50Conahan were previously accused of
  739. 28:52orchestrating what's been called one of
  740. 28:53the worst judicial scandals ever. But
  741. 28:56their plea deals bottomed out. Now the
  742. 28:58US Attorney's Office has filed a whole
  743. 29:01new case. In February, Conahan and
  744. 29:03Ciavarella pleaded guilty to honest
  745. 29:05services fraud, and were set to go to
  746. 29:07prison for 7 years. In July, a federal
  747. 29:10judge knocked that plea deal right off
  748. 29:12the table. Conahan was called an
  749. 29:14obstructionist, and the federal judge
  750. 29:16claimed Ciavarella denied his role in
  751. 29:18making cash off of imprisoning kids.
  752. 29:21They're now charged with money
  753. 29:22laundering, bribery, extortion, fraud,
  754. 29:25racketeering, and federal tax
  755. 29:27violations.
  756. 29:31Like I said, I just discussed it with
  757. 29:32everything, you know what I mean? I
  758. 29:34mean, here here's a guy that, you know
  759. 29:35what I mean?
  760. 29:37One of the best positions you can be in,
  761. 29:38a judge. A job of honor.
  762. 29:41And making terrific amount of money.
  763. 29:45Not counting all the gratuities, you
  764. 29:46know what I mean? He he to go
  765. 29:48and do this on top of everything else. I
  766. 29:50mean, that's just total greed.
  767. 29:53He was a public servant. He was trusted
  768. 29:55by the people to do a job. And he took
  769. 29:57advantage of us of us all. And that's
  770. 29:59very disheartening and it's pretty
  771. 30:00disgusting. I mean, he took advantage of
  772. 30:03you know,
  773. 30:04children that may have made a mistake
  774. 30:05somewhere along the line. He took it to
  775. 30:08the extreme. Like that fight in the
  776. 30:09school yard. We all got in fights in the
  777. 30:11school yard. You know, what I mean? I
  778. 30:13mean, there was a simple things that
  779. 30:14shouldn't have been sent to the
  780. 30:16detention center.
  781. 30:18I've known uh Mark Ciavarella for a long
  782. 30:21time. He was a, you know, very decent
  783. 30:23person, you know. And I was shocked when
  784. 30:25I found out what was going on.
  785. 30:28So, I I I just think he was a I won't
  786. 30:30say victim, you know, but he
  787. 30:32he just fell into a
  788. 30:33into a bad situation.
  789. 30:38Since the plea agreement was
  790. 30:40rejected, he he's not speaking to the
  791. 30:42media. He's learned to finally keep
  792. 30:44quiet.
  793. 30:46Are you ready to go to prison, Mark?
  794. 30:48Do you find it exonerating?
  795. 30:54I have not told my attorney that I
  796. 30:57agreed to do this documentary.
  797. 31:00And maybe
  798. 31:01me doing what I'm doing is going to come
  799. 31:03back
  800. 31:05to hurt me.
  801. 31:06But I felt this was an opportunity for
  802. 31:08me to let people know what really
  803. 31:10happened. I'm not this mad judge who was
  804. 31:13just throwing kids away and shipping
  805. 31:15them out and locking them up and putting
  806. 31:17them in shackles. No one would ever look
  807. 31:20at the whole picture. They only wanted
  808. 31:22to look at a little bit of the picture.
  809. 31:25All the media ever focused on was cash
  810. 31:27for kids.
  811. 31:29If that was something that the feds
  812. 31:31wanted to charge us with,
  813. 31:33then bring the charges and we'll go to
  814. 31:35trial.
  815. 31:37When Mark ran for judge, I
  816. 31:39I didn't know Mark that well.
  817. 31:41He came on the [music] bench in '96.
  818. 31:43That's when we started working together
  819. 31:45and developing a relationship and
  820. 31:46friendship.
  821. 31:47And we became very, very close friends.
  822. 31:50And still are today.
  823. 31:52Mark was a tough juvenile judge. But
  824. 31:55from all of the feedback I got when I
  825. 31:58was president [music] judge, from law
  826. 31:59enforcement, parents, the
  827. 32:02superintendents at the schools [music]
  828. 32:03and principals, uh told me he was
  829. 32:06working.
  830. 32:07He was doing a great job. I
  831. 32:09>> [music]
  832. 32:09>> I had never had a lawyer or anyone ever
  833. 32:11come to me and say that Mark was doing a
  834. 32:14bad job as juvenile judge or didn't have
  835. 32:17the interest of the kids at heart.
  836. 32:21Judge Ciavarella said did not plead
  837. 32:23guilty to kids for cash, I did not jail
  838. 32:25kids for money. But in reality, he never
  839. 32:27plead guilty to kids for cash. That's
  840. 32:29when the whole kids for cash angle was
  841. 32:30born.
  842. 32:32People saw they had a juvenile judge who
  843. 32:34was sending kids to a center. He got
  844. 32:36money from that center. They put one
  845. 32:38plus one together and it equaled two.
  846. 32:41And that really is an oversimplification
  847. 32:43of what happened.
  848. 32:44Mark started to talk about the
  849. 32:46deplorable conditions over the juvenile
  850. 32:48facility.
  851. 32:49Actually went to the commissioners and
  852. 32:51said, "We need you to build a new
  853. 32:53detention center."
  854. 32:56The commissioners said that they would
  855. 32:58build a facility, but they wanted to
  856. 32:59wait till after
  857. 33:00the election.
  858. 33:02The election came and went. There was no
  859. 33:05facility being built.
  860. 33:07From that point forward,
  861. 33:09my goal was to get a facility that was
  862. 33:11going to be safe
  863. 33:13and clean and an environment where I
  864. 33:15would feel comfortable if my kids had to
  865. 33:18go.
  866. 33:19Judge Ciavarella came in to see me one
  867. 33:21day and he said, "These guys aren't
  868. 33:22going to build this thing. It's never
  869. 33:24going to get done.
  870. 33:25You're good at putting investors
  871. 33:27together and doing things."
  872. 33:28>> [music]
  873. 33:29>> He said, "Why don't you try to put a
  874. 33:30group of investors together to build a
  875. 33:31juvenile detention center to lease it to
  876. 33:33the courts or the county." I said,
  877. 33:35"Okay, fine. I will."
  878. 33:39Judge Conahan was uniquely qualified to
  879. 33:41bring this deal together. He had a
  880. 33:43degree in finance and he was also a very
  881. 33:45wealthy and astute businessman. He had
  882. 33:47multiple business dealings in addition
  883. 33:49to being a judge. So, Conahan decided he
  884. 33:52was then going to seek out investors,
  885. 33:53including Robert Powell, who was a very
  886. 33:55good friend of his, to see if they could
  887. 33:57get money together to build a private
  888. 33:59for-profit center [music]
  889. 34:00that they then could lease to the
  890. 34:01county.
  891. 34:02Powell did that.
  892. 34:03Next, it goes back to Ciavarella.
  893. 34:06He was very good friends with Robert
  894. 34:08Mericle. He'd known him since uh Mericle
  895. 34:09basically was a kid.
  896. 34:11Mericle owned a construction company
  897. 34:13that specialized in in doing commercial
  898. 34:15developments. He suggested that Mericle
  899. 34:17put a bid in on the project, which
  900. 34:18Mericle did.
  901. 34:20He was the low bidder. He won the
  902. 34:22contract and then he built the center,
  903. 34:24which was owned by Powell and others.
  904. 34:26At some point, Robert Mericle walked
  905. 34:29into Ciavarella's chambers
  906. 34:31and told him that he was going to pay
  907. 34:33him a finder's fee as a reward for
  908. 34:35referring him. Ciavarella, on his own,
  909. 34:37decided that he was going to split it
  910. 34:39evenly with Judge Conahan. His reasoning
  911. 34:42was that Judge Conahan was the person
  912. 34:44who had put the deal all together. So,
  913. 34:45he felt that he was deserving of half
  914. 34:47the money.
  915. 34:50Rob Mericle was awarded the contract and
  916. 34:53after the contracts were in place,
  917. 34:56he said to me, and I'll never forget it,
  918. 34:58"This is your lucky day."
  919. 34:59And that's when he told me he was going
  920. 35:00to pay me a finder's fee. And that's
  921. 35:02when I asked him, "Is this legal? Is
  922. 35:03this something you can do?" And he said,
  923. 35:05"I do it all the time. Anybody that
  924. 35:06brings me a project, I pay them a
  925. 35:08finder's fee. And I'm going to pay you
  926. 35:10one."
  927. 35:1510% [music] of his construction cost,
  928. 35:17$2.2 million.
  929. 35:25I'm real good at this. I'm a news guy. I
  930. 35:27do this for a living. Now, from the
  931. 35:30Entercom Radio Studios in Northeast PA,
  932. 35:34here's Corbett. We're talking about
  933. 35:37justice. We're talking about lawyers.
  934. 35:39We're talking about kids for cash.
  935. 35:42Let's go to Michelle. Michelle calling
  936. 35:44from Harvey's Lake.
  937. 35:46What's your take on this today,
  938. 35:47Michelle? This thing that it was a
  939. 35:49finder's fee, I absolutely do not
  940. 35:52believe that any of the people involved
  941. 35:54believe that. When you pay a judge cash
  942. 35:56money for anything other than
  943. 35:59the job the judge is paid by the
  944. 36:02taxpayers to do,
  945. 36:04they call that a bribe. They call that a
  946. 36:06kickback.
  947. 36:09They accepted approximately $2 million
  948. 36:12from Robert Mericle. They claim it was a
  949. 36:14finder's fee.
  950. 36:16Finder's fee is not illegal. It happens
  951. 36:18a lot in real estate.
  952. 36:20What happened with Ciavarella, the
  953. 36:22reason it was illegal is he got the
  954. 36:23money and then he made judicial
  955. 36:25decisions without advising the people
  956. 36:28who were appearing before him that he
  957. 36:29took that money.
