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.

MaryAnn Petrilla- Emulating and Keeping Political Cronyism Strong

One would think that the FBI's efforts surrounding the Luzerne County Courthouse would officals more careful, transparent, and accountable with their dealings. Well, as you are about to see all is well in Political Cronyism land. I was reviewing some postings on the net and noticed that Gort wrote about the amount of money raised by Luzerne County Commissioner Maryann Petrilla this year. What struck me odd was that she isn't running for office this year nor did she need to retire debt. She is a sitting Luzerne County Commissioner.

Back in November, 2006 Gort wrote about Maryanne's plan to run for Luzerne County Commissioner while holding the office of Luzerne County Controller.

In looking at her campaign filings prior to running for Commissioner her indebtedness was as high as $70,300.00 on June 6, 2005. The earliest campaign filing on the Courthouse websites indicates she had a debt 0f $45,417.59 as of April 16, 2004. At the end of 2006 she had indebtedness of $36,300.00.

A review of her latest campaign report indicates she has a positive balance of $78,170.24 as of 10-19-2009 in her "Friends of Maryanne Petrilla" campaign account. In a span of two years she was able to swing $125,070.00 worth of money. That figure represents the political culture icon demonstrating politics as usual in Luzerne County.

What is more revealing is who gave her the money to achieve such a positive balance? First, this examination is not making the claim that the donations are illegal by any means. However, as you will see, from a taxpayer perspective they raise a multitude of ethical questions.

For starters her campaign forms have been submitted by Tracey Gallagher and Donald Karpowich for some of the years on file on the website. According to this document it appears they are husband and wife. Donald Karpowich is listed as the solicitor for Luzerne County Controller. This Annual Filing of the Controller of Luzerne County lists Donald Karpowich as the solicitor for Acting Controller A.J. Martinelli, however, Maryann Petrilla is listed as Controller. So basically her solicitor was also filing campaign reports for her while an officer of Luzerne County. He was also hired as the solicitor for Luzerne County's Retirement Board by Maryanne et al.

Article from:The Times Leader (Wilkes-Barre, PA) Article date:April 20, 2006 The Times Leader. Retirement board solicitor fired: Board also rejects paying former county Controller Steve Flood's legal bill. Byline: Jennifer Learn-Andes

Apr. 20--Luzerne County Retirement Board members Greg Skrepenak, Todd Vonderheid and Maryanne Petrilla voted Wednesday to fire solicitor Chris Cullen and not pay a $137,221 legal bill to a Philadelphia law firm handling former controller Steve Flood's defamation suit. The trio then voted to appoint controller's office solicitor Donald Karpowich as interim retirement board solicitor until the board can interview the six or seven applicants. Karpowich did not apply for the permanent post, Petrilla said. Retirement board members Stephen A. Urban and Mike Morreale voted against the appointment. It must be true that lightning can strike twice.

A campaign report was also filed by Kristen Martinelli and notarized by Tracey Gallgher for 2008. In that report the Friends of Skrepenak and Vonderheid committee contributed $26,350.00 on January 15, 2008 and the Friends of Skrepenak and Petrilla committee contributed $54,586.00 on March 28, 2008 to the People of Petrilla commmittee. The People of Petrilla committee transferred $55,000.00 to her newly formed campaign finance committee(CFC) Friends of Maryanne Petrilla on May 2, 2008.

In the Friends of Maryanne Petrilla filing through December, 2008 Nobel Quandel is listed as a $2,000.00 contributor on May 31, 2008.

Moving onto the latest campaign filing there some more interesting pieces of information. On August 31, 2009 Friends of Jackie Musto Carroll contributed $250.00 to her political committee hesitating to use the word "campaign" since Maryanne is already elected and holding office. Vito Deluca, Luzerne County Solicitor, contributed $375.00; Ed Casaldi, Luzerne County Public Safety Director donated $500.00; Donald Karpowich contributed $1,625.00; Joseph Piazza(along with his wife Patricia) Luzerne County Warden donated $500.00.

Correct me if I am wrong. As Luzerne County Commissioner Maryanne Petrilla by the County Code is a mandatory member of the Luzerne County Salary Board. Is it ethical for a sitting member of a Salary Board to accept campaign contributions from those who she will determine their salary and fund through Luzerne County taxpayers in the county budget?

