Civarella Sentence- 28 Years

Judge Edwin Kosik sentenced former Judge Mark Ciavarella to 28 years in prison. According to Sue Henry of WILK news radio Ciavarella intends on surrendering today.

Update:  The Times Leader is reporting this storyM on the sentencing of disgraced former Judge Mark Ciavarella in what the U.S. Attorney's Office is calling the most corrupt investigation in local history. The federal investigation, the largest and the most sustained political corruption inquiry in the history of the Middle District of Pennsylvania, was initiated under the direction of former U.S. Attorney Martin C. Carlson, now a U.S. Magistrate Judge in the Middle District, and continued under Dennis C. Pfannenschmidt, who succeeded Carlson as court-appointed U.S. Attorney in 2009, and Smith, the current U.S. Attorney for the Middle District of Pennsylvania.

So What Is Really Up In Luzerne County?

For a while I have been trying to tell people that the FBi didn't send agents in from Washington to arrest someone for accepting a $1,500.00 suit. It takes a lot of money and resources to mobilize such an investigative team. In discussions with friends I reminded them that the uninsured/under insured motorists issue has not been resolved or brought to light as of yet.

The Legal Intelligencer wrote this article on May 5, 2009. Its extensive contents seem to point in that direction.

In a potentially explosive document filed Monday, the attorneys for PA Child Care and Western PA Child Care claim that money paid to two former Luzerne County, Pa., judges was not a "kids for cash" arrangement, but was part of a corrupt courthouse system that included fixing civil cases.

The attorneys, who also represent Gregory Zappala and the juvenile detention facilities, allege that former Luzerne County President Judges Mark A. Ciavarella Jr. and Michael T. Conahan Jr. were paid more than $2.6 million for "favorable panels or results in automobile arbitration cases or other civil cases, and not for adjudication and commitment of the delinquents."

The child-care provider defendants in the case deny all knowledge of any alleged kickback scheme.

They claimed the "information relevant to this belief … is in the control of" the U.S. attorney for the Middle District of Pennsylvania. They also claimed that they could not conduct thorough discovery while the investigation is ongoing and that "if the outcome of the investigations is as provider defendants expects, all discovery will be unnecessary."

The allegations represent a clear departure from those made by federal authorities in criminal cases.

PA Child Care and Western PA Child Care, though, claim their allegations can be backed by Luzerne County Common Pleas Court judges and attorneys who have received target letters from federal investigators.


It will be interesting to see how this plays out.

Supreme Court Vacates Juvenile Convictions Back To 2003

Times Leader Photo
According to a Times Leader article out of Harrisburg Pennsylvania's Highest Court has vacated all of the juvenile cases heard before disgraced ex-Judge Mark Ciavarella since 2003. Its order also disallows retrial of all the cases but a handful.

In issuing the ruling, the high court said it agreed with Grim's assessment that Ciavarella had shown a "complete disregard for the constitutional rights of juveniles who appeared before him."

"We conclude that the record supports Judge Grim's determination that Ciavarella knew he was violating both the law and the procedural rules promulgated by this court applicable when adjudicating the merits of juvenile cases without the knowing, intelligent and voluntary waiver of counsel by the juveniles," the court wrote.

Grim had also recommended that Luzerne County District Attorney's office be barred from retrying all but a handful of cases based on the double jeopardy statute, a constitutional prohibition against trying a person twice for the same crime. Grim based that recommendation on his finding that Ciavarella engaged in intentional conduct meant to deprive juveniles of their rights. That triggered the double jeopardy statute, he said.

The Supreme Court agreed with Grim that the vast majority of cases cannot be retried, but declined to adopt Grim's reasoning regarding the double jeopardy statute. The court instead said it was granting that relief solely "in the interest of justice."

SOP believes this order is far reaching and Judges in Pennsylvania should take note. In reading the court's order it is an indictment of actions by a judge that would introduce an element of prejudice by a judge.

The transcripts reveal a disturbing lack of fundamental process, inimical to any system of justice, and made even more grievous since these matters involved juveniles.

During the hearing conducted by President Judge Platt in Joseph v. The Scranton Times, 19 MM 2009, Ciavarella admitted under oath that he had received payments from Robert Powell, a co-owner of the PA Child Care and Western PA Child Care facilities, and from Robert K. Mericle, the developer who constructed the juvenile facilities, during the period of time that Ciavarella was presiding over juvenile matters in Luzerne County. It is a matter of record that Ciavarella routinely committed juveniles to one or another of these facilities. It is also a matter of record that Ciavarella failed to disclose his ties to Powell, much less the financial benefits he received in connection with the facilities to which he routinely committed Luzerne County juveniles. Ciavarella’s admission that he received these payments, and that he failed to disclose his financial interests arising from the development of the juvenile facilities, thoroughly undermines the integrity of all juvenile proceedings before Ciavarella. Whether or not a juvenile was represented by counsel, and whether or not a juvenile was committed to one of the facilities which secretly funneled money to Ciavarella and Conahan, this Court cannot have any confidence that Ciavarella decided any Luzerne County juvenile case fairly and impartially while he labored under the
specter of his self-interested dealings with the facilities.

At a federal hearing yesterday Mark Ciavarella had "No comment." FINALLY!