  958. 36:31And he also had not reported the income
  959. 36:33that he received on his taxes for that
  960. 36:35year.
  961. 36:36That is the only thing he has he is
  962. 36:37admitting to. Anything else regarding
  963. 36:40the kids for cash, he does not
  964. 36:41acknowledge.
  965. 36:43The first monies that we received were
  966. 36:46paid into Beverage Marketing. It was a
  967. 36:47company that Mike Conahan owned. He said
  968. 36:50to me, "Look it,
  969. 36:51I'm going to pay the taxes
  970. 36:53on
  971. 36:54this money." Unfortunately for me, he
  972. 36:56never paid the taxes.
  973. 36:58But what I ethically did wrong was I did
  974. 37:00not put Rob Mericle's name down on my
  975. 37:02ethics statement that I filed with the
  976. 37:04Supreme Court that I received income
  977. 37:07from an outside source.
  978. 37:08And and that was wrong. I had two
  979. 37:10choices.
  980. 37:12I could
  981. 37:14take the money and report it.
  982. 37:17And if I wasn't going to report it,
  983. 37:19don't take it.
  984. 37:21Well, I chose to take the money and not
  985. 37:22report it. But did I think it was a
  986. 37:24crime? No.
  987. 37:26Did I know I was committing an ethical
  988. 37:27violation? Absolutely. And the dark side
  989. 37:30is I wasn't strong enough
  990. 37:33ethically
  991. 37:34to not do that.
  992. 37:37I was concerned how people would
  993. 37:38perceive the juvenile court judge
  994. 37:40getting a finder's fee from the person
  995. 37:42who built the facility. It wouldn't be
  996. 37:44perceived too well.
  997. 37:46Well, unfortunately, that wasn't a good
  998. 37:48story. Cash for kids was a better story.
  999. 37:51Fill me with flaming desire. Normally,
  1000. 37:55I'd make some kind of a crack about this
  1001. 37:56being the kind of music that they play
  1002. 37:58at the going away parties for gangster
  1003. 38:00lawyers, but since we have Cliff Haines
  1004. 38:03on the line, who's the president of the
  1005. 38:05Pennsylvania Bar Association, I'll cut
  1006. 38:07you a break, Cliff. I won't say that.
  1007. 38:09>> But I think they plead guilty
  1008. 38:11conditionally
  1009. 38:13to a theft of honest services. Correct.
  1010. 38:16What does that mean? They didn't plead
  1011. 38:17guilty to
  1012. 38:20sending children to a juvenile
  1013. 38:24institution in return for cash.
  1014. 38:26>> See, the federal government will argue
  1015. 38:27with you that they did in fact do just
  1016. 38:30that. Cliff Haines is the president of
  1017. 38:32the Pennsylvania Bar Association. Come
  1018. 38:34back, we'll talk MORE WITH HIM. YOU
  1019. 38:36BETTER LISTEN.
  1020. 38:38The government said from day one that it
  1021. 38:40was a quid pro quo. Now, Ciavarella was
  1022. 38:42saying, "No, that's not true." And we
  1023. 38:44started to see that this might not come
  1024. 38:47together as smoothly this plea agreement
  1025. 38:49as as had originally been hoped for.
  1026. 38:52All I know is
  1027. 38:54the deal is off
  1028. 38:56and we're supposed to get ready for
  1029. 38:57trial. The feds say he sold kids for
  1030. 39:01cash. That's what the feds say they will
  1031. 39:04prove
  1032. 39:06if this case goes to trial.
  1033. 39:12Juvenile Law Center? I think what
  1034. 39:14Ciavarella did was akin to putting on a
  1035. 39:17robe and setting up a courtroom in his
  1036. 39:19garage.
  1037. 39:21When I received the call from Lorraine
  1038. 39:23Transue and she told me what had
  1039. 39:25happened to her daughter, who at that
  1040. 39:26point was a sophomore in high school,
  1041. 39:27our first concern was to get Hillary out
  1042. 39:30of placement and to undo the
  1043. 39:32adjudication of delinquency.
  1044. 39:35The day of my new court hearing, we
  1045. 39:38walked up to Judge Ciavarella and said
  1046. 39:42that the original trial that we held was
  1047. 39:45without an attorney and that
  1048. 39:48I [music] did not know that I had waived
  1049. 39:50my right to attorney.
  1050. 39:52And that we had to have another trial.
  1051. 39:55Ciavarella said, "All right, fine.
  1052. 39:58You've got a week then."
  1053. 40:01The night before I [music] had the
  1054. 40:03second court hearing, the Juvenile Law
  1055. 40:06Center was trying to work out something
  1056. 40:08called a consent decree.
  1057. 40:11A consent decree works similar to
  1058. 40:13probation, except the terms are sort of
  1059. 40:16negotiated. And at the end of the
  1060. 40:18consent decree, my record would be
  1061. 40:20expunged.
  1062. 40:22Unfortunately, [music] the victim had to
  1063. 40:24agree to the consent decree also.
  1064. 40:27That day at court, we went in and
  1065. 40:30Ciavarella [music] was like,
  1066. 40:32"Wow, the the victim agreed to this? I
  1067. 40:36guess I'll accept, [music] but
  1068. 40:38you know what I think should be done
  1069. 40:39with you so that you'll learn your
  1070. 40:41lesson." He seemed pretty bent on
  1071. 40:44sending me back.
  1072. 40:47The failure around the country for too
  1073. 40:49many years, and uh
  1074. 40:51for actually decades, is that facilities
  1075. 40:54have used a quarantine model. We'll just
  1076. 40:55keep a kid out of their own home
  1077. 40:57communities for a period of time with
  1078. 40:59different people, and they will be cured
  1079. 41:02somehow of their behavior, uh or at
  1080. 41:05least won't be misbehaving at home.
  1081. 41:07And when they return, they'll be better.
  1082. 41:09Well, it doesn't happen that way
  1083. 41:09automatically. Placement of a child
  1084. 41:11outside the home is an unnatural act
  1085. 41:13when it's done involuntarily. It can be
  1086. 41:14very traumatic and it disrupts normal
  1087. 41:17adolescent development.
  1088. 41:21They never let you out without
  1089. 41:23probation.
  1090. 41:24I got into a lot of trouble in school. I
  1091. 41:25would talk back to my teachers. I was
  1092. 41:27not a big fan of homework. And uh they
  1093. 41:30instead of saying go to the principal,
  1094. 41:32to me it was go to your probation
  1095. 41:33officer cuz he was right downstairs.
  1096. 41:37I mean, it was things like I jumped over
  1097. 41:39a table in the lunchroom one time, and
  1098. 41:40since my PO was in the school, that was
  1099. 41:42a violation.
  1100. 41:44As soon as I got down there, he pulled
  1101. 41:45out a pair of handcuffs. He's like, "All
  1102. 41:47right, if you do this again, you're
  1103. 41:48going away till you're 21." That's
  1104. 41:49scary.
  1105. 41:50>> [laughter]
  1106. 41:51>> When you know, when someone's sitting
  1107. 41:52there and they say, "You know, if you
  1108. 41:53mess up again, you're going to get 8
  1109. 41:54years." And you know, I I'm not past
  1110. 41:56puberty yet.
  1111. 41:59One of the disturbing features about the
  1112. 42:00juvenile justice system is that once
  1113. 42:02kids get into the system, it's
  1114. 42:03incredibly difficult for them to get
  1115. 42:05out. There's a There's a mechanism that
  1116. 42:08takes over that keeps kids in that
  1117. 42:10system. If they get out of a facility,
  1118. 42:12they're on probation. There are vast
  1119. 42:15numbers of kids across the country who
  1120. 42:16are picked up while on probation and
  1121. 42:19re-incarcerated for technical probation
  1122. 42:21violations.
  1123. 42:22It is often a story that can go on not
  1124. 42:25simply for months, but can go on for
  1125. 42:27years. I had to see that Ciavarella's
  1126. 42:29face so many times I could sketch it
  1127. 42:30from memory.
  1128. 42:33Ciavarella's like 3 and 1/2 ft on a good
  1129. 42:35day, but he has this this stand and this
  1130. 42:37chair that are just enormous. So, I
  1131. 42:40mean, I I'm seriously like this. My neck
  1132. 42:41hurt and trying to see this guy.
  1133. 42:44He sentenced me to Northwestern Academy,
  1134. 42:46which is like shave my head, military,
  1135. 42:49like screaming in my face. I'm 14
  1136. 42:50[music] years old, 13. Like,
  1137. 42:52"Dude, what do you want? I jumped over a
  1138. 42:54table."
  1139. 42:55You don't get a 12-year-old put him in a
  1140. 42:57placement with all these like criminals
  1141. 42:59and expect him to come out saying, "You
  1142. 43:00know, I'm going to be an outstanding
  1143. 43:01citizen." Oh, he comes out knowing how
  1144. 43:03to make explosives, knowing how to rob a
  1145. 43:05place and not get caught. [music]
  1146. 43:06Like, these kids would tell me things
  1147. 43:07that I really did not need to know at,
  1148. 43:10you know, 12, 13, 14.
  1149. 43:14I just wanted to escape so bad. [music]
  1150. 43:16I started drawing.
  1151. 43:21The first run is in a cage because I was
  1152. 43:23locked up. You used to like in a cage
  1153. 43:25all day.
  1154. 43:26The second one was a footstep, you know,
  1155. 43:27the actual act of me getting out of
  1156. 43:28there cuz I I kind of saw it as like a
  1157. 43:30threefold process.
  1158. 43:33And the last one is like the stripes of
  1159. 43:34the flag in it. Like, standing tall, I'm
  1160. 43:36free now.
  1161. 43:38You're stuck, you're out. You stay out.
  1162. 43:44When I did get released, that actually
  1163. 43:46probably was the happiest day of my
  1164. 43:47life.
