Kids for Cash
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attorneys in, 89–91
hearings findings on, 246
historical, 88
individuals at the center of, 90
and need for reform, 256–58
probation officers in, 90, 92–93
public defenders in, 90, 94–96
public officials involved in, 89
school officials in, 96–99
underpinnings of, 88–89
and waivers of counsel, 91–93
Corbett, Tom, 248
corruption, in election of judges in PA, 30
corruption in northeastern PA, 15, 21
culture of corruption, 24–25
federal investigation of, 23–24
on Luzerne County, 15, 21–25, 101–3, 165
public acceptance of, 164–65
Couric, Katie, 170
Crestwood Middle School, 134, 135
Crime and Punishment in American History (Lawrence M. Friedman), 100
Crofcheck, Thomas P., 82–86, 128–30
crooked politicians, 22–24
DeAngelo, Neal, 34, 35
death penalty, juvenile, 142
D’Elia, William W. (Big Billy), 35, 68–69, 112, 125, 158–59
discipline, parents’ use of court for, 100
Dostoyevsky, Fyodor, vii
drug trafficking, 99
due process, denial of, 56
Durkin, Lawrence, 66
The Economist magazine, 15
education, at detention facilities, 80–81, 149
Ehrlich, William, 172, 173, 175
election of judges, 30–31, 69. see also judicial campaigns
The Elephant in the Room (Eviatar Zerubavel), 88–89
Eppley, Ray, 199
expunged records, 175–78, 220, 242, 251
fairness, 249
Fairview Township Police, 147
FBI, 257
investigation by, 160–62, 164
Muroski’s approach to, 111
on public school corruption, 165
turnover of PA Child Care audit records to, 86
Female Adventure Challenge Therapy, 138. see also Wind Gap
finder’s fees, 46–48, 62, 67. see also kickbacks
laundering of, 60, 66, 115, 127, 157–58, 161
trial questions about, 188–90, 205–6
fines assessed, 53–54, 71
Flood, Daniel J., 22–23
Flood, Steve, 85–86, 129
Flora, Al, 180, 185, 194–95, 197–98, 201, 207, 209–11, 215, 218, 220, 224
Florida, 250, 252
Fonzo, Sandy, 70, 71–72, 212, 215, 219, 222, 224
Friedman, Lawrence M., 100
Gandhi, Mahatma, 88
gang activity, 99
Gault, Gerald, 141–42, 152–53
Gelso, Philip, 226–27
Gibbons, James A., 29, 31, 99
Glenn, James, 162, 195–96
Gold, Richard J., 130–32
Grim, Arthur, 172–76, 241–42
Grisso, Thomas, 77–78
Gun Free School Act of 1994, 39
Guydish, Mark, 72–74
Hannon, Francis, 105
Hazleton, Pennsylvania:
Conahan’s as magistrate in, 32
organized crime in, 32–35
Hazleton Area School District, 99
hearings. see Interbranch Commission on Juvenile Justice
Hiatt-Thompson Corp., 103
Holy Saviour Church, Wilkes-Barre, 28
Hoover, J. Edgar, 39
Horoho, Kenneth, 236
Houser, William, 186, 205–7, 214, 228
houses of refuge, 37–38
Illinois, 248, 251
incarceration. see also placement
America’s high rate of, 260
effects on young offenders, 57–58
intake reports, 93–94
Interbranch Commission on Juvenile Justice, 231–46
on closed juvenile proceedings, 252
findings of, 245–46. see also reform of juvenile justice
goal of, 231
on public understanding of juvenile justice system, 257–58
witnesses before, 232–45
Internal Revenue Service, 158, 159, 223–24, 257
Iowa, 248
Jacobson, Sara, 140
Janoski, Dave, 164
JCB. see Judicial Conduct Board
JCJC (Juvenile Court Judges Commission), 151, 156
John D. and Catherine T. MacArthur Foundation, 82. see also MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice
Judge, Patrick, 114, 245
judges:
election of, 30–31, 69
power and latitude of, 36, 55, 56, 78, 102
unprejudiced, 94
judicial campaigns:
of Ciavarella, 31–32
of Conahan, 33–34, 69
Judicial Conduct Board (JCB), 111–15
and Conahan’s charges, 34–35
consequences of inaction by, 118–22
failure of, 255
hearing testimony about, 245–46
members of, 112
Muroski’s distrust of, 111
oversight by, 255–56
requirement to report to, 89
on suspension of judges, 169
judicial immunity doctrine, 181
judicial system. see also juvenile justice systems
election of judges in, 30–31
magistrates in, 33
Justice Policy Institute, Northwestern University of Law, 59–60, 77
justification of sentences, 250
Juvenile Act of 1972, 91
Juvenile Court Judges Commission (JCJC), 151, 156
juvenile courts:
adult courts vs., 78
appeals from, 252–53
Ciavarella named judge in, 35–36
goal of, 55–56
history of, 38
kiddie court mindset about, 91
open hearings in, 251–52
and society’s approach to youth crime, 55
terminology used by, 55
juvenile death penalty, 142
juvenile delinquent(s). see also juvenile offenders
as official term, 55
public fear of, 38–39
Juvenile Detention Alternatives Initiative, 59, 254