Olszewski Caught In "PARTY" Politics

Micahel Sisak Photo Citizen's Voice

In a story that appears in today's Citizen's Voice by supersleuth Dave Janoski(and Hazleton Standard Speaker) Judge Peter Paul Olszewski maintains that a photo leaked to the media showing him with Micahel Conahan, Ron Bellitiere, and attorney John Kennedy from Forty Fort is a smear attempt to influence his retention bid this November.

Olszewski said he was unaware of either man's alleged criminal activities when the photo was taken in 2005.

"It's obviously being done to embarrass me before the election," Olszewski said of the photo, which shows him, Conahan, the convicted dealer and a Luzerne County attorney holding drinks and liquor bottles in a Florida condominium that Conahan allegedly used to launder kickbacks in the kids-for-cash case.

In a tense, hour-long interview with The Citizens' Voice editors and reporters Thursday, Olszewski said he believes the June 2005 photo was mailed anonymously to the media by Conahan and/or his codefendant, former county Judge Mark A. Ciavarella Jr., to hurt his bid for a second 10-year term in November.

"If you publish this, you're doing Mark's bidding," Olszewski said. "You're doing what the most corrupt judges in the world want you to do."

Olszewski said he clashed with Ciavarella during Ciavarella's last months as president judge, before Ciavarella and Conahan were charged in the kids-for-cash scandal in January. Olszewski said he disagreed with a lawsuit Ciavarella filed against the county commissioners to stall proposed cuts in court staffing and other administrative decisions made by Ciavarella.

Olszewski said shortly after Ciavarella's arrest in January, Ciavarella left him a "rambling," angry voice mail message "castigating" him for comments he made to the media about Ciavarella's tenure as president judge.

Olszewski said three people have told him Ciavarella is still "seething" over the criticism.

I read his editorial explanation/commentary in the Times Leader on why he didn't know what was going on in Ciavarella's courtroom. As Gort said over in his fantastic blog, why was it that everyone knew what was going on in Judge Ann Lokuta's courtroom and no one knew what was going on in Ciavarella's?

Whether or not the electorate will believe him will be born out in the Novemeber bid. Unfortunately, Judge Burke needs to separate himself from this mess. I have heard nothing but admirable accolades about his service and integrity. That is not to contrast in any way with any assessment of Olszewski's work on the bench.

Communication in any relationship is key to its survival. Right now the voters are angry, not just with Luzerne County, but the Pennsylvania legislature, Congress, and the President. They need to be made whole again with respect to government's duty to the people, not to themselves. If any incumbent wants to survive the next few years of election it will be sincere efforts, not pandering that will retain his/her seat.

Getting back to the picture. I have an associate who worked for the CIA for 23 years. One of the tenents in his training was "Dont worry about who you are looking at worry about who is looking at you." Who took the picture? It's not who we see but who we don't see. Who else is missing from the picture that may have been at the condo at the same time.

You may want to revisit my post from May 11, 2009.

State Audits $4 Million Paid To Allegheny Valley School Head

The Pittsburgh Tribune-Reiview is reporting that the state Department of Public Welfare is auditing a compensation package given to Regis Champ, head of Allegheny Valley School. His compensation package for 2008 was $4 million dollars.

The state is auditing Allegheny Valley's parent company, Northwestern Human Services in Lafayette Hill, and the $495,535 salary of its president and chief executive, M. Joseph Rocks, a former state senator.

"I thought it was pretty large," said Kevin Casey, deputy secretary for the department's Office of Developmental Programs, about Champ's compensation package. The office oversees programs dealing with mental health and mental retardation.

"Frankly, I was not happy with it. I've never heard of anything of that size in 40 years," Casey said.

The Trib reported Aug. 30 that Champ received a $3.98 million package. It was supposed to be spread over 10 years, but was paid to Champ last year when Allegheny Valley was sold to Northwestern Human Services, said Northwestern spokesman Kevin Feeley.

Do you remember Northwestern Youth Services? You should.

To address the immediate problem created when Judge Conahan shut down the Luzerne facility for use the privately owned juvenile detention facility in Pittston Township among others was approved for use by the Luzerne County commissioners on February 5, 2003 .The centers approved for use include: Northwestern Youth Services, $186.60 per diem; Pennsylvania Child Care, $268 per diem; Lackawanna County Juvenile Detention Center, $200 per diem; Dauphin County Juvenile Detention Center, $288 per diem; Northampton County Juvenile Detention Center, $195 per diem and Lebanon County Juvenile Detention Center, $160 per diem.

02/07/2003
New juvenile facility ready for business
By Fred Ney , Citizens' Voice Staff Writer

Luzerne County President Judge Michael Conahan, who was not present at Thursday's grand opening, commented later in the day that the county sends Northwestern from 140 to 160 juveniles annually for long-term residential treatment services.

Here's more on the legal filing by the Times Leader in the matter of PA ChildCare LLC vs. Steve Flood, Thomas Crofcheck, and Leonard Pocius to have the record unsealed mentioning Northwestern Human Services.

For some there just never is enough money on the planet.

Breaking News: Judicial Conduct Board Received Complaint in 2006

Today's indictment of former judges Conahan and Ciavarella underscores a rampant judiciary that evaded scrutiny for years. According to the Legal Intelligencer a detailed complaint was filed against one of the judges in 2006.

