Showing posts with label David Lupas. Show all posts
Showing posts with label David Lupas. Show all posts

Friday, May 28, 2010

Interbranch Commission on Juvenile Justice Report

Report: Judges, lawyers failed juveniles
By Dave Janoski and Michael P. Buffer (Staff Writers)
Published: May 28, 2010

In testimony before the commission, current District Attorney Jackie Musto Carroll and her predecessor, David W. Lupas, who is now a county judge presiding over juvenile matters, "incredibly conceded that they had never set foot in a juvenile court throughout their entire careers," the report said. Lupas and Musto Carroll "demonstrated no initiative, interest, or concern with what was occurring in juvenile court."

Long-time county Public Defender Basil Russin, who resigned earlier this year in a pay dispute with the county commissioners, failed to properly supervise the assistant public defenders who appeared before Ciavarella, the report said.


It took over a year and four months plus thousands of dollars for this panel to reach the same conclusion SOP did back in January, 2009.

Judge Lupas- Lets Ask You Questions

DA Jackie Musto Carroll- Lets Ask You A Question

The report did note that Russin and Musto Carroll initiated reforms in their offices once the scandal came to light and that Lupas, as a juvenile court judge, has made sure juveniles have representation and full hearings. Lupas has reported that detentions are down 70 percent since he took over the court. Nothing like letting the horse out of the barn then fixing the gate.

Click here to read the report


In a credit to Senator Lisa Baker's efforts on this juvenile mess she was quoted on the following statements.

State Sen. Lisa Baker, R-Lehman Township, said in a press release issued Thursday that she will introduce bills to begin debate on the recommendations that require legislation.


"This report is a clear call to action," Baker said. "None of this can be treated casually, in the sense of 'it might be nice to do something someday if we have time or find money or the spirit still moves us.

Saturday, February 27, 2010

Former DA Now Judge Named In Lawsuit

Posted: 12:00 AM
Updated: 8:09 AM

Lawyer accused of ‘smearing’
At issue is information about the sex life of a state trooper.
By Terrie Morgan-Besecker tmorgan@timesleader.com


The suit, filed in 2007, alleged Lori Connors and her father, Robert Pace, falsely accused Martin Connors of molesting his young daughter so that his ex-wife could gain an advantage in a custody dispute. The suit also named as defendants former District Attorney David Lupas and several county prosecutors and detectives who investigated the molestation allegation.

Saturday, March 28, 2009

THEY SAT SILENT-WHY?

In today's Citizens Voice Michael Sisak writes a great piece about the silence out of the Luzerne County DA's Office over the juvenile detention center scam. The only problem I see with his piece is why he and the media did not ask questions sooner.

Take a look at my post from January 26, 2009 titled "DA Jackie Musto Carroll- Lets Ask You A Question". My post asked the questions at the time of the arrests. Here is a repost.

The Juvenile Law Center released a press release on April 28, 2008 that stated "Luzerne County is Worst Violator of Youth Civil Rights- Juvenile Law Center, a Philadelphia-based public interest law firm, filed a petition to the Pennsylvania Supreme Court today requesting immediate, emergency relief on behalf of Luzerne County youth who have been the subject of delinquency hearings without counsel since October 1, 2005 when Pennsylvania adopted the Rules of Juvenile Court Procedure."

The Center issued another press release on June 17,2008 titled "JLC Petitions PA Supreme Court for Extraordinary Relief for Hundreds of Youth Tried Without the Benefit of Lawyers". In the body of the release it states "The Luzerne County District Attorney and the Administrative Office of Pennsylvania Courts (AOPC) filed briefs on behalf of the Juvenile Court urging the Supreme Court not to take jurisdiction. JLC filed a response."

A second request was placed before the Supreme Court by the Juvenile Law Center in December. DA Musto-Carroll filed a brief against the Juvenile Law Center's efforts.

DA Musto-Carroll's argument to the court contained the following statement "The Petitioners have not shown that the issue is of such immediate public importance that extraordinary jurisdiction is required. Nor have the Petitioners clearly demonstrate that their rights have been violated. In addition the Petitioners allegations regarding other juveniles who may be similarly situated have not shown that such individuals even exist."

Oh really???