  1165. 43:48>> [sighs]
  1166. 43:53>> When you jump in,
  1167. 43:55Oh my god.
  1168. 43:58My son, Eddie, he was always just a
  1169. 44:00fireball.
  1170. 44:022 years old, he rode a bicycle without
  1171. 44:04training wheels.
  1172. 44:07Ed's father, we weren't together for
  1173. 44:09real long, but he was always part of his
  1174. 44:12life.
  1175. 44:13Ed was, I would say, 8 or 9 years old
  1176. 44:17when the school started saying that he
  1177. 44:20had attention deficit disorder. He was
  1178. 44:22put on Ritalin.
  1179. 44:24I didn't like what it was doing to him,
  1180. 44:26and we didn't last long on it. I just
  1181. 44:28thought that I'd rather him be him, and
  1182. 44:31whatever we have to work on and deal
  1183. 44:33with,
  1184. 44:34we would just work on, and um he would
  1185. 44:36learn that way.
  1186. 44:38Ed was always a great kid, a respectful
  1187. 44:41kid.
  1188. 44:42But once he got older, 14, 15 years old,
  1189. 44:45he did drink.
  1190. 44:47I heard through his grandmother telling
  1191. 44:50me that Ed's father was drinking, and
  1192. 44:52she said Ed was drinking, too.
  1193. 44:56I never thought that was appropriate. He
  1194. 44:59needs you as a father, not not as his
  1195. 45:01friend. I became, I think, the mother
  1196. 45:03and the father.
  1197. 45:05The summer before his senior year, I'd
  1198. 45:07catch him sneaking out to go out with
  1199. 45:09his [music] friends. And his dad saw him
  1200. 45:10the one time coming home, and he had way
  1201. 45:12too much to drink. His dad had this plan
  1202. 45:15to go up with these two cops that were
  1203. 45:18friends of his, and they took the pipe
  1204. 45:22that was at this party and put it in his
  1205. 45:23truck so that it would be, you know, in
  1206. 45:25his possession.
  1207. 45:27All we ever wanted was the best for Ed,
  1208. 45:30you know, nobody's going to do anything
  1209. 45:31that, you know, you think [music] is is
  1210. 45:33going to hurt your kid.
  1211. 45:36I just remember standing in front of the
  1212. 45:38judge, and all I remember him saying
  1213. 45:41is, "I'm sending you to the juvenile
  1214. 45:43detention center for you to sit and
  1215. 45:45think about what you've done."
  1216. 45:48He went in there as a 17-year-old, you
  1217. 45:50know, free-spirited kid, and then he
  1218. 45:53came out of there like a like a hardened
  1219. 45:55man, I would say.
  1220. 45:58It wasn't long after he was out of there
  1221. 46:00that
  1222. 46:01he ended up getting into a fight
  1223. 46:04because he was still on probation. He
  1224. 46:06would have to go back in front of Judge
  1225. 46:08Ciavarella. Everybody was saying that if
  1226. 46:10you go back in front of him, he's going
  1227. 46:11to lock you up till you're 21.
  1228. 46:13Wasn't even 18 yet. So, um that's when
  1229. 46:16he ran away.
  1230. 46:19Went to Florida.
  1231. 46:21He's probably gone for
  1232. 46:23a month, and then he came home.
  1233. 46:262 whole years went by.
  1234. 46:28He was working in construction.
  1235. 46:31He seemed to be happy again, you know,
  1236. 46:33like, you know, just getting back to
  1237. 46:35normal, but there was still that warrant
  1238. 46:37from Judge Ciavarella.
  1239. 46:39Ed did get in a little fender bender,
  1240. 46:41and Judge Ciavarella sentenced him now
  1241. 46:44to a juvenile detention center, and he's
  1242. 46:46in this facility with 13- and
  1243. 46:4814-year-old kids.
  1244. 46:51Ed came out, and all I saw of him is
  1245. 46:54that, you know, he was just just pent up
  1246. 46:57with anger, he was.
  1247. 47:00Ed got into a fight again,
  1248. 47:02and uh
  1249. 47:04he was charged with aggravated assault.
  1250. 47:06So, he went to state prison.
  1251. 47:11Kids are not just small adults, and the
  1252. 47:14notion that kids who commit crimes
  1253. 47:17should be punished in the same way as
  1254. 47:19adults really ignores some very
  1255. 47:21fundamental things that we now know
  1256. 47:23about kids.
  1257. 47:27The part of their brain uh that really
  1258. 47:29governs their decision-making capacities
  1259. 47:32and their exercise of judgment [music]
  1260. 47:34is the last to develop, and so it
  1261. 47:35continues to develop uh well into the
  1262. 47:38early 20s.
  1263. 47:41Their decision-making capacities are
  1264. 47:42less mature.
  1265. 47:44Their appreciation of risk is
  1266. 47:46significantly less developed than that
  1267. 47:49of an adult. Their understanding of the
  1268. 47:51consequences of their behavior is
  1269. 47:53significantly less developed than that
  1270. 47:55of an adult.
  1271. 48:03Two judges stand criminally charged.
  1272. 48:07Whether they are guilty or innocent is
  1273. 48:09not for this [music] commission to
  1274. 48:11decide. Our focus is on developing
  1275. 48:14recommendations to improve
  1276. 48:16Pennsylvania's juvenile justice system.
  1277. 48:19Our concern is also the inaction of
  1278. 48:22others.
  1279. 48:23Those who knew but failed to speak.
  1280. 48:26Those who saw but failed to act.
  1281. 48:30Here I was saying, "I'm the adult, trust
  1282. 48:32me, because when we get to court, we can
  1283. 48:35trust [music] that police officer. We
  1284. 48:36can trust that judge to do the right
  1285. 48:39thing, to be fair, to use their
  1286. 48:41authority
  1287. 48:42>> [music]
  1288. 48:42>> appropriately."
  1289. 48:44And that's not what happened. Do you
  1290. 48:46just solemnly swear that the testimony
  1291. 48:47you're about to give will be the truth,
  1292. 48:49the whole truth, and nothing but the
  1293. 48:50truth?
  1294. 48:51I do. Have a seat, please.
  1295. 48:54When did you become a district attorney,
  1296. 48:55sir? Uh 2004. 2004? Yes. Who was the
  1297. 48:59judge presiding at that time?
  1298. 49:00>> [music]
  1299. 49:00>> Uh that would be Ciavarella. According
  1300. 49:02to the statistics that we've been
  1301. 49:03provided, approximately 54% of the cases
  1302. 49:05during this period uh were actually
  1303. 49:08cases where a counsel was not appointed
  1304. 49:10or counsel did not appear on behalf of
  1305. 49:12the of the youth who appeared in the
  1306. 49:13courtroom. I mean, half of the cases
  1307. 49:14were without counsel?
  1308. 49:15>> I mean, in in as much as I was there, I
  1309. 49:17would say that as much as you saw
  1310. 49:18lawyers, you didn't see lawyers.
  1311. 49:26I'm the primary civil rights lawyer in
  1312. 49:29northeastern Pennsylvania.
  1313. 49:33Judge Ciavarella orchestrated a waiver
  1314. 49:35system so that people were encouraged to
  1315. 49:38waive their right to a lawyer
  1316. 49:40out of court without adequate
  1317. 49:42explanations. It is unbelievable
  1318. 49:45that that number of people didn't have
  1319. 49:48lawyers. We're talking about children.
  1320. 49:50So, a child can't sign a contract. So,
  1321. 49:54now you have parents
  1322. 49:56signing away rights because the parents
  1323. 49:59are scared, because the parents are
  1324. 50:00being assured you don't really need a
  1325. 50:02lawyer.
  1326. 50:03>> I said to my friend, I said, "Man, did
  1327. 50:06you have like a lawyer?" And she was
  1328. 50:08like, "No, nobody has lawyers."
  1329. 50:11And I was like, "But haven't you seen
  1330. 50:13Law & Order? Like everybody has lawyers.
  1331. 50:15Like you're supposed to have a lawyer.
  1332. 50:17Like that's what If you don't have a
  1333. 50:18lawyer, you get one assigned to you.
  1334. 50:20Like isn't that then" She was like, "I
  1335. 50:22guess it doesn't work that way for
  1336. 50:24kids."
  1337. 50:29I never denied a kid a right to an
  1338. 50:31attorney. I shouldn't say that. Once I
  1339. 50:33did.
  1340. 50:34But from that point on, if you came into
  1341. 50:36my courtroom and you wanted a lawyer,
  1342. 50:38you got a continuance. That's why we had
  1343. 50:40that written waiver.
  1344. 50:42Because you can waive that right.
  1345. 50:44You would read it, you would sign it.
  1346. 50:46You come into court, I'd ask you if you
  1347. 50:48signed it, yes. Did you understand it,
  1348. 50:49yes. Okay, thank you, and we'd proceed
  1349. 50:51with the hearing. Wasn't to trick
  1350. 50:52somebody into, you know, pleading
  1351. 50:54guilty. You weren't guilty, you weren't
  1352. 50:56guilty.
  1353. 50:57Your constitutional rights are not
  1354. 50:59absolute. You can waive any one of those
  1355. 51:01rights.
  1356. 51:02The question becomes when you waive it,
  1357. 51:04did you make a knowing and voluntary
  1358. 51:05waiver?
  1359. 51:08I became an assistant public defender in
  1360. 51:101976,
  1361. 51:12and in 1980 became the chief public
  1362. 51:14defender. I've been head of been the
  1363. 51:15chief public defender since 1980. That's
  1364. 51:18been some 30 years I've been head of
  1365. 51:19that office.
  1366. 51:21I knew that there were a lot of kids in
  1367. 51:23there without the representation.
  1368. 51:25However, the only assumption we could
  1369. 51:27make was that there were proper waivers
  1370. 51:29in effect, that they waived their right
  1371. 51:31to an attorney.