The Legal Intelligencer

By Hank Grezlak And Leo Strupczewski

September 09, 2009

A detailed complaint was filed against former Luzerne County Judge Michael T. Conahan with the Judicial Conduct Board in 2006, alleging wide-spread corruption including case-fixing, mob ties and the improper placement of juveniles in a privately owned juvenile detention facility.

The same anonymous complaint was also sent to and received by the U.S. Attorney's Office for the Middle District of Pennsylvania in Harrisburg around the same time in the fall of 2006, sources have confirmed to The Legal.

Publicly, there is no evidence the JCB did anything with the complaint.

The reporters detail more of the complaint and details surrounding it.

The complaint lays out a number of allegations the federal government has already made against the judges or that sources have made to The Legal. It portrays a culture of rampant case-fixing in both civil and criminal cases, providing specific names of attorneys and cases, as well as case numbers.

More importantly, given that it was filed in late 2006 — more than two years before Conahan and Ciavarella were accused by the government of taking $2.6 million from attorney Robert Powell, co-owner of PA Child Care, and Robert Mericle, the facility's builder — it lays out the close relationship between the former judges and Powell, including trips to a condominium in Florida and the use of Powell's yacht, "Reel Justice."

The complaint also ties them to the increased placement of juveniles at PA Child Care.

"Attorney Robert Powell is co-owner of [PA Child Care]. When Judge Conahan became president judge, he assigned Judge Ciavarella to Juvenile Court, while in the past, Juvenile responsibilities were shared among Judge [Chester B.] Muroski and at times, Judge [Ann H.] Lokuta," the complaint alleges. "A stringent pattern of placement in the Powell owned facility can be readily revealed by reviewing Judge Ciavarella's placements. In the past, the other judges placed in a variety of facilities ... ."

The complaint also alleges that Conahan and a local attorney regularly met with reputed mob boss William "Billy" D'Elia, something that witnesses have testified to in open court and other sources have told The Legal in the past.

The existence of the complaint and its timing raises serious questions about what the JCB did with the complaint, whether its board members were aware of it, and why the JCB allowed the two former judges to testify against former Luzerne County Judge Ann H. Lokuta in the board's case against her.

Lokuta raised a serious allegation about the case against her with Pennsylvania's highest court as reported on August 22, 2009.

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter


HARRISBURG – Former Luzerne County judge Ann Lokuta has asked the state Supreme Court to take jurisdiction of her case from the Court of Judicial Discipline, alleging the disciplinary court has shown a bias toward her in its rulings.

The petition, filed Thursday, alleges the disciplinary court has failed to follow the Supreme Court’s directive regarding the standard of review it should apply in reexamining Lokuta’s misconduct case.

It also again challenges the refusal of attorney Richard Sprague, who headed the panel, to recuse himself given his representation of Robert Powell, one of the key figures in the judicial corruption probe.

Likewise the Scranton Times chronicles the events prior to the judge's arrest.

The Court of Judicial Discipline held a hearing May 13 and granted Ms. Lokuta 90 days to collect evidence related to a narrow scope of "corruption," related to the charges against Mr. Conahan, Mr. Ciavarella and Mr. Sharkey - all key witnesses against her at her misconduct hearing.

The court blocked Ms. Lokuta and her attorneys from issuing subpoenas, leaving them "both hog-tied and hamstrung in a travesty of justice that threatens to pull the judicial process into further disrepute," she alleges.

Efforts to reach Frank Puskas, deputy chief counsel for the Judicial Conduct Board, the state agency that investigates and prosecutes allegations of ethical violations against judges, were unsuccessful Friday.

Judge Sprague, who has represented another corruption figure - Drums attorney and former detention center co-owner Robert J. Powell - has refused to leave the case despite mounting evidence of "at the very least, an appearance of impropriety," Ms. Lokuta claims.

Robert Mericle- No Miracle Could Avoid Pleading Guilty

Times Leader Photo

Thursday, August 13, 2009 11:26 am Times Leader website

UPDATE: Mericle to donate $2.15 million to benefit children under conditions of plea agreement

SCRANTON - Developer Robert Mericle has agreed to voluntarily donate $2.15 million to a fund that will benefit the welfare of children in Luzerne County as part of a plea agreement to federal charges.

The agreement, which was signed Friday, calls for Mericle to plead guilty to one count of failing to report a felony. Prosecutors say Mericle failed to disclose his knowledge that former judges Michael Conahan and Mark Ciavarella had accepted kickbacks in exchange for rulings that benefited the PA and Western PA juvenile detention centers that Mericle built.

It was inescapable that a businessman would allow money to pass through his account and not be "accountable"- pun intended.

Judge Ann Lokuta- I Have Witnesses

Personally, I always felt Judge Lokuta received an unfair trial before the Board of Discipline. I had people try to convince me about her behavior but if anyone was put in a pressure cooker like she was I am sure those subjected to it would crack.

The Times Leader is reporting that Judge Ann Lokuta has filed statements with the state Court of Judicial Discipline that verify her allegations that Mark "The Chiv" Civarella and Michael "The Con" Conahan conspired to have her removed from the bench.

Well, back to the whacky side. The court held off making a ruling, however, after Lokuta advised members she had witnesses who would link Conahan to the Mafia. Its just Ann being Ann.

