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CRIME AND CRIMINALS :
LAW: CASE: DECISIONS :
LAW: JUDGES:
'Cash for Kids': Judge Who Took $2m from Private Jail Owner
to Imprison Innocent Children is Locked Up:
Meet The Googles Explores the Negative Aspects of Private Prisons
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'Cash for kids': Judge who took $2m from private jail owner to imprison
innocent children is locked up
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By Lee Moran
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Last updated at 11:50 AM on 24th September 2011
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Daily Mail
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http://www.dailymail.co.uk/news/article-2041325/
Cash-kids-Judge-took-2m-jail-owner-imprison-children-locked-up.html
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A shorter URL for the above link:
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A former judge who locked up thousands of innocent children in a scam that
made him and a co-conspirator more than $2 million has been jailed for
17-and-a-half-years.
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Michael Conahan, 59, took the money in bribes from the builder of two
profit-making detention centres in Pennsylvania.
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He then 'routinely trampled on youths' constitutional rights' by
sentencing innocent children to serve at the unit - while getting payments
from the venues' owners for keeping the facilities' full.
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The former Luzerne County President Judge, appearing in a Scranton federal
courtroom, apologised to the 4,000 children for his role in the now
notorious 'kids for cash' case.
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Conahan, who pleaded guilty to the racketeering conspiracy last year,
said: 'The system is not corrupt. I was corrupt.'
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He added: 'My actions undermined your faith in the system and contributed
to the difficulty in your lives. I am sorry you were victimised.'
Federal prosecutors said Conahan and his co-conspirator, fellow former
Luzerne County Judge Mark Ciavarella Jr, took more than $2 million in
bribes from the builder of the PA Child Care and Western PA Child Care
detention centres.
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They then extorted hundreds of thousands of dollars from the facilities'
co-owner. Ciavarella took his case to trial and was convicted of some of
the charges, and was sentenced last month to 28 years in prison.
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Conahan was said to be a once-powerful man who regularly met for breakfast
with the reputed boss of a north eastern Pennsylvania Mafia family.
The Pennsylvania Supreme Court said it had now overturned 4,000 of the
juvenile convictions.
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snip
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In sentencing Conahan, Kosik spoke of the deep-rooted political culture
that produced him, one in which corruption is tacitly accepted.
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2 judges stand together until they face justice
By Michael R. Sisak (Staff Writer)
Published: September 24, 2011
Times Tribune
http://thetimes-tribune.com/news/2-judges-stand-together-
until-they-face-justice-1.1208356#axzz1Yt3oJvOK
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A shorter URL for the above link:
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Mr. Conahan, mellowed by months of therapy, chose the path of least
resistance and signed another plea agreement and, after an apology-filled
soliloquy, was sentenced Friday to 17 years in prison.
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Mr. Ciavarella, incensed by the widespread notion that the kickbacks
influenced his decision to jail thousands of juveniles, elected to stand
trial. A jury convicted him in February on 12 of 28 counts, and Senior
Judge Edwin M. Kosik sentenced him in August to 28 years in prison.
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Assistant U.S. Attorney William S. Houser noted the disparity Friday,
telling Judge Kosik to keep in mind that Mr. Conahan "did not put the
community through the expense and emotional distress of a trial."
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At his sentencing, Mr. Ciavarella mixed apology with audacity, refusing to
concede to allegations that the payoffs influenced his decision to send
juveniles away.
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Mr. Conahan, a domineering judge once known as "The Boss," appeared to
undergo a transformation in the time between the rejection of the initial
plea agreement and his sentencing Friday, his attorney, Philip Gelso, told
Judge Kosik.
.
snip
.
Months after signing their initial plea agreements, Mr. Conahan and Mr.
Ciavarella still refused to discuss certain details of the case with the
probation officers conducting their pre-sentencing investigations, and
they explicitly denied others.
.
Mr. Conahan, pounding the same callous, iron fist he used to force the
county's use of the for-profit facility in 2003, "attempted to obstruct
and impede justice, and failed to clearly demonstrate affirmative
acceptance of responsibility with his denials and contradictions of
evidence," Judge Kosik said in a memorandum rejecting the agreements.
.
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Reaction to Conahan sentencing
Published: September 24, 2011
Standard Speaker
http://standardspeaker.com/news/
reaction-to-conahan-sentencing-1.1208297#axzz1Yt3F7mam
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Sandra Fonzo, whose son committed suicide several years after being
committed
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"I want to thank Judge Kosik for rejecting those ridiculous plea
agreements entered into by former judges Conahan and Ciavarella and for
letting justice take its course. The sentences imposed on the two former
judges are very appropriate, and I believe the families of the victims
hurt can sleep better knowing these two men will confined for a lengthy
period of time, and they will not be in a position to hurt anyone in the
community for a long period of time."
