Penn. Court Tosses 6,500 Juvenile Convictions After Scandal

Published October 30, 2009 @ 07:31AM PT

It was one of the most upsetting, egregious judicial corruption stories in recent memory. Two former Pennsylvania judges are awaiting trial for allegedly accepting millions of dollars in kickbacks from private detention facilities to convict juveniles and send them to be incarcerated.

To Pennsylvania's credit, though, the state is taking appropriate action to rectify the damage caused by these evil, greedy former judges -- Michael Conahan (left) and Mark Ciavarella (right). The state supreme court yesterday dismissed thousands of convictions heard by Ciavarella. A juvenile justice advocacy group said more than 6,500 juveniles were affected and most won't be retried.

"This is exactly the relief these kids needed," said Marsha Levick, the legal director of the Juvenile Law Center. "It's the most serious judicial corruption scandal in our history and the court took an extraordinary step in addressing it."

In another extraordinary step in the case, a federal judge in August overturned a plea bargain deal accepted by the two judges, who have admitted to accepting $2.8 million from the private prison operator. The men had pled guilty to fraud and tax evasion and were expecting a sentence somewhere around 87 months. The judge said the men hadn't accepted responsibility for their actions and tossed the guilty pleas. They're now awaiting trial on a 48-count indictment.

I have to stick to my guns in this case and say that seven years sounds like a sufficient sentence (just because hundreds of thousands of Americans are serving outsized, ineffective, overly harsh sentences doesn't mean we have to exact vengeance on the very guys who were handing down those sentences, although it is tempting). I would, however, like to see these guys convicted of something other than tax evasion.

And I hope yesterday decision to overturn convictions brings some healing to the thousands of families these men impacted through their greed. Juveniles who spent unnecessary time in detention won't get that time back, but they can now hopefully move on with their lives.

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Comments (8)

Does anyone need further reason to outlaw for profit prisons? It has been said before, "follow the money." You never know where it will lead but it is usually to some corrupt politician with their hand out.

Posted by Thomas Kinney on 10/30/2009 @ 08:31AM PT
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Once again a most excellent article Matt,

But, I have to applaud Judge Kosik who refused to accept these two former judges' plea bargain to charges of "fraud and tax evasion".

Their actions went WAY beyond simple fraud and tax evasion, these men are a prime example of why so many people neither trust, or respect the legal system, and the government in general.

They abused their power to such an unthinkable degree, I think the federal judge that threw out their plea bargain was absolutely doing the right thing -

I think a 48 count racketeering indictment sounds more appropriate, although I admit I'm not certain what each of those counts was for, or what possible sentencing the former judges could end up facing. (Yes, I AM indeed - presuming they will be found guilty.)

We're talking about 6,500 of our young people, being robbed of their youth - and that's just those juveniles sentenced by former Judge Mark Ciavarella.

I don't know how many other juveniles were similarly sentenced by former Judge Michael Conahan, but it looks like that number (6,500) may go up significantly in the near future.

Posted by Bryan Snowden on 10/30/2009 @ 09:54AM PT
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I didn't see mention of the private prison operator who bribed the judges. Surely he should be charged, tried, found guilty, and maybe even sentenced to his own establishment!

Posted by Frank Paynter on 10/30/2009 @ 07:59PM PT
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Good question. There are many unanswered questions in this case. Obviously, these 'old school" judges have been doing this stuff for so long they don't even know right from wrong. Which raises a question but others nationwide who have become desensitized after so many years sending people away.

You might contact Paul Wright, founder of Prison Legal News

https://www.prisonlegalnews.org/Default.aspx

Posted by Camille Tilley on 11/02/2009 @ 11:59AM PT
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Those judges should get a year for each indictment and they are facing 48 counts . So they should get 48 years plus the 87 months for tax invaison. so they should d a total of 54 1/2 years. They look to be old so they just should give them natural life without parole because that is what they deserve after what they did to those kids just to build up their bank accounts. And they families sholud also sue the state and the judges for all they went through.

Posted by lamonica baker on 10/31/2009 @ 06:17PM PT
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Recorrection from 1st statemnet posted

I am sorry i was confused they should get a year for each count for tax invasion but they sould also get a year for each child they put away and for one judge so far the count is at 6,500 .So they just should lock them up for their natural life with no parole and leave them in prison.

Posted by lamonica baker on 10/31/2009 @ 06:28PM PT
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Much better article Matt. Please do a follow up on what if any repercussions the private detention facility operators might face for their part in the scandal. Or at least write another article about how the prison system can pretty much have their way with the public since no one seems to hold them accountable for their unjust means of insuring profit.

Prisons need to be changed to nonprofit organizations. No one should want to make money off of people that can't do the right thing(excluding non-violent drug offender. They shouldn't be there to begin with). Well, at least cops should be able to make some cash since they do put themselves at risk when they catch them. But making money from holding them and doing anything you can to keep them there is just wrong. Is that why there's a few stories on this site that show how prisoner reform methods are being canceled due to budget cuts from a bad economy. I'm just saying, a make sure there's no place these "animals" belong but prison mentality does not do this country any good. And having corporation's run them like fast food chains isn't any better.

People that run a prison or detention facility should not be in it for the money. They should be in it to help make this country a little better and a little safer.

Some of these people aren't entirely without hope. These are peoples sons, daughters, brothers, and sisters that lost their way and just need a little boost in the right direction so they can rejoin our "family" good people again. But there are exceptions i.e murderers, rapists, violent criminals, and kidnappers for human trafficking. Especially human traffickers. These people if any fit the bill of those that deserve a life of servitude away from the public at large.

But I'm just saying

Posted by Jim Kingsley on 11/02/2009 @ 06:37AM PT
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On the Business of Detention -- as "Prison State and Prison Nation" continue to grow while education and tourism decline, who wants to vacation in a prison state with harsh mandatory minimum sentencing? Incarceration and privatization -- the transfer of a nation from manufacturing (producers and creators) to incarceration (destruction and decay society which impacts the nation and taxpayers). Those who profit from all this are the only winners. Very sad.

http://www.businessofdetention.com/

detention, enforcement, policy »Second immigration official leaves new federal office[ 24 Oct 2009 | No Comment | ]
The Center for Investigative Reporting report that:A second high-ranking official in a two-month-old federal office that oversees immigration detention policy and planning has left the government, sources say.Cree Zischke, tasked with addressing detainee health care issues for Immigration and Customs Enforcement’s Office of Detention Policy and Planning, departed just weeks after her boss, Dr. Dora Schriro, (former director of Arizona Department of Corrections) left ICE in late September to become commissioner of New York City’s jails.“I am no longer with the ICE Office of Detention Planning and Policy (sic),” she wrote in an out-of-office auto-reply received on …

ICE Promises Detention Reforms, CCA Announces New Detention Center[ 7 Oct 2009 | One Comment | ]On the same day that Corrections Corporation of America opened a new 500-bed immigrant detention center in Georgia, Homeland Security officials released a highly anticipated review of detention centers. Accompanied by recommendations and next steps, the review promises better federal oversight and health care in the largely outsourced network of prisons and jails that house a daily average of 32,000 people with pending immigration and refugee status requests.“The government has recognized that it has a massive system with serious problems, and has identified steps to ameliorate the situation,” …

Posted by Camille Tilley on 11/02/2009 @ 11:53AM PT
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Matt has worked and volunteered in various capacities in criminal justice reform for several years. When he's not blogging, he works as the Online Communications Manager at the Innocence Project. Views expressed here are Matt's, and don't represent the positions of the Innocence Project.