Only The Shadow Knows For Sure

Bloggers everywhere are writing about Senior U.S. Judge Edwin M. Kosik's recent decision to reject the plea deals reached with Conahan and Ciavarella. There are a multitude of mainstream newsprint articles on the subject.

Jerry Lynott in the Times Leader writes Senior U.S. Judge Edwin M. Kosik’s order voiced displeasure with the conduct and statements of the two men since they pleaded guilty on Feb.12 to participating in a $2.6 million kickback scheme related to the construction of two juvenile detention facilities and the placement of youths in the facilities.

A report the U.S. Probation Office prepared on Conahan for sentencing purposes indicated he “refused to discuss the motivation behind his conduct, attempted to obstruct and impede justice and failed to clearly demonstrate affirmative acceptance of responsibility with his denials and contradiction of evidence,” Kosik wrote.

Ciavarella has been less obstructive, but, Kosik noted, the former judge “has resorted to public statements of remorse, more for his personal circumstances, yet he continues to deny what he terms ‘quid pro quo.’ ” Ciavarella said he did not take money for placing juveniles in the centers and described his payments as a “finder’s fee” for having the centers built in Pittston Township and Butler County.

“Quid pro quo can be implied from the evidence,” wrote Kosik, adding the government does not have to show “explicit promise to perform official acts in return for payment.”

In a visit to the past one must look at a previous case involving Conahan where he escaped prosecution.

Government witness Neal DeAngelo testified Judge Conahan called him in 1986 and said he had heard Mr. DeAngelo’s brother, Paul, had been buying cocaine from a dealer who was under investigation. Judge Conahan offered to put the DeAngelos in contact with a Florida dealer, Mr. DeAngelo testified.

Mr. Belletiere, who is a former Hazleton resident, subsequently called Mr. DeAngelo at Judge Conahan’s request, according to testimony, and the DeAngelo brothers and another man traveled to Miami to buy $26,500 worth of cocaine from Mr. Belletiere.

The federal prosecutor in the case, during a “sidebar” conversation with the judge out of the jury’s earshot, called Judge Conahan an “unindicted co-conspirator” in the case, according to a transcript.

From a Citizen's Voice article published July 16, 2008

“Fourteen years ago, Luzerne County Judge Michael T. Conahan said allegations that he helped connect a Florida cocaine dealer with a Hazleton buyer were “bogus” stories told by “common criminals” hoping to curry favor with federal prosecutors.

Four years ago, the convicted cocaine dealer and Conahan’s wife, Barbara, formed a Pompano Beach used-car business, according to an official with the company who said Monday that he met with Conahan, Conahan’s wife and the former dealer in Florida to discuss setting up the business in 2004.”

The Times Leader published the following in January of this year.

Paul DeAngelo was sentenced by Judge Kosik to 18 months in prison for his guilty plea to aiding with the distribution of a kilogram of cocaine in 1987.

Judge Kosick would be the same Senior U.S. Judge Edwin M. Kosik who rejected the plea deal. Do you think the Judge is sending a message? "You escaped my courtroom once but it won't happen a second time."

As the Times Leader published ’91 case casting shadows on today



"Who knows what evil lurks in the hearts of men? The Shadow knows!"

Here's How The Republicans Can Rise To The Occassion

The Commonwealth of Pennsylvania under Fast Eddy Rendell is $3 billion in the hole.
Below is a list of donations made to the Luzerne County Democratic Party as well as state and federal Democratic office holders. And the press has the audacity to blame the Republican party for the world's woes.

Recipient Date Amount
LUZERNE COUNTY DEMOCRATIC COMMITTEE
PLYMOUTH, PA 18651 10/31/2005 $500.00
Description: DONATION
Filer/Payer: CIAVARELLA, MARK JUDGE RETENTION COM
Report: 2005 Cycle 6
Go to Top Go to Bottom
22 Expenditure Details 22
Recipient Date Amount

LUZERNE COUNTY DEMOCRATIC COMMITTEE
PLYMOUTH, PA 18651 4/19/2005 $6,000.00
Description: DONATION
Filer/Payer: CIAVARELLA, MARK JUDGE RETENTION COM
Report: 2005 Cycle 5
Go to Top Go to Bottom
23 Expenditure Details 23
Recipient Date Amount

LUZERNE COUNTY DEMOCRATIC COMMITTEE
PLYMOUTH, PA 18651 9/30/2005 $6,000.00
Description: DONATION
Filer/Payer: CIAVARELLA, MARK JUDGE RETENTION COM
Report: 2005 Cycle 5

Recipient Date Amount
COMMITTE TO ELECT MARY ANN PETROLL (Mary Ann Petrilla)
BULLEN TWP, PA 12/24/2003 $5,000.00
Description -
Filer/Payer: CONAHAN, MICHAEL COM TO RETAIN
Report: 2003 Cycle 7

Recipient Date Amount
LUZERE COUNTY DEMOCRATIC COM.
WYOMING, PA 18644 9/9/2003 $1,000.00
Description: DONATION
Filer/Payer: CONAHAN, MICHAEL COM TO RETAIN
Report: 2003 Cycle 4
Go to Top Go to Bottom
33 Expenditure Details 33
Recipient Date Amount
LUZERNE COUNTY DEMOCRATIC COMM
WYOMING, PA 18644-0221 8/22/2003 $2,000.00
Description: DONATION
Filer/Payer: CONAHAN, MICHAEL COM TO RETAIN
Report: 2003 Cycle 4