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- Luzerne County Commissioner
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Stephen A. Urban
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"The sentence is significant, as it should be. His crimes were serious in
that he severely violated the public trust."
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- Luzerne County District Attorney Jackie Musto Carroll
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"If his voice was cracking and he had any remorse, it wasn't because he
was sorry for what he did. It was because he got caught and was feeling
sorry for himself."
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Judges Plead Guilty in Scheme to Jail Youths for Profit
By IAN URBINA and SEAN D. HAMILL
Published: February 12, 2009
New York Times
http://www.nytimes.com/2009/02/13/us/13judge.html?pagewanted=all
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At worst, Hillary Transue thought she might get a stern lecture when she
appeared before a judge for building a spoof MySpace page mocking the
assistant principal at her high school in Wilkes-Barre, Pa. She was a
stellar student who had never been in trouble, and the page stated clearly
at the bottom that it was just a joke.
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Instead, the judge sentenced her to three months at a juvenile detention
center on a charge of harassment.
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She was handcuffed and taken away as her stunned parents stood by.
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I felt like I had been thrown into some surreal sort of nightmare, said
Hillary, 17, who was sentenced in 2007. All I wanted to know was how this
could be fair and why the judge would do such a thing.
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The answers became a bit clearer on Thursday as the judge, Mark A.
Ciavarella Jr., and a colleague, Michael T. Conahan, appeared in federal
court in Scranton, Pa., to plead guilty to wire fraud and income tax fraud
for taking more than $2.6 million in kickbacks to send teenagers to two
privately run youth detention centers run by PA Child Care and a sister
company, Western PA Child Care.
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While prosecutors say that Judge Conahan, 56, secured contracts for the
two centers to house juvenile offenders, Judge Ciavarella, 58, was the one
who carried out the sentencing to keep the centers filled.
.
In my entire career, Ive never heard of anything remotely approaching
this, said Senior Judge Arthur E. Grim, who was appointed by the State
Supreme Court this week to determine what should be done with the
estimated 5,000 juveniles who have been sentenced by Judge Ciavarella
since the scheme started in 2003. Many of them were first-time offenders
and some remain in detention.
.
The case has shocked Luzerne County, an area in northeastern Pennsylvania
that has been battered by a loss of industrial jobs and the closing of
most of its anthracite coal mines.
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And it raised concerns about whether juveniles should be required to have
counsel either before or during their appearances in court and whether
juvenile courts should be open to the public or child advocates.
.
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Penn. Judges Get Kickbacks for Placing Youths in Privately Owned Jails
Democracy Now
http://www.democracynow.org/2009/2/17/penn_judges_plead_guilty_to_taking
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Pa. Judge Sentenced To 28 Years In Massive Juvenile Justice Bribery
Scandal
Categories: Legal, Crime
11:29 am August 11, 2011
by Eyder Peralta
NPR
http://www.npr.org/blogs/thetwo-way/2011/08/11/139536686/
pa-judge-sentenced-to-28-years-in-massive-juvenile-
justice-bribery-scandal
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A shorter URL for the above link:
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Bad judges
The lowest of the low
Another blow against elected judges
Feb 26th 2009 | New york | from the print edition
The Economist
.
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It just makes me think that anyone can betray the law, says Jamie Quinn,
one of the children exploited by the judges. Ms Quinn, from Scranton, was
sent to juvenile prison for nine months at 14, after slapping a friend
who, she claims, slapped her first.
.
Hillary Transue, who is 15 and faced Mr Ciavarella without a lawyer, was
sentenced to three months because she constructed a fake MySpace page
ridiculing the assistant principal at her high school. Her case led to the
judges downfall; children have a constitutional right to a lawyer, and the
case first alerted Robert Schwartz, executive director of the Juvenile Law
Centre. His organisation exposed the larger crime.
.
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Kids for cash scandal
From Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/Kids_for_cash_scandal
.
.
The "Kids for cash" scandal unfolded in 2008 over judicial kickbacks at
the Luzerne County Court of Common Pleas in Wilkes-Barre, Pennsylvania.