  1372. 51:32Or all they have to say to the judge is
  1373. 51:34we want a lawyer, and I had a lawyer
  1374. 51:36standing there.
  1375. 51:37So, it was very easy to get a lawyer,
  1376. 51:40but I could also add the way Chivarello
  1377. 51:42ran the courtroom,
  1378. 51:44there was no difference in the
  1379. 51:45disposition of cases that kids were
  1380. 51:47represented or unrepresented. He sent
  1381. 51:49everybody away. It was a school crime,
  1382. 51:51you could have F. Lee Bailey there, and
  1383. 51:53they would have got away.
  1384. 51:55How did you come to work for the
  1385. 51:57juvenile probation office?
  1386. 51:59>> I applied for the job when it was
  1387. 52:00opened.
  1388. 52:01And which position was that?
  1389. 52:03>> The chief of juvenile probation {slash}
  1390. 52:05detention home administrator. What was
  1391. 52:08your role in the disposition hearing?
  1392. 52:10We handed the judge our recommendations.
  1393. 52:13Was there anything put into policy,
  1394. 52:16written policy? We [music] had zero
  1395. 52:18tolerance policies
  1396. 52:20that the judge had formulated.
  1397. 52:25We just all became so paranoid and so
  1398. 52:28afraid that if we didn't [music] address
  1399. 52:32school violence and school issues
  1400. 52:37in a stern way, something really bad
  1401. 52:39could happen.
  1402. 52:44The zero tolerance programs in [music]
  1403. 52:46the United States arose out of
  1404. 52:49shootings, killings, like Columbine in
  1405. 52:521999. We think we should have zero
  1406. 52:55tolerance for misbehavior [music]
  1407. 52:58in the sense that when kids misbehave,
  1408. 53:01they should be told that and taught how
  1409. 53:03to behave.
  1410. 53:05Zero tolerance also rested on the notion
  1411. 53:08that kids
  1412. 53:09are just like adults in the way that
  1413. 53:11they would be deterred [music] from
  1414. 53:13misbehaving. And if they knew that they
  1415. 53:15would be suspended, expelled, or
  1416. 53:16arrested for a wide range of typical
  1417. 53:19adolescent misbehavior, that they
  1418. 53:22wouldn't behave like teens, which is, of
  1419. 53:24course, farcical.
  1420. 53:26>> [music]
  1421. 53:26>> So, what we have in this country is a
  1422. 53:28zero tolerance policy based on
  1423. 53:30deterrence theory that has no
  1424. 53:31application to adolescence that
  1425. 53:35suspends, expels, and arrests tens of
  1426. 53:38thousands and hundreds of thousands of
  1427. 53:40kids a year.
  1428. 53:43Certainly after Columbine, everybody had
  1429. 53:46to take a step back and say, you know,
  1430. 53:47how do we protect our kids? And
  1431. 53:49unfortunately, there's that that word
  1432. 53:51liability, you know, it is is always out
  1433. 53:54there.
  1434. 53:55I've been with the Sewickley Area School
  1435. 53:57District for 41 years in many different
  1436. 54:00capacities, and finally a
  1437. 54:01superintendent. I've been superintendent
  1438. 54:03for approximately 15 years.
  1439. 54:05Certainly we're here to educate
  1440. 54:07children, but our most important
  1441. 54:09responsibility is to provide a safe and
  1442. 54:10secure environment. No one wants to send
  1443. 54:13their child to an environment that they
  1444. 54:15believe is not safe.
  1445. 54:18What we have done over the past several
  1446. 54:20years is we've hired a director of
  1447. 54:21safety [music] and security,
  1448. 54:23and we have three full-time uniformed
  1449. 54:26police officers [music]
  1450. 54:27that are within our school districts.
  1451. 54:30We've introduced zero tolerance
  1452. 54:32policies, especially when it deals with
  1453. 54:35safety, security,
  1454. 54:37and things like [music] that.
  1455. 54:41The zero tolerance
  1456. 54:42>> [music]
  1457. 54:42>> has done an enormous amount of harm in
  1458. 54:44the United States.
  1459. 54:45>> We often refer to it as zero logic, zero
  1460. 54:47sense. And I think like scared [music]
  1461. 54:50straight programs, Chivarello used it as
  1462. 54:54a program that he thought would operate
  1463. 54:56as some deterrents.
  1464. 55:00Columbine really did play an additional
  1465. 55:02role in what happened. The schools just
  1466. 55:05really started to crack down, and cases
  1467. 55:07that normally would have been handled
  1468. 55:08informally now went to juvenile court.
  1469. 55:10And if you went to juvenile court before
  1470. 55:12Mark Chivarello, and you committed a
  1471. 55:13crime in school, you were going to
  1472. 55:15juvenile detention.
  1473. 55:17And also,
  1474. 55:18everyone again assumes that he jailed
  1475. 55:22kids for cash.
  1476. 55:23But he always jailed kids. If you look
  1477. 55:26at his placement rates dating back from
  1478. 55:281996 when he took the court, he had
  1479. 55:30extremely high placement rate in the 20%
  1480. 55:32range. It wasn't just after building a
  1481. 55:35private juvenile detention center, and
  1482. 55:37certainly that that taints the idea of
  1483. 55:40why he was jailing the juveniles,
  1484. 55:42but he was always jailing them. There
  1485. 55:45were letters of praise for Judge
  1486. 55:46Chivarello for his philosophy. There
  1487. 55:48were editorials in the newspaper, what a
  1488. 55:50great judge he was,
  1489. 55:52cleaning up the schools, cleaning up the
  1490. 55:54streets.
  1491. 56:00I wanted these kids to think that I was
  1492. 56:02the biggest SOB that ever lived.
  1493. 56:05I wanted them to be scared [music] out
  1494. 56:07of their minds
  1495. 56:09when they had to deal with me, because I
  1496. 56:11was hoping because of that that they
  1497. 56:13would never put themselves in a position
  1498. 56:15again where they had to come back and
  1499. 56:16deal with me.
  1500. 56:18Family has an awful lot to do with
  1501. 56:21why and how a kid gets [music] in the
  1502. 56:22system.
  1503. 56:25People don't know how to be parents.
  1504. 56:29To me, the juvenile system was trying to
  1505. 56:31teach children to be responsible.
  1506. 56:35When I was growing up,
  1507. 56:37didn't need the system to take care of
  1508. 56:39my problems. My mother and father took
  1509. 56:42care of my problems. I wanted to revert
  1510. 56:44back to how
  1511. 56:46my mom and dad raised us. And they
  1512. 56:47raised us with a lot of love, a lot of
  1513. 56:49caring, but a lot of discipline.
  1514. 56:53My father was very hot-tempered,
  1515. 56:56easy to fly off the handle.
  1516. 57:00I was a freshman or sophomore in high
  1517. 57:02school, and we drank a couple quarts of
  1518. 57:04beer one night. One friend said, "Why
  1519. 57:06don't we take that car and go for a
  1520. 57:08joyride?"
  1521. 57:09As we were about [music] to get in the
  1522. 57:11car,
  1523. 57:12I heard this voice say, "What are you
  1524. 57:14doing?"
  1525. 57:17I see my cousin and my friend take off.
  1526. 57:22Police officer [music] says to me,
  1527. 57:24"You better come with me."
  1528. 57:26The next thing I know, juvenile
  1529. 57:29detective John Gannis said he'd give me
  1530. 57:31a ride home.
  1531. 57:33And as we're driving to East End, I am
  1532. 57:35getting sicker and sicker and sicker.
  1533. 57:39We walk in the house, my mother calls my
  1534. 57:41father,
  1535. 57:43and he said to me, "What's the problem
  1536. 57:44here?"
  1537. 57:45I looked at my father, and I said, "We
  1538. 57:47were going to steal." [music] I didn't
  1539. 57:48get the word out of my mouth, and he
  1540. 57:50just looks at me, and he says to me,
  1541. 57:52"Look at your mother." And she was just
  1542. 57:54hysterical. And she gives a "Can't
  1543. 57:55believe my son's a criminal."
  1544. 57:58At which point in time, my father starts
  1545. 58:00to wind up, and I know it's coming. And
  1546. 58:03he hits me, knocks me out cold.
  1547. 58:15Your view of this is that placements
  1548. 58:18were done as part of a rehab program
  1549. 58:21>> thought out
  1550. 58:22judicial philosophy. Yes. That you
  1551. 58:25supported. To a degree I supported it.
  1552. 58:29So, you have no basis to conclude that
  1553. 58:32these placements were made from any
  1554. 58:35improper, ulterior, or illegal motive. I
  1555. 58:39don't think so.
  1556. 58:40Unless I'm very naive, I don't think he
  1557. 58:42did.
  1558. 58:44The schools had a lot of influence in
  1559. 58:47uh initiating complaints into the
  1560. 58:49juvenile system.
  1561. 58:50>> We were faced with what occurred at
  1562. 58:53Columbine, and I think there was a
  1563. 58:55reaction across the country and probably
  1564. 58:58the world that you need to get tough
  1565. 59:01with these kids.
  1566. 59:01>> Why was it that everybody was so willing
  1567. 59:03to say it's zero tolerance that these
  1568. 59:05kids are being placed?
  1569. 59:06>> Because everybody loved it. The schools
  1570. 59:08absolutely loved it. They got rid of
  1571. 59:10every bad kid in their school. When I
  1572. 59:13was in school, if you threw a spitball,
  1573. 59:14maybe you went to the principal's office
  1574. 59:16and sat for a couple periods.
  1575. 59:18Last couple years, if you threw a
  1576. 59:20spitball, they got the police, and you
  1577. 59:22ended up in juvenile court and get sent
  1578. 59:24away.
  1579. 59:26Young people need to know very clearly
  1580. 59:29that there is a consequence for them if
  1581. 59:32they decide to violate the law.