Conservatives for Good Government <------------------------------------------------------------------------ Powell In disguise
Sugarloaf, PA 18249 2/8/2007 $5,000.00
Occupation: -
Employer: PA
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2007 Cycle 2

Contributor Date Amount
Conversatives for Good Government
Sugarloaf, PA 18249 3/29/2005 $10,000.00
Occupation: -
Employer: PA
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2005 Cycle 5

Contributor Date Amount
Robert Powell
Drums , PA 18222 6/12/2006 $340.00
Occupation: lawyer
Employer: PA
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2006 Cycle 4


Multi-Candidate Committee
Pittsburgh, PA 15259 2/8/2007 $500.00
Occupation: -
Employer: PA
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2007 Cycle 2

Pittsburgh Future PAC
Pittsburgh, PA 15219 3/15/2007 $1,000.00
Occupation: -
Employer: PA
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2007 Cycle 2
Wonder where they come from

Onto Cigarette Money from the guy who champions health causes

Altria Group, Inc. PAC
Washington, DC 20001 7/25/2006 $340.00
Occupation: -
Employer: PA
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2006 Cycle 4

Contributor Date Amount
Altria Group, Inc.PAC
Washington, DC 20001 1/26/2006 $500.00
Occupation: -
Employer: PA
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2006 Cycle 1

Contributor Date Amount
Altria Group, Inc.PAC
Washington, DC 20001 1/26/2006 $500.00
Occupation: -
Employer: PA
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2006 Cycle 1


Friends of Dave Lupas
Pittston, PA 18640 10/26/2006 $125.00
Occupation: -
Employer: PA
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2006 Cycle 6

Contributor Date Amount
Friends of Dave Lupas
Pittston, PA 18640 1/10/2006 $125.00
Occupation: -
Employer: PA
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2006 Cycle 1

Bob Powell Campaign Donations

CARNEY, CHRISTOPHER
VIA CARNEY FOR CONGRESS
09/15/2006 1000.00 26930454491
01/18/2007 2100.00 27930554825

POWELL, ROBERT
DRUMS, PA 18222
SELF-EMPLOYED/ATTONEY-AT-LAW

KANJORSKI, PAUL E
VIA PENNSYLVANIANS FOR KANJORSKI
10/16/2006 500.00 26930504848
POWELL, ROBERT
WEST HAZLETON, PA 18201
ATTORNEY

KLINK, RONALD P
VIA CITIZENS FOR RON KLINK
06/18/1999 500.00 99020071438

POWELL, ROBERT
WEST HAZLETON, PA 18201
ATTY-AT-LAW

KANJORSKI, PAUL E
VIA PENNSYLVANIANS FOR KANJORSKI
01/18/2000 1000.00 20035374539

POWELL, ROBERT
WEST HAZLETON, PA 18201
THE POWELL LAW GROUP

KLINK, RONALD P
VIA CITIZENS FOR RON KLINK
03/08/2000 500.00 20020101072
03/08/2000 500.00 20020101072
06/30/2000 500.00 20020182550