Two judges, President Judge Mark Ciavarella and Senior Judge Michael
Conahan, were accused of accepting money from the co-owner and builder of
two private, for-profit juvenile facilities, in return for contracting
with the facilities and imposing harsh sentences on juveniles brought
before their courts in order to ensure that the detention centers would be
utilized.[1][2] Ciavarella and Conahan pleaded guilty on February 13,
2009, pursuant to a plea agreement, to federal charges of honest services
fraud and conspiracy to defraud the United States (failing to report
income to the Internal Revenue Service, known as tax evasion) in
connection with receiving $2.6 million in payments from managers at PA
Child Care in Pittston Township and its sister company Western PA Child
Care in Butler County.[3][4] The plea agreement was later voided by a
federal judge, who was dissatisfied with the post-plea conduct of the
defendants, and the two judges charged subsequently withdrew their guilty
pleas, raising the possibility of a criminal trial.[5]
.
A federal grand jury in Harrisburg, Pennsylvania returned a 48 count
indictment[6] against Ciavarella and Conahan including racketeering,
fraud, money laundering, extortion, bribery and federal tax violations on
September 9, 2009.[7][8] Conahan entered a revised guilty plea to one
count of racketeering conspiracy in July 2010.[9] In a verdict reached at
the conclusion of a jury trial, Ciavarella was convicted February 18, 2011
on 12 of the 39 counts he faced.[10][11]
.
Following the original plea agreement, the Pennsylvania Supreme Court
ordered an investigation of the cases handled by the judges and following
its outcome overturned several hundred convictions of youths in Luzerne
County.[12] The Juvenile Law Center filed a class action lawsuit against
the judges and numerous other parties, and the state legislature created a
commission to investigate the wide-ranging juvenile justice problems in
the county.[13][14] (See: JLC's growing list of related Court
Documents[15])
.
Contents
.
1 Investigation
2 Charges and pleas
3 Criminal verdicts
4 Victim lawsuits
5 Interbranch Commission on Juvenile Justice
6 References
7 See also
8 External links
.
Victim lawsuits
Acting under a rarely used power established in 1722 and reserved for
extraordinary circumstances, known as "King's Bench jurisdiction",[37] the
Pennsylvania Supreme Court appointed a special master on February 11, 2009
to review all juvenile cases handled by Ciavarella.[38] Senior Judge
Arthur Grim of the Berks County Court of Common Pleas was appointed
special master and returned his findings in an interim report dated March
11.[39] On March 26 the Supreme Court approved Grim's recommendations and
ruled that Ciavarella had violated the constitutional rights of thousands
of juveniles, and hundreds of juvenile convictions were ordered
overturned.[12][40]
.
A class action lawsuit was filed by the Juvenile Law Center on behalf of
the juveniles who were adjudicated delinquent by Ciavarella despite not
being represented by counsel or advised of their rights. Besides naming
Ciavarella and Conahan, the suit seeks damages under the civil portion of
the Racketeer Influenced and Corrupt Organizations Act (RICO) against the
judges' spouses and business associates, shell companies, prison
operators, and Luzerne County.[14][41] Three other federal lawsuits filed
on behalf of the victims have been consolidated with the Juvenile Law
Center lawsuit into a master class action.[42] An amended master complaint
was filed on August 28, 2009.[43]
.
In June 2010 an injunction was filed on behalf of PA Child Care, Western
PA Child Care, and Mid Atlantic Youth Services, the company that provided
treatment programs at the juvenile detention centers,[44] to prevent the
ordered destruction of thousands of juveniles records on the grounds the
records are needed for the defenses case.[44]
.
Interbranch Commission on Juvenile Justice
.
In the aftermath of the federal charges and defendant pleas, the
Pennsylvania General Assembly moved to create a commission to investigate
the entire set of circumstances surrounding the miscarriage of justice in
Luzerne County. Sponsored by Representative Todd Eachus of Butler Township
in Luzerne County, House Bill 1648[45] established the Interbranch
Commission on Juvenile Justice in July 2009. The commission comprises 11
members, appointed from each branch of government in Pennsylvania, with
four members chosen by the judiciary, four by the legislature and three by
the governor.[13] In signing the legislation on August 7, 2009, Governor
Ed Rendell castigated Ciavarella and Conahan, saying they "violated the
rights of as many as 6000 young people by denying them basic rights to
counsel and handing down outrageously excessive sentences. The lives of
these young people and their families were changed forever."[13] Scheduled
to meet a minimum of once per month, the commission was organized to
investigate the actions of and damages caused by the two judges and review
the state of the Luzerne County courts left in the wake of their
tenures.[46][47] The commission was given power of subpoena and was
required to complete its work and report its recommendations and findings
to the three branches of state government by May 31, 2010.[48]
.