  1582. 59:35And the consequence has to be clear
  1583. 59:37and has to be fairly immediate.
  1584. 59:40And I think that's one of the
  1585. 59:41responsibilities of the juvenile justice
  1586. 59:43system.
  1587. 59:44The reality is that we have seen a
  1588. 59:47substantial increase in the numbers of
  1589. 59:49referrals to the juvenile justice
  1590. 59:50system.
  1591. 59:51Prior to Columbine, when misconduct
  1592. 59:53occurred on school grounds, we all knew
  1593. 59:55what the response would be. It would be
  1594. 59:57a suspension, it would be after-school
  1595. 59:59detention, it would be a slap on the
  1596. 1:00:01wrist, a note in your file. But since
  1597. 1:00:03Columbine, there [music] has been a rush
  1598. 1:00:05to assume that the juvenile justice
  1599. 1:00:07system can manage all behavior. That, of
  1600. 1:00:10course, has been an over-response, it's
  1601. 1:00:12a misuse of the juvenile justice system.
  1602. 1:00:17It's becoming a common thing to have
  1603. 1:00:20police officers and probation officers
  1604. 1:00:22>> [music]
  1605. 1:00:23>> either in the school or very nearby.
  1606. 1:00:27I don't agree with that.
  1607. 1:00:30You can't allow that one person
  1608. 1:00:32to disrupt things to a point where
  1609. 1:00:34everybody else is paying the price for
  1610. 1:00:36their
  1611. 1:00:37inability to control themselves.
  1612. 1:00:40If there's an officer there, probation
  1613. 1:00:42officer there, it's almost like a
  1614. 1:00:43challenge to the students. And then I
  1615. 1:00:45think it sends the message that hey, we
  1616. 1:00:48as as school faculty and administration
  1617. 1:00:51can't handle you.
  1618. 1:00:54We're going to arrest them. And
  1619. 1:00:56>> [music]
  1620. 1:00:56>> we will do that in in an in an instant
  1621. 1:00:58if we believe it's the right thing to
  1622. 1:00:59do.
  1623. 1:01:06Upon returning to school, I just got
  1624. 1:01:09lower and lower and lower in my mood.
  1625. 1:01:13A probation officer has his own office
  1626. 1:01:15in the school.
  1627. 1:01:17Sitting in the probation office was
  1628. 1:01:19humiliating. Big, huge windows and
  1629. 1:01:23everyone's walking by in between classes
  1630. 1:01:25and there you are with your probation
  1631. 1:01:27officer. And
  1632. 1:01:28>> [music]
  1633. 1:01:28>> some teachers, I think, were really
  1634. 1:01:30disrespectful to me and a lot of that
  1635. 1:01:33stemmed from the fact that well, oh,
  1636. 1:01:35she's one of those stupid kids that got
  1637. 1:01:37sent to camp.
  1638. 1:01:43When I came home from placement to go
  1639. 1:01:45back to school,
  1640. 1:01:47for the first like month, I was okay.
  1641. 1:01:49And then after that, I fought with my
  1642. 1:01:50teachers, I argued, I was getting
  1643. 1:01:52suspended. [music]
  1644. 1:01:53I I felt like the new girl again and I
  1645. 1:01:56really wasn't because I knew everybody.
  1646. 1:01:58But then
  1647. 1:01:59>> [music]
  1648. 1:01:59>> like I have everybody like asking me
  1649. 1:02:01what did I did, how's lockup, thinking
  1650. 1:02:03it was like cool and stuff. And to me,
  1651. 1:02:04it wasn't cool.
  1652. 1:02:08The one time I made a comment in my
  1653. 1:02:10class because I was known for being the
  1654. 1:02:12jokester and the big mouth and we were
  1655. 1:02:14talking about this silly evacuation
  1656. 1:02:16program that
  1657. 1:02:18if anyone [music] came with a gun and we
  1658. 1:02:20had to
  1659. 1:02:21run, we would all go out into this huge
  1660. 1:02:23field and run away from the school. So I
  1661. 1:02:25said, well, you know what, you stick
  1662. 1:02:27with your evacuation plan. I'm friends
  1663. 1:02:29with everybody, so that kid is going to
  1664. 1:02:31remember that I let him borrow my pencil
  1665. 1:02:33one time.
  1666. 1:02:35And then the teacher [music] took me to
  1667. 1:02:37the guidance counselor's office and said
  1668. 1:02:39that I knew someone who was going to
  1669. 1:02:40shoot up the school.
  1670. 1:02:44I didn't fit [music] in. That's how I
  1671. 1:02:45felt like. I didn't belong there.
  1672. 1:02:48At first, I was telling my father like,
  1673. 1:02:49you know, there's something that [music]
  1674. 1:02:50feels like it's not right with me. I
  1675. 1:02:52don't feel like I could be around people
  1676. 1:02:53or something and
  1677. 1:02:55he didn't believe me. He just said I was
  1678. 1:02:56making excuses up not to go to [music]
  1679. 1:02:58school and I was telling him like that
  1680. 1:03:00everything's just so in my head all the
  1681. 1:03:02time and
  1682. 1:03:03it makes me nervous to just be around
  1683. 1:03:05[music] people.
  1684. 1:03:06It really does.
  1685. 1:03:08And I know I'm not crazy, but
  1686. 1:03:10something's not right. Like I cry,
  1687. 1:03:13>> [music]
  1688. 1:03:13>> I can't breathe sometimes. I'm like and
  1689. 1:03:15it's not me, something's wrong.
  1690. 1:03:17That's when I got diagnosed with a
  1691. 1:03:18post-traumatic stress disorder,
  1692. 1:03:20depression, [music] severe anxiety and
  1693. 1:03:22mood swings.
  1694. 1:03:23And then I was just missing school and
  1695. 1:03:25missing school. I missed 78 days in my
  1696. 1:03:27junior year.
  1697. 1:03:30So then I just stay away.
  1698. 1:03:37October,
  1699. 1:03:39I came home
  1700. 1:03:40for good.
  1701. 1:03:43For all those years I missed
  1702. 1:03:46high school, I never went to a prom, all
  1703. 1:03:49my birthdays until my recent one, my
  1704. 1:03:5119th birthday, I was always in a
  1705. 1:03:54placement somewhere.
  1706. 1:04:11I feel
  1707. 1:04:13like it's my I fall.
  1708. 1:04:16It's my husband's my fault that Charlie
  1709. 1:04:19lost 5 years of his life.
  1710. 1:04:23>> [snorts]
  1711. 1:04:23>> You know, they're supposed to be, you
  1712. 1:04:24know, your
  1713. 1:04:27uh your good years, you know, your fun
  1714. 1:04:29years,
  1715. 1:04:31your teenage years. What does he have to
  1716. 1:04:33talk about, you know? His lockups?
  1717. 1:04:45A lot of people ask me if I hold a
  1718. 1:04:47resentment against the judge or
  1719. 1:04:49anything. I I don't.
  1720. 1:04:52I move on with my life.
  1721. 1:04:54That's how That's what I think I should
  1722. 1:04:56do.
  1723. 1:04:58Pursue college and
  1724. 1:05:01I don't know, family.
  1725. 1:05:06So, that's what I'm going to do.
  1726. 1:05:09Future, I think looks good for me.
  1727. 1:05:20News 16 at 11.
  1728. 1:05:23Good evening, I'm Scott Schaffer. We
  1729. 1:05:24begin tonight with another development
  1730. 1:05:25in the ongoing corruption case in
  1731. 1:05:27Luzerne County as a former judge agrees
  1732. 1:05:30to plead guilty for a second time.
  1733. 1:05:32>> Judge Conahan, do you want to say
  1734. 1:05:32anything about the guilty plea today to
  1735. 1:05:34the uh taxpayers of Luzerne County?
  1736. 1:05:36>> I don't have a comment right now, Andy.
  1737. 1:05:37Thank you, though.
  1738. 1:05:38Former [snorts] Luzerne County Judge
  1739. 1:05:39Michael Conahan admits he was a major
  1740. 1:05:41player in the alleged kids-for-cash
  1741. 1:05:43scheme, investigators say, and now
  1742. 1:05:45Conahan agrees he and former Judge Mark
  1743. 1:05:47Ciavarella worked together to make sure
  1744. 1:05:50the PA Child Care Center would be built
  1745. 1:05:52and thrive.
  1746. 1:05:53According to federal prosecutors, Judge
  1747. 1:05:56Conahan, as president judge, did
  1748. 1:05:58everything he could to hide the kickback
  1749. 1:06:00scheme. He made sure the county-owned
  1750. 1:06:02juvenile facility was closed down and
  1751. 1:06:05then he guaranteed that juveniles would
  1752. 1:06:07be sent to the private facility in which
  1753. 1:06:09he had a business interest.
  1754. 1:06:12Michael Conahan is going down. I told
  1755. 1:06:15you he was a gangster judge, remember?
  1756. 1:06:17How long have I been telling you? Once a
  1757. 1:06:19gangster, always a gangster.
  1758. 1:06:22It all goes back to to Conahan. This
  1759. 1:06:25guy's a from a district justice to a
  1760. 1:06:27judge and and he had his hand in quite a
  1761. 1:06:29few things. See, ambulance [music]
  1762. 1:06:31company, beverage companies, the the
  1763. 1:06:33strip club.
  1764. 1:06:35Conahan had business ranging from beer
  1765. 1:06:37distributorship to ambulance company. So
  1766. 1:06:41if there was anybody who knew how to put
  1767. 1:06:42something together, it was him.
  1768. 1:06:51I started coming to Florida, I would
  1769. 1:06:52say, in 1979.
  1770. 1:06:55We just absolutely loved coming down
  1771. 1:06:57here.
  1772. 1:06:58I retired in January 2008.