POWELL, ROBERT
WEST HAZLETON, PA 18202
SELF EMPLOYED/ATTORNEY

EDWARDS, JOHN
VIA EDWARDS FOR PRESIDENT
03/31/2003 2000.00 23990753014

POWELL, ROBERT
WEST HAZLETON, PA 18202
SELF-EMPLOYED/ATTONEY-AT-LAW

KANJORSKI, PAUL E
VIA PENNSYLVANIANS FOR KANJORSKI
10/26/2002 500.00 22992803736

POWELL, ROBERT
WEST HAZLETON, PA 18202
THE POWELL LAW GROUP

DASCHLE, THOMAS ANDREW
VIA NEW LEADERSHIP FOR AMERICA PAC
08/11/2004 1000.00 24020882189

POWELL, ROBERT
WEST HAZLETON, PA 18202
THE POWELL LAW GROUP/ATTORNEY

GEPHARDT, RICHARD A
VIA GEPHARDT FOR PRESIDENT INC.
06/30/2003 1000.00 23991413028

POWELL, ROBERT J
HAZLETON, PA 18201
THE POWELL LAW GROUP

EDWARDS, JOHN R
VIA EDWARDS FOR SENATE
08/13/2002 1000.00 23020030061
POWELL, ROBERT J
WEST HAZLETON, PA 18201
ATTORNEY

CASEY, PATRICK RAYMOND
VIA CASEY FOR CONGRESS COMMITTEE
10/26/1998 500.00 98033964986

POWELL, ROBERT J
WEST HAZLETON, PA 18202
POWELL LAW GROUP

HOEFFEL, JOSEPH M
VIA HOEFFEL FOR SENATE COMMITTEE
06/30/2004 1000.00 24020612151

POWELL, ROBERT J
WEST HAZLETON, PA 18202
POWELL LAW GROUP/ATTORNEY

KERRY, JOHN F
VIA JOHN KERRY FOR PRESIDENT INC
05/27/2004 2000.00 24981235798

POWELL, ROBERT J ATTY
WEST HAZELTON, PA 18201
THE POWELL LAW GROUP

CASEY, PATRICK RAYMOND
VIA CASEY FOR CONGRESS COMMITTEE
10/13/2000 500.00 20036350484

POWELL, ROBERT J ESQ
WEST HAZLETON, PA 18201

AMERICAN ASSOCIATION FOR JUSTICE POLITICAL ACTION COMMITTEE (AAJ PAC)
12/21/1999 -10.00 20035340116

POWELL, ROBERT J ESQ
WEST HAZLETON, PA 18202
SELF EMPLOYED/ATTORNEY

EDWARDS, JOHN
VIA JOHN EDWARDS FOR PRESIDENT
02/12/2007 2300.00 27930590513

POWELL, ROBERT J ESQ.
DRUMS, PA 18222
THE POWELL LAW GROUP/ATTORNEY

PENNSYLVANIA DEMOCRATIC PARTY
10/06/2006 5000.00 27930756092

POWELL, ROBERT J ESQUIRE
WEST HAZLETON, PA 18202
THE POWELL LAW GROUP/ATTORNEY

CASEY, ROBERT P JR
VIA BOB CASEY FOR PENNSYLVANIA COMMITTEE
06/30/2005 900.00 26020571636
06/30/2005 2100.00 26020571721
12/31/2005 1000.00 26020623257
POWELL, ROBERT J
WEST HAZELTON, PA 18201
POWELL LAW GROUP

PENNSYLVANIA SENATE 2000
06/28/2000 2500.00 20020182372

POWELL, ROBERT S MR.
SKILLMAN, NJ 08558
SELF/REAL ESTATE

KERRY VICTORY 2004
05/28/2004 500.00 24961686861
POWELL, ROBERT J
WEST HAZELTON, PA 18201
POWELL LAW GROUP

DEMOCRATIC SENATORIAL CAMPAIGN COMMITTEE
06/29/2000 2000.00 20020231266

Contributor Date Amount
Powell Law Group
West Hazleton, PA 18201 10/17/2000 $100.00
Occupation: -
Employer: -
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2000 Cycle 5

Contributor Date Amount
Powell Law Group
West Hazleton, PA 18201 6/20/2001 $250.00
Occupation: -
Employer: -
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2001 Cycle 7

Contributor Date Amount
Robert & Debra Powell
West Hazleton, PA 18201 9/15/2000 $400.00
Occupation: -
Employer: -
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2000 Cycle 5

Contributor Date Amount
Robert Powell
Drums, PA 18222 10/21/2004 $250.00
Occupation: -
Employer: PA
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2004 Cycle 6

Contributor Date Amount
Robert Powell
West Hazleton, PA 18201 8/4/2004 $750.00
Occupation: Lawyer
Employer: PA
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2004 Cycle 4

Contributor Date Amount
ROBERT POWELL
WEST HAZLETON, PA 18201 5/5/2004 $500.00
Occupation: LAWYER
Employer: POWELL LAW GROUP
WEST HAZLETON, PA 18201
Description: Monetary Contribution-
Recipient: EACHUS, TODD FRIENDS OF
Report: 2004 Cycle 3

Contributor Date Amount
Robert Powell
Drums , PA 18222 6/12/2006 $340.00
Occupation: lawyer
Employer: PA
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2006 Cycle 4

Contributor Date Amount
Robert Powell
West Hazleton, PA 18201 5/16/2002 $150.00
Occupation: -
Employer: -
Description: Monetary Contribution-
Recipient: FRIENDS OF TODD EACHUS
Report: 2002 Cycle 3

Contributor Date Amount
ROBERT POWELL
WEST HAZLETON, PA 18201 3/5/2004 $500.00
Occupation: LAWYER
Employer: POWELL LAW GROUP
HAZLETON
Description: Monetary Contribution-
Recipient: EACHUS, TODD FRIENDS OF
Report: 2004 Cycle 2

Contributor Date Amount
Robert Powell
Drums, PA 18222 7/12/2005 $260.00
Occupation: Attorney
Employer: Powell Law Group, P.C.
PA
Description: Monetary Contribution-
Recipient: Friends of Todd Eachus
Report: 2005 Cycle 5

Tina Garley and Robert Powell- Powell Law Group

Tina Gartley is a candidate for judge in Luzerne County. Her slogan is "The Change We Need- The Justice We Deserve." On her website she mentions that she is married to Scott Gartley. Welll....

Let's go over to Robert Powell's website to take a look. A press release talks about a rumored $10 million dollar settlement for a crash on the Airport Beltway in Hazle Township.

Settlement negotiations began immediately following a hearing Tuesday before Luzerne County Judge Peter Paul Olszewski, who imposed sanctions against GM for discovery violations related to trial of a civil lawsuit.

Olszewski ordered GM to pay expenses of $20,000 to Powell plus $500 for preparation of a motion for sanctions.

The judge also fined GM $100 a day from Aug. 5 to Oct. 4 for missing a court-imposed deadline to turn over engineering change reports related to design of the fuel system of the Blazer.

Attorney Bob Powell said he agreed after the hearing to give GM lawyers 48 hours to obtain corporate approval of the settlement "or we would pull any offer off the table."

Powell said the lawyers called at 4 p.m. Thursday and stated "GM was prepared to meet all of our demands. They insisted on two more caveats. One was confidentiality."

Powell said he called his clients around 6 p.m. and obtained their approval.
Confidentiality??