.
The complete articles may be read at the URLs provided for each.
.
.
Related Net-Gold Post
.
LAW: COURTS :
CRIME AND CRIMINALS :
UNITED STATES: COUNTIES: LUZERNE
COUNTY, PENNSYLVANIA:
Judges Accused of Jailing Kids for Cash
http://groups.yahoo.com/group/Net-Gold/message/27789
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MEET THE GOOGLES Explores Negative Aspects of Private Prisons
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Google Scholar Search Results on Negative Aspects of Private Prisons
http://scholar.google.com/scholar?hl=en&q=(%22private+prisons%22+OR+
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Google Legal Opinions and Articles
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A shorter URL for the above link:
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Content Sample:
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1. CCJHR Blog: "Kids for cash": the dangers of private prisons laid
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Jan 2010
...for cash": the dangers of private prisons laid bare Last month...guilty
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...to begin regarding private prisons Hearings will be held...issues
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...Arizona Public Media: Private Prisons: Risks and Benefits Arizona
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...justice. Arizona Public Media: Private Prisons: Risks and Benefits
Privately...hearings. Arizona Public Media: Private Prisons: Risks and
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[http://www.followthemoney.org/press/ReportView.phtml?r...]
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Conclusion: back...
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management...First-Year Victory Good News for Private Prisons Schools
Boost Privatization Momentum...
[https://www.mackinac.org/article.aspx?ID=637&print=yes]
similar results
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Temple Summon Search
http://temple.summon.serialssolutions.com/search?s.cmd=setHoldingsOnly
(false)&s.fvf=ContentType,Newspaper+Article,t&s.pn=1&s.q=(%22private+
prisons%22+OR+%22private+jails%22)+AND+(dangers+OR+conditions+OR+
corruption+OR+bribery+OR+injustice)
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Google Blogs
http://www.google.com/search?hl=en&q=%28%22private%20prisons%22%20OR%
20%22private%20jails%22%29%20and%20%28dangers%20OR%20conditions%20OR%
20corruption%20OR%20bribery%20OR%20injustice%29&tbo=u&tbm=bks&source=
og&sa=N&tab=sp#hl=en&q=%28%22private+prisons%22+OR+%22private+
jails%22%29+and+%28dangers+OR+conditions+OR+corruption+OR+bribery+
OR+injustice%29&um=1&ie=UTF-8&tbo=u&tbm=blg&source=og&sa=N&tab=
pb&bav=on.2,or.r_gc.r_pw.&fp=fc1f175dc4ba964c&biw=1920&bih=901
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Conservative legislation mill a driving force behind private prisons
Posted on 09.19.11
By Stephen C. Webster
Categories: Featured, Nation
Raw Story Replay
http://www.rawstory.com/rawreplay/2011/09/conservative-
legislation-mill-a-driving-force-behind-private-prisons/
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The private industry group ALEC, which creates form legislation thats been
copied and passed by Republicans in numerous states, has been a driving
force behind the rise of the private prison industry in America.
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This brief legislative analysis, by Main Street Insider, explains how that
came to be and what ALECs legislation actually does.
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Koch Brothers and ALEC in Google News Archives
http://www.google.com/search?tbm=nws&hl=en&gl=us&as_q=%22koch+
brothers%22+and+alec&as_epq=&as_oq=&as_eq=&as_scoring=r&btnG=
Search&as_qdr=a&as_drrb=b&as_mindate=1%2F1%2F2000&as_maxdate=
9%2F23%2F2011&as_nsrc=&as_nloc=&as_author=&as_occt=any&tbs=
cdr%3A1%2Ccd_min%3A1%2F1%2F2000%2Ccd_max%3A9%2F23%2F2011
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ALEC and Private Prisons in Google News Archives
http://www.google.com/search?tbm=nws&hl=en&gl=us&as_q=
%22alec%22+and+%28%22private+prisons%22+OR+%22private+
jails%22%29+&as_epq=&as_oq=&as_eq=&as_scoring=r&btnG=
Search&as_qdr=a&as_drrb=b&as_mindate=1%2F1%2F1990&as_maxdate=
9%2F23%2F2011&as_nsrc=&as_nloc=&as_author=&as_occt=any&tbs=
cdr%3A1%2Ccd_min%3A1%2F1%2F1990%2Ccd_max%3A9%2F23%2F2011
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WEBBIB1112
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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jw...@temple.edu
http://daviddillard.businesscard2.com
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Wellness Tourism: Bibliographic and Webliographic Essay
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