  1773. 1:07:03In the last year, I've been trying to
  1774. 1:07:04get down here as much as possible just
  1775. 1:07:06to clear my head and stay away from all
  1776. 1:07:08the publicity
  1777. 1:07:09up in northeastern Pennsylvania and just
  1778. 1:07:11mind my own business and keep a low
  1779. 1:07:13profile as possible.
  1780. 1:07:18There's a side of me that loves Luzerne
  1781. 1:07:19County and I miss my family and friends.
  1782. 1:07:22Realizing that I made a mistake and I
  1783. 1:07:24shouldn't have done what what I did,
  1784. 1:07:26I agreed to sign the plea agreement.
  1785. 1:07:29I should have had no business
  1786. 1:07:30arrangements with the juvenile detention
  1787. 1:07:32center.
  1788. 1:07:33I'm willing to accept the consequences
  1789. 1:07:35for it.
  1790. 1:07:37Once they got the money, they then took
  1791. 1:07:39a lot of steps to conceal how they got
  1792. 1:07:41it or what it was for.
  1793. 1:07:43Mericle would write up a commission and
  1794. 1:07:46registration agreement in which she
  1795. 1:07:48purported to pay a broker's fee to
  1796. 1:07:51Robert Powell, who is the attorney. Then
  1797. 1:07:53they would wire that money to another
  1798. 1:07:55account that was held in a bank in I
  1799. 1:07:56believe it was Susquehanna County.
  1800. 1:07:59And then money from there would be
  1801. 1:08:00transferred to businesses that were
  1802. 1:08:02controlled by Conahan. One of those
  1803. 1:08:03businesses was Beverage Marketing, which
  1804. 1:08:06is a beer distributorship that Conahan
  1805. 1:08:08owned. And then again, through another
  1806. 1:08:09series of financial transactions, the
  1807. 1:08:11money would be paid out and sent to bank
  1808. 1:08:14accounts controlled by Conahan and
  1809. 1:08:16Ciavarella. [music]
  1810. 1:08:18It all goes back to Beverage Marketing
  1811. 1:08:20and he's listed that on his financial
  1812. 1:08:22forms.
  1813. 1:08:24I don't think that any of the monies
  1814. 1:08:25that were brought into Beverage
  1815. 1:08:26Marketing that
  1816. 1:08:27it's wrong. I mean, if if it was a
  1817. 1:08:29finder's fee and I brought it in,
  1818. 1:08:30whether I brought it into Beverage
  1819. 1:08:31Marketing, whether I brought it under my
  1820. 1:08:33name, whether I gave it to you, whether
  1821. 1:08:34I gave it to charity, I I don't see as
  1822. 1:08:36that's some kind of concealment. I mean,
  1823. 1:08:38people wire money, give checks, that's a
  1824. 1:08:40normal course [music] of business.
  1825. 1:08:42Conahan wielded immense power. He
  1826. 1:08:44decided that he was going to remove
  1827. 1:08:45funding from the county budget for the
  1828. 1:08:47county-run juvenile detention center.
  1829. 1:08:49[music] That meant they were going to
  1830. 1:08:50have to close it down. It was well known
  1831. 1:08:52at that time that Ciavarella was a
  1832. 1:08:54no-nonsense, zero-tolerance judge and
  1833. 1:08:56that he had high placement rates.
  1834. 1:08:59But even with [music] that, banks were
  1835. 1:09:00still leery about funding this new
  1836. 1:09:03juvenile detention center.
  1837. 1:09:05So the next thing that Conahan did is
  1838. 1:09:07that he signed a secret placement
  1839. 1:09:09guarantee with Robert [music] Powell,
  1840. 1:09:11which essentially assured that the
  1841. 1:09:13county would send juveniles to this
  1842. 1:09:15center.
  1843. 1:09:17Conahan really was, I think, to a large
  1844. 1:09:19extent, the ringleader here.
  1845. 1:09:21And that Ciavarella kind of just
  1846. 1:09:23followed along.
  1847. 1:09:39>> Only in the case that
  1848. 1:09:41he and I participated in a scheme to
  1849. 1:09:44basically get a kickback gratuity.
  1850. 1:09:47I don't care so much if you didn't just
  1851. 1:09:48outright lie to me.
  1852. 1:09:50Well, let's put it this way, every time
  1853. 1:09:51we think it can't get any worse, it
  1854. 1:09:53does.
  1855. 1:09:54It does.
  1856. 1:10:00I did something wrong in accepting the
  1857. 1:10:02compensation while I was a judge.
  1858. 1:10:05That's the issue.
  1859. 1:10:07The government is saying to me, "Look,
  1860. 1:10:08it was extrajudicial compensation.
  1861. 1:10:09[music]
  1862. 1:10:10You shouldn't have taken it. It was an
  1863. 1:10:12ethical violation. It was corrupt.
  1864. 1:10:15We're going to call it a gratuity.
  1865. 1:10:17You're going to admit that [music] it's
  1866. 1:10:17a gratuity, and therefore it's going to
  1867. 1:10:19be a kickback." He told me when he
  1868. 1:10:22entered his guilty plea that he would
  1869. 1:10:23never
  1870. 1:10:24agree to any facts that had in it a
  1871. 1:10:26kickback or a bribe.
  1872. 1:10:29Kids for cash, [music] anything. And he
  1873. 1:10:31just And the first document they sent
  1874. 1:10:32him is nothing but
  1875. 1:10:34a scheme for a bribe or a kickback,
  1876. 1:10:37[music]
  1877. 1:10:38and he signs it.
  1878. 1:10:40There's no factual truth to the scheme.
  1879. 1:10:42There was no scheme.
  1880. 1:10:45Just don't understand how he could tell
  1881. 1:10:46me one thing and then do something
  1882. 1:10:48completely different.
  1883. 1:10:53If this is the least thing that I have
  1884. 1:10:55to admit to doing,
  1885. 1:10:56I I can live with all of that.
  1886. 1:11:00I can justify that in my mind. [music]
  1887. 1:11:04I think Dad is still somewhat delusional
  1888. 1:11:08about Mike Conahan.
  1889. 1:11:10He was kind of the puppet master, just
  1890. 1:11:12you know, with the strings and and my
  1891. 1:11:14dad being on the string, just dangling.
  1892. 1:11:16I just I truly believe that there was
  1893. 1:11:18something
  1894. 1:11:19that Mike Conahan, that the government
  1895. 1:11:21had on him.
  1896. 1:11:23I I I I have to say he led a very
  1897. 1:11:24different life than than my dad led.
  1898. 1:11:27>> betrayed? Absolutely.
  1899. 1:11:29Do I feel lied to? Definitely.
  1900. 1:11:32Can I believe what Mike has done to me?
  1901. 1:11:35No, I can't.
  1902. 1:11:36But the reality is he has done it.
  1903. 1:11:38And now I have to live with it.
  1904. 1:11:46Judge, are you are you afraid these
  1905. 1:11:48days?
  1906. 1:11:50I try to deal with it one day at a time.
  1907. 1:11:55One issue at a time.
  1908. 1:11:57And I know in my heart
  1909. 1:12:00that I didn't do
  1910. 1:12:01what these people say I did.
  1911. 1:12:03And because I know that I didn't do what
  1912. 1:12:06people are saying I did, I can live with
  1913. 1:12:09myself, and I can live with the result.
  1914. 1:12:13I will risk going to jail for the rest
  1915. 1:12:15of my life
  1916. 1:12:16than ever admit that I did something
  1917. 1:12:18that I didn't do.
  1918. 1:12:22Time of trial,
  1919. 1:12:23everyone's going to know that I never
  1920. 1:12:25sent a kid away for a penny.
  1921. 1:12:28Everyone will know that.
  1922. 1:12:46Love you.
  1923. 1:12:46>> Love you.
  1924. 1:12:57Why [music] are we putting him on trial
  1925. 1:12:59court? Well, but don't you believe He's
  1926. 1:13:00so guilty. Yeah, but don't you believe
  1927. 1:13:03he's got the right to
  1928. 1:13:05present a defense? That's the
  1929. 1:13:07cornerstone of the American way. Isn't
  1930. 1:13:10what you're saying completely contrary
  1931. 1:13:12to everything we believe in in America?
  1932. 1:13:16No, he's guilty.
  1933. 1:13:20High security for a defendant not in
  1934. 1:13:22custody here in federal court in
  1935. 1:13:24Scranton. This is former judge Mark
  1936. 1:13:26Ciavarella and his attorneys and all
  1937. 1:13:27their files
  1938. 1:13:28>> [music]
  1939. 1:13:29>> going into the federal courthouse in
  1940. 1:13:30downtown Scranton.
  1941. 1:13:32Ciavarella was indicted for his alleged
  1942. 1:13:34role in the kids-for-cash scandal 2
  1943. 1:13:35years ago. Jury selection starting here
  1944. 1:13:38this morning.
  1945. 1:13:43For the openings, I was thinking about
  1946. 1:13:45playing off of the conflicting
  1947. 1:13:46portraits, these these guys who just got
  1948. 1:13:49dumb luck that this guy came and wanted
  1949. 1:13:50to give them a million bucks. He didn't
  1950. 1:13:52know it was And it they didn't know it
  1951. 1:13:54was wrong. Right. They didn't know it
  1952. 1:13:55was wrong.
  1953. 1:13:56>> [laughter]
  1954. 1:13:56>> You almost have to laugh about it. And
  1955. 1:13:58that's that's your brain. Ciavarella's
  1956. 1:14:00always maintained there was no kids for
  1957. 1:14:01cash, and it wasn't about kids for cash
  1958. 1:14:04cuz he wasn't on trial for that. He was
  1959. 1:14:05on trial for the monetary transactions.
  1960. 1:14:08And the government explained that they
  1961. 1:14:09had legal and strategic reasons for not
  1962. 1:14:12bringing that aspect in.