The battle over GM documents resulted in Olszewski appointing local attorney Scott Gartley to determine which ones were protected by attorney-client privilege.

The judge approved the payment of a $26,925 fee to Gartley and apportioned $22,886.25 to GM and $4,038.75 to the plaintiffs.

The question I have for Tina Gartley is this? How close were you or your husband with Robert Powell? Have you or any member of your family ever been a guest at the Florida condominium connected to judges Mark Ciavarella and Michael Conahan?

From the Citizens Voice

The Pennsylvania Supreme Court ordered an evidentiary hearing into an alleged case-fixing allegation involving disgraced Judges Conahan and Ciavarella. Dave Janoski writes the story in today's Citizens Voice.

The Citizens’ Voice will get a hearing on evidence of alleged case-fixing in a $3.5 million defamation verdict against the newspaper handed down by former Luzerne County Judge Mark A. Ciavarella Jr., the state Supreme Court ruled Tuesday.

The court named Lehigh County President Judge William H. Platt to hold a hearing “as soon as practically possible” and ordered him to recommend whether the newspaper should be granted relief, possibly including a new trial.

D’Elia associate Robert J. Kulick, a convicted felon awaiting sentencing on a federal firearms charge, gave a sworn declaration to attorneys for the newspaper in February alleging that he, D’Elia and Conahan met twice a month in an unnamed Wilkes-Barre restaurant to discuss pending court cases for nearly eight years. Kulick said Conahan acted on his requests to give a “fair shake” to plaintiffs Kulick supported in cases handled by Conahan and other, unnamed judges.



Read the Order
Read Kulick's declaration

Interesting Exchange In Judge Ann Lokuta's Application For Supersedas, Stay, And Extraordinary Relief

The following statements were contained in Judge Ann Lokuta's Motion for Supersedas, Stay, And Extraoridary Relief before the Pennsylvania Supreme Court found on the Citizen's Voice website.

4. Lokuta testified at her Trial before the Court of Judicial Discipline that she initiated contact with the United States Attorney and the Federal Bureau of Investigation concerning irregularities that she witnessed with respect to the Judicial operations and functions taking place in the 11th Judicial District. [N.T., 1-14-08, pp. 2861-2862].

A. In fact, during her deposition taken on August 25, 2006, by Deputy
Counsel for the Judicial Conduct Board, Lokuta specifically informed
Atty. Puskas, through her then Counsel, the areas that she was looking at
concerning the interrelationship between Judge Conahan, Judge
Ciavarella, and other Courthouse employees, and the impact it had over
Lokuta’s ability to function as a Judge in the 11th Judicial District:
The following exchange took place:
MR. STRETTON: I can tell you, having served as the solicitor for the
Prothonotary up there and as the solicitor for the Controller, I see
the control that Conahan has and I’ve seen what he’s done up
there.
And I was there when lawyers called Steve Flood and said,
“Judge Conahan called us and said, ‘If you give him one penny in
his campaign, you will not win another case in this county’”
MR. PUSKAS: Okay.
MR. STRETTON: So I want you to understand that this is not the
normal County.
MR. PUSKAS: I understand that.
MR. STRETTON: This is a county where I issued subpoenas for the
Controller to get evidence on Conahan and Ciavarella on the
judicial–the Juvenile Justice Center and problems there. We had a
hearing with Judge Toole, Jr., and he never acted on it, and it sat
there for a whole nine months until Flood went out of office.
[Deposition of Lokuta, August 25, 2006, at p. 167, lines 2-25].
B. Later in Lokuta’s Deposition of August 25, 2006, in an attempt to explain
how her Judicial role was being marginalized to the point that she was not
able to function based upon the control and actions of then President Judge
Conahan, another exchange relative to what was being reviewed by
Lokuta’s Counsel took place:
“...LOKUTA: So when you say you can’t understand this, let me suggest
to you sir, that it’s pretty apparent what goes on in this district.
MR. STRETTON: And I just want–
MR. PUSKAS: I appreciate –
MR. STRETTON: – to add, before we go any further, – because I know
this summer, last summer, Judge Muroski approached me through
Steve Flood and asked to testify at the Controller’s hearing. He
asked me to give him a Controller’s subpoena. We had set the
hearings up and he was going to testify about the problems with
the Juvenile Justice Center, which is the baby of Ciavarella and
Conahan.
MR. PUSKAS. Okay.
MR. STRETTON: A week before that I get a call from Taylor Williams, a
very close friend of mine from the Court–AOPC’s counsel’s office.
She said, “Sam, Judge Muroski has retained me. He’s extremely
upset that you issued this subpoena. We’re going to move to quash
it.”.
I told Taylor, I said, “Taylor, I’ll withdraw the subpoena.
He asked me to give it to him.” I said, “What’s going on?”
And Judge Conahan gave Judge Muroski his chambers, allotted
$30,000 of repairs, and Judge Muroski won’t talk to us anymore.
I want you to see what’s happening to people up there,
‘cause your whole tone here has been, well, you say this, but all
these other people say that.
I’m going to tell you–and if we get to trial on this, I know
where the bodies are buried up there, and you’re gonna see the
same thing is happening to each person, I suspect.
And that’s why people are giving versions, because they’re
offered things like Susan Weber is, even though she’s totally not
competent to do her job.
I want you to see that though. You’ve got to live through it
to appreciate it.
MR. PUSKAS: I understand that, Sam. I understand what you’re saying,
and I understand what Judge Lokuta’s saying.
MR. PUSKAS: My point is this, is that what you’re describing is an
atmosphere in this county that’s making it difficult–this is your
perspective–to function as a judge.
MR. STRETTON: It makes people lie.
MR. PUSKAS: And what I’m saying here is, these are complaints we are
investigating, and the complaints we are investigating by and large
deal with Judge Lokuta’s behavior against other people.
MR. STRETTON: But every one of them have benefitted.
[Deposition of Lokuta, August 25, 2006, at pp. 178, lines16-25, p. 179,
lines 1-25, p. 180, lines 1-18]. [Lokuta’s Deposition are attached hereto as
Exhibit “B” and incorporated herein by reference]