juvenile detention centers/facilities. see also individual facilities
alternatives to, 31, 60, 142
Ciavarella’s placements at, 151
education at, 80–81, 149
history of, 37–38
and lack of transparency, 16
PA Child Care project, 44–48
private, 254–55
reasons for placement in, 58
juvenile justice systems. see also juvenile courts
analogy for, 77–78
appeals in, 81–82
differences among, 55
and kids-for-cash scandal, 13–16, 24
lack of disposition guidelines in, 56
lack of transparency in, 15–16
objective of, 55
public understanding of, 257–58
in the United States, 55
and zero tolerance policy, 40–41
Juvenile Law Center, 14, 140–42
on appeals process, 253
class-action suit by, 181
on Judicial Conduct Board, 255
and juvenile justice reform in Pennsylvania, 57
Kevin’s appeal by, 172
and King’s Bench petition, 154–55, 165–66
and Luzerne County juvenile court situation, 151–56
on open juvenile court hearings, 251–52
opposition to Ciavarella’s conduct from, 36–37
on private juvenile facilities, 254–55
remedies presented by, 247
on shackling, 250–51
on state ombudsman, 253
and Hillary Transue case, 142–46
juvenile offenders. see also s
pecific topics
attorneys for, 63–64, 91–93
classifying, 82
costs of incarcerating, 59–60, 75
courts’ jurisdiction over, 71
effects of placement on, 58
funding for legal representation for, 95
least restrictive means of dealing with, 57–58
legal rights of, 141–42
Pennsylvania’s reputation for dealing well with, 56–57
public perceptions of, 75–76
restraining, 104
rights to counsel for, 36–37, 78
shackling of, 103–4
stereotype of, 257
Kane, Bill, 146
Kanjorski, Paul E., 126
Kashatus, William C., 22, 24, 68, 102
Kefauver, Estes, 39
kickbacks, 115–18, 127
in juvenile court system, 13–16, 106
percentage of placements connected to, 242
plan to explain away, 162
public knowledge of, 75
in public works projects, 25
and tainted cases, 169
kids-for-cash scandal, 13–16, 24
Killino, Thomas J., 238
King, Martin Luther, 88
King’s Bench petition, 154–55, 165–66, 169
Klegg, Jason, 241
Knox Coal Company River Slope mine, 19–20
Kosik, Edward M.:
charge to jury, 211
at Ciavarella’s trial, 184–87, 189, 197–99, 207
handling of drama by, 170
and plea bargains, 179–80
and sentencing, 218, 221–24, 226, 228–29
and verdict, 213–15
Lavan, Tom, 50
Lavery, Carol L., 242–44
lawyers. see attorneys
Learn-Andes, Jennifer, 109
legal representation. see right to counsel
Levick, Marsha, 141–44, 152
and King’s Bench petition, 154, 165–66
and second King’s Bench petition, 168, 169
at the trial, 220
Lippi, August J., 19–20
Listenbee, Robert L., 236, 237
Lokuta, Ann H., 110–11, 113–14
Lupas, David W.:
and conspiracy of silence, 90–91
criticism of, 246
at hearings, 234–36
and investigation of judges, 172–73
Kevin released by, 172
Luzerne County, Pennsylvania:
“anti-kid” current in, 103
corruption in, 15, 21, 101–3, 165
costs of detaining juveniles in, 59
crooked politicians in, 22–24
culture of corruption in, 24–25
demographics of, 102, 103
investigation of officials in, 164–65
municipal governments in, 20–21
politicized public schools in, 21–22
public school-to-prison pipeline in, 97–98
regional culture of, 102
teaching jobs in, 140
waiver of right to counsel in, 92
Luzerne County Bar Association, 14, 257
Luzerne County commissioners:
and audit of PA Child Care, 84
Muroski’s letter to, 107–8
opposition to PA Child Care project by, 46, 47
PA Child Care proposal to, 45–46
and use of PA Child Care, 48
Luzerne County Common Pleas Court, Conahan’s influence over, 47
Luzerne County Courthouse, 25, 27
Luzerne County Juvenile Court:
and kickback scandal, 14–16
perception as “kiddie court,” 256
reign of terror in, 50
systematic miscarriages of justice in, 13
Times-Leader series on, 74–75
Luzerne County Juvenile Probation Office, 49
nepotism in, 101
and waivers of counsel, 238–39
Luzerne County Orphans Court, 105
MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice, 59, 93, 141, 142, 259–60
Mafia, 19, 23
magistrates, 33
Margolis, Philip, 141
Maryland, 253
Massa, Joseph A., 113, 245–46
McCarron, Jeffrey B., 122–25
McDade, Joseph M., 22
Mellow, Bob, 44
Melvin, Mary Pat, 108–9
Mercatili, Joseph, 22
Mericle, Robert K., 32
attempt to discredit, 159–60
background of, 43–44
and Ciavarella’s trial, 188–90, 205–6, 209, 210
class-action suits against, 181
guilty plea of, 180
and investigation of judges, 164
and laundering of finder’s fee, 60, 115, 127, 157–58, 161