  1963. 1:14:13They had solid evidence of the monetary
  1964. 1:14:16transactions, and that was going to be
  1965. 1:14:17enough to get a commission, and so
  1966. 1:14:18that's why they opted to go that way.
  1967. 1:14:21Was this kids for cash?
  1968. 1:14:25Who Who can say other than Mark
  1969. 1:14:27Ciavarella?
  1970. 1:14:28But the public will never ever agree
  1971. 1:14:30that it wasn't.
  1972. 1:14:32I know a lot of the public is
  1973. 1:14:33disappointed
  1974. 1:14:35that Mark Ciavarella was not charged
  1975. 1:14:37with kids for cash.
  1976. 1:14:39And that would have allowed Mark
  1977. 1:14:41Ciavarella to put on evidence that he
  1978. 1:14:43wasn't selling kids for cash, that he
  1979. 1:14:45did this before, or that some kids'
  1980. 1:14:48families thought he did the right thing.
  1981. 1:14:50It would have opened up a whole can of
  1982. 1:14:51worms. So, it seems to me the US
  1983. 1:14:53attorney made
  1984. 1:14:55wise decisions and prosecuted him just
  1985. 1:14:58for financial crimes. Because if Mark
  1986. 1:15:01Ciavarella goes to jail for 12 or 15
  1987. 1:15:03years, or however many years,
  1988. 1:15:06what does it matter if it was for
  1989. 1:15:07financial crimes or for something else?
  1990. 1:15:11>> [music]
  1991. 1:15:22[music]
  1992. 1:15:27>> Every time I walked out of court,
  1993. 1:15:30a reporter would ask me, "Do you have
  1994. 1:15:31anything to say to the children?"
  1995. 1:15:34Okay.
  1996. 1:15:35Uh the children that you put away.
  1997. 1:15:38And I never responded to that.
  1998. 1:15:40I would say that I did what I thought
  1999. 1:15:43was right for you.
  2000. 1:15:45I'm sorry that I didn't set a better
  2001. 1:15:47example
  2002. 1:15:48as to how you should lead your life.
  2003. 1:15:51But when I was making decisions that
  2004. 1:15:53affected your life, I was doing what I
  2005. 1:15:55thought was in your best interest.
  2006. 1:16:01The public corruption trial in federal
  2007. 1:16:04court in Scranton against former Luzerne
  2008. 1:16:07County President Judge and Juvenile
  2009. 1:16:10Judge Mark Ciavarella wrapping up today.
  2010. 1:16:14They're still in there. They just got
  2011. 1:16:15done reading all the charges. I don't
  2012. 1:16:16think they're going to be in custody.
  2013. 1:16:19Former Luzerne County Judge Mark
  2014. 1:16:21Ciavarella, who's still in courtroom
  2015. 1:16:22number one on the fourth floor, where
  2016. 1:16:24he's been for the past 10 days as the
  2017. 1:16:26trial proceeded, is now convicted.
  2018. 1:16:29Former Judge Mark Ciavarella. It's kind
  2019. 1:16:31of I think the calm before the storm
  2020. 1:16:33right now. Mixed verdicts, but at the
  2021. 1:16:35end of the day, guilty [music] of some
  2022. 1:16:37very, very serious crimes. Tony! Tony!
  2023. 1:16:49What do you feel, Al? Should we be
  2024. 1:16:49enjoying?
  2025. 1:16:51We're amazed.
  2026. 1:16:53Um the jury rejected 95% of the
  2027. 1:16:56government's case. They rejected most of
  2028. 1:16:58the theories regarding kickbacks and
  2029. 1:17:00bribes.
  2030. 1:17:01Um the government really got hurt today
  2031. 1:17:03in this entire case. And it stands for
  2032. 1:17:07the proposition that what Mark
  2033. 1:17:08Ciavarella said all along was true. He
  2034. 1:17:11never took a kickback. He never took a
  2035. 1:17:13bribe. This is not a cash-for-kids case,
  2036. 1:17:16and we hope somebody starts getting the
  2037. 1:17:18message.
  2038. 1:17:20>> My kid's NOT HERE! HE'S DEAD! HE GAVE
  2039. 1:17:22THEM HELL! HE RUINED MY [ __ ] LIFE! I
  2040. 1:17:25WANT THEM TO GO TO HELL AND ROT THERE
  2041. 1:17:27FOREVER!
  2042. 1:17:29NO, YOU KNOW WHAT HE TOLD EVERYBODY IN
  2043. 1:17:30COURT? They need to be held ACCOUNTABLE
  2044. 1:17:32FOR THEIR ACTIONS. YOU NEED TO BE. Do
  2045. 1:17:34you remember me? Do you remember me? DO
  2046. 1:17:37YOU REMEMBER MY SON? AN ALL-STAR
  2047. 1:17:39WRESTLER? He's gone! HE SHOT HIMSELF IN
  2048. 1:17:41THE HEART! YOU SCUMBAG! YOU RUINED MY
  2049. 1:17:44LIFE!
  2050. 1:17:54MARK CIAVARELLA
  2051. 1:17:56guilty
  2052. 1:17:57on 12 of 39 federal felonies. Judgment
  2053. 1:18:02day has arrived, and Mark Ciavarella is
  2054. 1:18:05going to hell. Does he still get your
  2055. 1:18:07pension? Try to look back.
  2056. 1:18:10Ciavarella was found guilty of
  2057. 1:18:12racketeering charges, mail fraud, one
  2058. 1:18:14count of money laundering, fraud
  2059. 1:18:16conspiracy, and filing false tax
  2060. 1:18:18returns. The jury found [music] the
  2061. 1:18:19ex-Luzerne County judge not guilty of 27
  2062. 1:18:23charges, including wire fraud, receiving
  2063. 1:18:26bribes, five counts of [music] money
  2064. 1:18:27laundering, and extortion.
  2065. 1:18:31I was a little disappointed that they
  2066. 1:18:33didn't nail him on more charges, but I
  2067. 1:18:34guess they got him on enough to
  2068. 1:18:38put him
  2069. 1:18:39put him away for 10, 15 years at least.
  2070. 1:18:42I mean, he's 60 years old. You know, if
  2071. 1:18:44he gets 15 years,
  2072. 1:18:45he's 75. Unless he gets out for, you
  2073. 1:18:47know,
  2074. 1:18:48good time or stuff. Now, maybe he'll uh
  2075. 1:18:51get to
  2076. 1:18:52see what it feels like when you're
  2077. 1:18:53separated from your family.
  2078. 1:18:56And what about his mother?
  2079. 1:19:00I know his son committed suicide or
  2080. 1:19:02something.
  2081. 1:19:03Shot himself in the heart.
  2082. 1:19:05You got to get back to him.
  2083. 1:19:22Jury
  2084. 1:19:24>> January of 2010,
  2085. 1:19:27Ed was released from the state [music]
  2086. 1:19:29prison.
  2087. 1:19:30And uh
  2088. 1:19:31he came home and he was home for 5
  2089. 1:19:33months he lasted.
  2090. 1:20:04It was Memorial Day.
  2091. 1:20:06Ed
  2092. 1:20:07is up the mountain, up with his dad.
  2093. 1:20:15>> [music]
  2094. 1:20:17>> They were drinking all day.
  2095. 1:20:20Their usual stuff.
  2096. 1:20:23Of course, he's not supposed to be
  2097. 1:20:24drinking. He's on parole.
  2098. 1:20:27He was arguing with his dad.
  2099. 1:20:33And I'm talking to him. I was trying to
  2100. 1:20:35[music] get him to come here, you know,
  2101. 1:20:36you have work tomorrow. Ed, just come
  2102. 1:20:38and go to sleep. No, I'm just going to
  2103. 1:20:40uh I want to be somewhere [music] closer
  2104. 1:20:41to work.
  2105. 1:20:50And he ended up going back to his um
  2106. 1:20:52little cabin right by the water.
  2107. 1:20:56Took a gun and shot himself in the
  2108. 1:20:57heart.
  2109. 1:21:18These are all hearts.
  2110. 1:21:22I just talked to Ed and I I told him,
  2111. 1:21:24you know, I was having a really hard
  2112. 1:21:25time and I need a sign to know that he's
  2113. 1:21:28with me and
  2114. 1:21:30I was walking and my foot just hit it
  2115. 1:21:32and you know, I just automatically bent
  2116. 1:21:34down to pick it up and when I picked it
  2117. 1:21:35up, I thought to myself,
  2118. 1:21:37you know, wow, that looks like kind of
  2119. 1:21:38like a crooked heart and then I turned
  2120. 1:21:40it over and that's what it was.
  2121. 1:21:47This one I
  2122. 1:21:48found up at um nature park. And it's
  2123. 1:21:51just a round balled rock and it has a
  2124. 1:21:53heart. It looks like it was carved in
  2125. 1:21:55there. I found that right in the water.
  2126. 1:21:59No matter how many signs I get,
  2127. 1:22:01I still
  2128. 1:22:02miss his voice. I miss hearing the words
  2129. 1:22:04Mom. I miss his smile.
  2130. 1:22:08I miss talking to him. I miss, you know,
  2131. 1:22:10everything. Vacations and holidays and
  2132. 1:22:33It wasn't like that
  2133. 1:22:34we lived this
  2134. 1:22:36grandiose life.
  2135. 1:22:38Most of the money that I received, I
  2136. 1:22:40used to send my kids to school. Paid off
  2137. 1:22:43some debt.
  2138. 1:22:45And here I am, I'm 60 years old today
  2139. 1:22:47and uh
  2140. 1:22:48I have nothing.
  2141. 1:22:49Living
  2142. 1:22:51with my
  2143. 1:22:52brother-in-law and sister-in-law.
  2144. 1:22:58I've struggled with, you know, why did I
  2145. 1:23:00take this money?
  2146. 1:23:03I don't necessarily know if it was greed
  2147. 1:23:04that that caused me to do it. I think it
  2148. 1:23:07was more a sense of financial security.