Friends of Maryanne Petrilla committee contributed to the following campaign finance committees in 2009: Joe Musto for Judge Committee- $250.00, Committee to Elect Amesbury Judge $125.00, Committee to Elect Tina Polachek Gartley-total $1,200.00, Friends of Jackie Caroll Musto- $250.00. Again, aren't these Officers of the County who's staff salaries are determined in part by Maryanne Petrilla's vote?

How can there be reform in Luzerne County when these practices exist? If one were to sue the county would there be a conflict of interest for these judges to hear the case? If one were to have an issue with the county how can one accept the decision of the County solicitor or the solicitor of the various boards and offices when contributions back and forth cloud the issue?

Are these office holders transparent with the public in their transactions?

Click here for access to Friends of Maryanne Petrilla.

Click here for access to People For Petrilla.

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.

Lack Of Oversight of The Pennsylvania Supreme Court

Why does Pa. Supreme Court tread so lightly around juvenile-rights tangle? And so asks John Baer of the Philadelphia Daily News.

I ask Chief Justice Ron Castille what took so long. "We had to wait for everybody else to answer," he says.

That would be the county court, the local D.A., and so on. Plus, Castille argues, Judge Ciavarella, within weeks of the April filing, pulled himself off juvenile cases and issued new written notices to charged kids and their parents about right-to-counsel.

Since nothing was alleged about kickbacks at that point (the judges were charged Jan. 26), Castille felt that the right-to-counsel issue was resolved and saw no need for Supreme Court intervention. What about the statistics, I ask? Didn't they cause you concern?

"Well, you know statistics. . . . There are lies, damn lies and statistics," he says.

(I hope he's kidding; government policy is built on statistics.)

Questioned further, he says, "We are not an investigative agency."

When I ask if he'd considered referring the statistics to an investigative agency, he says: "They weren't our statistics."

I start to sense a circular argument. What about possible public perception that since detention facilities in question are owned by Greg Zappala, son of former Chief Justice Stephen Zappala, the court might be, uh, slowed or swayed?

He laughs, calls me a cynic and says:

"No, Greg Zappala is a legitimate businessman, as far as I know."

Zappala is not charged, and reportedly is not a target of the probe.

Lack of judicial oversight allows such smugness in the answers to this reporter's questions. It almost legitimizes the label of ruling elite. Judge Castille, should not your judiciary be held to a higher standard than what we would accept in the private world? Why have judicial cannons if suspected behavior isn't reported to the proper investigative agencies?

We cannot let Jackie Musto-Carroll off the hook in this matter. She was co-operating with the FBI in their investigation of the corruption at the Luzerne County Courthouse. In the face of that co-operation she wrote a brief to the court containing 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."

From the press release of U.S. Attorney Martin Carlson dated January 26, 2009 "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.

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.

DA Jackie Musto Carroll- Lets Ask You A Question

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'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.

And Justice For All= M.C. and His Hammer

The Supreme Court decided to take up an appeal by a death prisoner on the issue involving the right to a lawyer. As reported yesterday Jessey Jay Montejo will have his case heard before the Supreme Court on the right to a lawyer during an interrogation after asking for one. What does this case have to do with Pennsylvania?

In two separate instances the Juvenile Law Center petitioned the Pennsylvania State Supreme Court take immediate jurisdiction over more than 500 criminal cases involving juveniles before President Judge Mark Ciavarella. A Pennsylvania Child Welfare Agency had previously joined in the Petition as well as the Commonwealth of Pennsylvania' Attorney General.

The JLC wanted emergency relief granted to these cases alleging that Judge Ciavarella forced these juveniles through the system without proper representation.

Luzerne County District Attorney Jackie Musto Carroll urged the state Supreme Court to reject the petition from the JLC demanding reforms in the county’s juvenile court system. "Musto Carroll and Barletta said the Juvenile Law Center did not adequately establish the identities of the juveniles it claimed were wronged, other than the two whose cases were the impetus for the petition.."

It is interesting that the Attorney General for Pennsylvania and the department charged with licensing juvenile facilities support the JLC while the Luzerne DA opposes the effort.

Ciavarella has also been accused of failing to conduct a colloquy – a legal term that refers to in-depth questioning judges are required to perform to ensure defendants understand what rights they are giving up when they opt to waive their right to an attorney. As support for her position Musto Carroll noted that on the summons juveniles receive they are notified of the right to an attorney. Musto Carroll should revisit this position in light of the seriousness of the allegations.

This issue brought back memories of an all time favorite movie- "And Justice For All" starring Al Pacino. It's a brilliant performance. Yes, it appears Judge Ciavarella is "out of order."