On page 14 of the indictment against Ciavarella and Conahan it reads "It was further a part of the scheme and artifice to defraud that, on numerous occassions, accused juvenile offenders were ordered detained by the defendant Mark A. Ciavarella, Jr. even when Juvenile Probation Officers did not recommend detention. The defendant Mark A. Ciavarella, Jr., at others operating at his behest, also exherted pressure on staff of the Court of Common Pleas to recommend detention of juvenile offenders. On some occassions, probation officers were pressured to change recommendations of release to recommendations of detention.

Tom Corbett, Attorney General for the Commonwealth of Pennsylvania supported the Juvenile Law Center's efforts to secure Supreme Court review. The Pennsylvania Department of Public Welfare filed a similar brief supporting a Supreme Court review. Yet, DA Musto-Carroll chose otherwise.

In today's press conference DA Musto-Carroll isquoted as saying "I think this is the beginning of the end of the darkest days of our county. We can look at this as a bright spot that things have been turned around and no longer will these sorts of things be tolerated."

Her brief filed in opposition to the Juvenile Law Center demonstrates an acute ignorance of the investigation going on around her. The Supreme Court's refusal to hear children's complaints of massive rights violations in Luzerne County demands public outrage at the arrogance of the court in light of this indictment.

DA Musto-Carroll- Were you not aware of an investigation into PA ChildCare to the extent that you foiled attempts to protect children from long range mental problems over injustice?

From the press release of U.S. Attorney Martin Carlson dated January 26, 2009 at the bottom of page 4- "Mr. Carlson further noted that Luzerne County District Attorney Jackie Carroll worked closely with federal investigators and the United States Attorney's Office in assisting in the investigation." It is hard to comprehend how DA Carroll could write a brief in opposition knowing the facts she must have known given that statement.

Her statments in today's Citizen's Voice article. “Nobody knew the judge was committing any crimes at the time,” Musto Carroll said. “The judge was considered a zero-tolerance, very strict sentencing judge. There was nothing to indicate the judge was doing anything out of the ordinary.”...“We now know what was happening in Judge Ciavarella’s courtroom and our office is committed to seeing that justice is served,” Musto Carroll said.


I asked similar questions on January 27, 2009 of Judge Lupas when he was District Attorney.

Tuesday, January 27, 2009

Judge Lupas- Lets Ask You Questions

The PHILADELPHIA based Juvenile Law Center filed the suit to overturn juvenile cases before President Judge Mark Ciavarella because the children didn't have lawyers.

As former District Attorney for Luzerne County why did your office and the Luzerne County Public Defender's Office ignore the constitutional rights of 500+ CHILDREN while they were allegedly violated? The Indictment details these allegations as part of the federal investigation.

Former President Judge Mark Ciavarella allegedly admitted that he ERRED by not reciting the LEGALLY REQUIRED questioning of juvenile defendants asking them ON THE RECORD if they knew that they had a right to legal counsel. Ciavarella removed himself from the Juvenile Court and assigned David Lupas to take over.

Wouldn't it appear to the prudent public that An Attorney from The Luzerne County District Attorney's Office should have been present every time Ciavarella violated the constitutional rights of a juvenile defendant? The Luzerne County District Attorney Office, as Officers of the Court, were equally required to step in when Judge Mark Ciavarella did not ask the juveniles ON THE RECORD if they knew they had a right to legal counsel. To accept any other premise is unconcionable. They took an oath of office to act in the interest of justice. What reports on outcome were transmitted back to the office of the District Attorney during these alleged violations?

Every thing that Judges Michael Conahan and Mark Ciavarella are now accused of doing, they did openly in full view of The Luzerne County District Attorney's Office. David Lupas did not question what was going on in Juvenile Court when he was DA.

David Lupas was head of The Luzerne County DA's Office during most of the events leading up to the current scandals surrounding Conahan and Ciavarella.

The Luzerne County District Attorney is the Defense Attorney for Judges Mark Ciavarella and Michael Conahan. In any CIVIL PROCEEDING filed against Judges Conahan and Ciavarella, The Luzerne County District Attorney would immediatey file an answer to that lawsuit as THE ATTORNEY OF RECORD for Defendants Conahan and Ciavarella. In fact Luzerne County District Attorney Jackie Musto-Carroll in filed a response to the petition from Juvenile Law Center ON BEHALF OF Judge Mark Ciavarella.