  2149. 1:23:10You know, all the things that you want
  2150. 1:23:11to do for your children, now I had the
  2151. 1:23:13opportunity to do because I was going to
  2152. 1:23:15get this money.
  2153. 1:23:16And uh
  2154. 1:23:20destroyed my life because of it.
  2155. 1:23:29I have
  2156. 1:23:31a grandchild who is going to be two in
  2157. 1:23:33July.
  2158. 1:23:36I have a grandchild on the way.
  2159. 1:23:40There's a good chance that
  2160. 1:23:43those children really won't know me in a
  2161. 1:23:45personal sense.
  2162. 1:23:47That they will probably only know me
  2163. 1:23:49through stories or photographs or
  2164. 1:23:54I hope that they
  2165. 1:23:56understand that
  2166. 1:23:58I wasn't as bad
  2167. 1:24:00as people say I was.
  2168. 1:24:05I would hope that they
  2169. 1:24:07understand that their grandfather
  2170. 1:24:11screwed up big time.
  2171. 1:24:14And
  2172. 1:24:24couldn't be in their life because of it.
  2173. 1:24:31Kind of tough.
  2174. 1:24:36What they get to knows.
  2175. 1:24:43>> [snorts]
  2176. 1:24:47>> The grandfather is a scumbucket.
  2177. 1:25:26Today I stand before you about to be
  2178. 1:25:28sentenced to a term of imprisonment.
  2179. 1:25:29[music]
  2180. 1:25:31I would like to take this opportunity to
  2181. 1:25:32apologize to the citizens of Luzerne
  2182. 1:25:34County for violating the trust they
  2183. 1:25:36placed in me.
  2184. 1:25:39To all the juveniles who appeared before
  2185. 1:25:40me, I would also apologize to them and
  2186. 1:25:43ask that they forgive me for being a
  2187. 1:25:44hypocrite.
  2188. 1:25:46I had hoped that they would learn from
  2189. 1:25:47my mistake
  2190. 1:25:49and realize that everything we do in
  2191. 1:25:50life has consequences.
  2192. 1:25:53I've been publicly [music] convicted of
  2193. 1:25:54a crime I never committed.
  2194. 1:25:57There was no connection between the
  2195. 1:25:58money I had received and the children I
  2196. 1:26:00placed at PA Child Care.
  2197. 1:26:05But yet today, I stand before you guilty
  2198. 1:26:07[music] for being the kids-for-cash
  2199. 1:26:08judge.
  2200. 1:26:10Those three words made me the
  2201. 1:26:12personification of evil.
  2202. 1:26:14It caused a public [music] uproar,
  2203. 1:26:15the likes of which this community has
  2204. 1:26:17never seen.
  2205. 1:26:21I have lost everything that I have ever
  2206. 1:26:22worked for or cared about.
  2207. 1:26:24But I will never lose my will
  2208. 1:26:26to fight against individuals who say I
  2209. 1:26:28took cash to put children in in
  2210. 1:26:30placement when I never did.
  2211. 1:26:33Your honor, I would only ask that the
  2212. 1:26:35sentence be for the crimes I was found
  2213. 1:26:36[music] guilty of committing and not for
  2214. 1:26:38crime or crimes I did not commit.
  2215. 1:26:41Thank you for giving me this opportunity
  2216. 1:26:43to say what I had to say.
  2217. 1:26:46Well, the an appeal will definitely be
  2218. 1:26:48taken.
  2219. 1:27:22>> [music]
  2220. 1:27:31>> As a journalist, you should live, eat,
  2221. 1:27:32and breathe to have a story like this.
  2222. 1:27:35But it's distressing that it happened in
  2223. 1:27:37your county to people that you knew.
  2224. 1:27:40That they were Sandy Fonzo, I I was
  2225. 1:27:43I was devastated listening to her. It
  2226. 1:27:45was just heartbreaking.
  2227. 1:27:49I look at that picture of her on page
  2228. 1:27:53on it anything. This is This is the
  2229. 1:27:55thing I'm going to remember most from
  2230. 1:27:56this entire
  2231. 1:27:572 years.
  2232. 1:28:00>> [music]
  2233. 1:28:05[music]
  2234. 1:28:06>> The next day my phone wouldn't stop
  2235. 1:28:08ringing. It was message after message. I
  2236. 1:28:09mean, every day it went on, you know,
  2237. 1:28:11for weeks.
  2238. 1:28:13Different [music] advocacy groups were
  2239. 1:28:15calling. A lot of people are reaching
  2240. 1:28:17out to me and this happened to me and
  2241. 1:28:19please help me and
  2242. 1:28:20>> [music]
  2243. 1:28:21>> and you know, I felt like overwhelmed
  2244. 1:28:22like I you know, I'm not a lawyer. I'm
  2245. 1:28:24not, you know, all I can do is [music]
  2246. 1:28:27what I just did.
  2247. 1:28:38No one listened because we were kids.
  2248. 1:28:40Even though [music] sometimes when I was
  2249. 1:28:42sitting in camp and I was like, you
  2250. 1:28:44know, this is so unfair. I I hate
  2251. 1:28:47authority. I hate judges and cops and
  2252. 1:28:49everyone. I hate our legal system.
  2253. 1:28:52Then I ended up being saved by the legal
  2254. 1:28:55system.
  2255. 1:28:57There are people who are still good and
  2256. 1:28:59capable of being able to serve justice
  2257. 1:29:02when appropriate. [music]
  2258. 1:29:04Something so negative can be turned
  2259. 1:29:06around.
  2260. 1:29:17Almost 22, I'm still not in school.
  2261. 1:29:20It's kind of embarrassing, I think.
  2262. 1:29:23What I what I want to do in life is I
  2263. 1:29:25wanted to go to music school. Berklee
  2264. 1:29:27College of Music. Out of all the the
  2265. 1:29:28music schools, it's like the most
  2266. 1:29:30prestigious. It's like you have to be
  2267. 1:29:31the best of the best to get in there. I
  2268. 1:29:33want to be a musician. [music]
  2269. 1:29:35When I was in North Central, they had
  2270. 1:29:36this program that if you were 17, you
  2271. 1:29:38can get a GED and you never have to go
  2272. 1:29:40to high school again, which, you know,
  2273. 1:29:41>> [music]
  2274. 1:29:41>> as a 17-year-old, no school? Yeah.
  2275. 1:29:44Uh I also regret getting my GED now
  2276. 1:29:47because anyone else I knew was going to
  2277. 1:29:49college, they stuck out high school,
  2278. 1:29:51they have good grades, and now they have
  2279. 1:29:52so many more options than I do.
  2280. 1:30:07If I didn't go into homeschooling, I'd
  2281. 1:30:08probably be a dropout.
  2282. 1:30:11I'm still graduating from the same
  2283. 1:30:12school. I'm still going into the school
  2284. 1:30:14to graduate.
  2285. 1:30:17I put in my hair. I started feeling a
  2286. 1:30:19little nervous.
  2287. 1:30:20I feel like I'm going to puke.
  2288. 1:30:23I'm taking medication so I don't freak
  2289. 1:30:25out and stuff like that. I keep getting
  2290. 1:30:27like the cold sweats and stuff cuz
  2291. 1:30:29there's going to be so many people there
  2292. 1:30:31and I'm like really really really really
  2293. 1:30:32nervous of them.
  2294. 1:30:34I'm glad I made it to the end.
  2295. 1:30:37I really didn't think I was going to
  2296. 1:30:38graduate.
  2297. 1:30:39My mom and my dad
  2298. 1:30:41and my sister,
  2299. 1:30:43they just kept giving me the confidence
  2300. 1:30:45and everything. Amanda, you could do
  2301. 1:30:46this. You could do this. And they
  2302. 1:30:47wouldn't give up on me.
  2303. 1:30:53I'm the only one that graduated out of
  2304. 1:30:54my dad's kids.
  2305. 1:30:59Amanda Laura
  2306. 1:31:02>> [cheering]
  2307. 1:31:04>> I was pretty nervous [music] on stage.
  2308. 1:31:07And then,
  2309. 1:31:08you know, it just it left me.
  2310. 1:31:11The best feeling in the world. I never
  2311. 1:31:13felt like this before. Like I feel like
  2312. 1:31:15I want to cry of joy.
  2313. 1:31:35Sometimes I feel like the choices that I
  2314. 1:31:37made were
  2315. 1:31:39they were wrong. I didn't do the best I
  2316. 1:31:42could do and
  2317. 1:31:43that makes it hard when I look at your
  2318. 1:31:45picture and I know that you're in here.
  2319. 1:31:48They charged me with using a credit
  2320. 1:31:50card, which I didn't.
  2321. 1:31:52It was
  2322. 1:31:53my grandfather's and my step uh
  2323. 1:31:55grandmother's.
  2324. 1:31:57Total charges that I got was 31 counts
  2325. 1:32:00access [music] device fraud
  2326. 1:32:01for using credit card, obviously, and
  2327. 1:32:04one count of receiving stolen property
  2328. 1:32:06[music] for having it.
  2329. 1:32:08I don't remember doing it. I was all
  2330. 1:32:10messed up, drinking.
  2331. 1:32:12>> [music]
  2332. 1:32:12>> Wasn't just drinking, either. I was
  2333. 1:32:13smoking pot and, you know, taking pills.
  2334. 1:32:17Everything was hard. I needed to find a
  2335. 1:32:20job. I was 18.
  2336. 1:32:23And while I was in placement, they
  2337. 1:32:24really never like they don't
  2338. 1:32:26they don't teach you anything like that,
  2339. 1:32:28like what to do
  2340. 1:32:31in the real world.
  2341. 1:32:33I sure could use help, I guess.
  2342. 1:32:38It's a good thing maybe I'm here, I
  2343. 1:32:39don't know.

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