office building dispute of, 66
and PA Child Care project, 44–48
and replacement of River Street Center, 42
sentencing of, 230
and Western PA Child Care, 66
Mericle Properties, 43, 44, 66
Michaliga, Erica, 217
Miller-Wilson, Laval, 151–53
Ciavarella’s call to, 156
and Hillary’s case, 142–46, 152
and Jessica’s case, 150
and King’s Bench petition, 165–66
Minersville Safe Deposit Bank and Trust Company, 45–46
mining industry, 17–20
Models for Change, 57
Moran, Jill A., 117–18, 159–62, 164, 196–97
Morgan-Besecker, Terrie, 72, 75, 76, 167, 217
Mosee, George D.:
on conflicts of interest, 185
at hearings, 239–40
on restraints for juvenile offenders, 104
and right to counsel, 91–92
on violent vs. non-violent offenders, 57–58
municipal governments, 20–21
Muroski, Chester, 105–11
on anti-kid current in Luzerne County, 102–3
hearings testimony of, 233–34
and investigation of judges, 172
on public perception of Ciavarella, 42
and resignation of Ciavarella, 167
and severity of juvenile sentences, 98
Musto Carroll, Jacqueline, 144, 156, 173, 236–37, 246
Namey, Jeffrey T., 36, 97
New Jersey, 253
New York, 251, 252
New York Times, 15
New Zealand Herald, 15
Noone, Joseph, 165
North Dakota, 251
northeastern Pennsylvania. see also Luzerne County, Pennsylvania; specific locations
coal industry in, 17–20
crooked politicians in, 22–24
culture of corruption in, 20, 24–25
investigation of corruption and organized crime in, 23–24
municipal governments in, 20–21
organized crime in, 18–20, 23, 35
public acceptance of corruption in, 164–65
teaching jobs in, 96–97, 140
O’Connor, Sandra Day, 30
Office of Children, Youth and Families, 130–31
O’Hara, Joseph, 32
Olszewski, Peter Paul, Jr., 36
ombudsman, for monitoring/investigation, 253–54
open juvenile court hearings, 251–52
Oravic, Nicole, 186, 187, 200
Oregon, 251
organized crime, 18–20
federal investigation of, 23–24
in Hazleton, 32–35
judges’ connections with, 68–69
“original victims,” 242–44, 251
Owens, Patrick, 117, 196
PA Child Care:
attempted suicide at, 66–67
audit of, 83–86, 127–30
building of, 44–48
children incarcerated at, 2–3, 6, 8–9, 12, 51–55, 99–100, 118–21
commissioners’ opposition to, 46, 47
cost of, 59, 84
initial public misperception of, 49
and kickbacks. see kickbacks opening of, 48–49
Placement Guarantee Agreement, 47
pre-hearing detention in, 65
profits of, 62–63
schoolwork done at, 80–81
spending on, 106
waiting for evaluation in, 95–96, 129
Pagnotti, Louis, III, 67–68
parents:
and appeals process reform, 252–53
children brought before Ciavarella by, 99–100
Ciavarella admired by, 98–99
fines assessed to, 53–54
relinquishment of legal representation by, 92, 248
threats of sending kids to Ciavarella by, 103
treatment programs for, 106–7
Penn State football team, 5, 28, 76
Pennsylvania:
adult and juvenile systems of justice in, 258
“balanced and restorative justice” in, 41
differences among juvenile justice systems in, 55
election of judges in, 30–31
excessive use of placement facilities in, 131
funding for juveniles’ legal representation in, 95
juvenile judges’ leeway in, 56
mandatory reports to police in, 97–98
national young offenders reputation of, 56–57, 244–45
state-operated juvenile facilities in, 254
Pennsylvania Superior Court, 257
audit reinstated by, 127–28
overturning of Anthony’s adjudication by, 36–37
Pennsylvania Supreme Court:
and Citizens’ Voice libel suit, 178, 179
and first King’s Bench petition, 154–55, 165–66
Grim’s recommendations adopted by, 176
reforms adopted by, 248, 250
Rules of Juvenile Court Procedure, 93, 152, 155
Rules of Professional Conduct adopted by, 89, 91
and second King’s Bench petition, 169
Philadelphia, judges scandal in, 30
Pinnacle Group of Jupiter LLC, 62, 63, 66, 115, 127
placement, 55
cost of, 59–60, 75
in Luzerne County, 131
Muroski’s view of, 106
and recidivism, 59
while waiting for evaluation, 95–96, 129
Placement Guarantee Agreement, 47
Platt, William H., 179
plea bargains, 31, 164, 167–68, 170, 179–80
Pocius, Leonard, 85
police, 147
school officials’ use of, 97–98
zero tolerance policy support from, 96
politicians:
crooked, 22–24
Mericle’s campaign contributions to, 44
Powell, Robert J., 45
Ciavarella’s denunciation of, 221
and Ciavarella’s trial, 188, 190–98, 200, 201, 209–10
class-action suits against, 181
enjoyment of new wealth by, 61–62
guilty plea of, 180
and investigation of judges, 159–62, 164