Alleged Mob Associate- The Feds Are Taking A Peak

Who said Al Capone died? Well, we know he did but his style, his legend still live on. In another twist of irony an alleged mobster is tied to the recent case files subpoened by the Feds investigation the shenanigans at the Luzerne County courthouse.
Read Dave Janoski's piece from the Citizensvoice.com website detailing how alleged mob associate Robert Kulick's name appears in one of the 79 cases seized by the Feds.

Luzerne County And Probation Official Added As Defendents In One Juvenile Lawsuit

Luzerne County and another former probation department official had their names added as defendants in one of three lawsuits filed in connection with the juvenile rights violations in Luzerne County.

Terry Morgan-Besecker chronicles this latest saga in today's Times Leader.

Attorney Barry Dyller on Monday filed an amended complaint, alleging the county is partly liable because Ciavarella and Conahan were the highest office holders in the county, therefore their decisions constituted county “policy and custom.”

The suit also places part of the blame on the late Michael Loughney, a former chief probation officer, alleging that he and his predecessor, Sandra Brulo, bowed to pressure from the judges and failed to take action to prevent them from violating juveniles’ constitutional rights.

Adding Luzerne County may not work out as well as this attorney sees it. Both judges were employees of the state, not the county. But that is for a court to determine as these cases meander through the legal process.

But county solicitor Vito DeLuca said he believes Dyller is advancing a “novel theory” and the county will have a strong legal basis to seek dismissal from the complaint.

“We had absolutely no supervisory capacity in any shape or form over the judges. We had no right to discipline them and had no right or ability to change policies they instituted,” DeLuca said.

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.

ABC News "20/20" Feature Judges On Jailing Kids For Cash Segment

Read the story and watch the video on their webstie. Watch the story on "20/20" tonight at 10 p.m. ET.

Greg Skrepenak- You Should Resgin Immediately

An article in today's Standard Speaker should spark a call for Greg Skrepenak to immediately resign his seat as a Luzerne County Commissioner. "Luzerne officials consider confiscation of juvenile facility"

BY MICHAEL P. BUFFER
STAFF WRITER
Published: Tuesday, March 17, 2009 4:13 AM EDT
WILKES-BARRE — Luzerne County officials said Monday they are looking into possible actions — including confiscating ownership of the private facility that detains juveniles in Pittston Township — to recover losses associated with a kickback scheme to defraud taxpayers.

Here is the part in this article that makes the case for Skrepenak to resign.

The property in Pittston Township is worth almost $8.7 million, according to the county’s 2008 assessed value.

County commissioners in 2003 agreed to pay daily rates to send juveniles to the Pittston Township facility but still planned to build a new county facility. In 2004, Todd Vonderheid and Greg Skrepenak became Democratic majority commissioners, and they approved a 20-year lease that would have cost more than $60 million.

Let's revisit a couple of old stories about the history of this juvenile detention mess.

12/31/2004
County declares emergency, OKs pact with juvenile care center
By James Conmy , Citizens' Voice Staff Writer

Luzerne County Commissioners Greg Skrepenak and Todd Vonderheid declared a state-of-emergency Thursday to ratify four short-term contracts with service providers for a Pittston Township juvenile care center. The county will begin a 20-year, $58 million lease for the facility with Pennsylvania Child Care on Jan. 1. All contracts with service providers at the facility expire Dec. 31.

An emergency was declared to bypass normal advertising requirements for services, Vonderheid said.

Why that statement alone doesn't have Skrepenak and Vonderheid in hot water with the AG or the Feds is somewhat mind boggling. The new Luzerne County Commissioners took office on January 1, 2004. At the end of the year they suddenly decide there is an “emergency” when in fact they had been paying PA ChildCare on a per diem basis for almost two years. On what grounds can they claim an emergency when they already were contracting with PA ChildCare and other facilities throughout the state.

Vonderheid justifies the lease cost based on prices paid for the last three years. Again, if they are doing it for the last three years where was the emergency? Other contracts approved at the same time were for food service, custodial and maintenance service, and health insurance. They were all for 120 days, except the custodial and maintenance contract, which is for 30 days.

Now to rewind the timemline tape a bit more.

03/06/2003
County OKs design plans for new juvenile detention center
By Fred Ney , Citizens' Voice Staff Writer

The new Luzerne County Juvenile Detention Center moved another step closer to reality Wednesday when the county commissioners approved spending $446,500 for design services.

Contract was awarded to Strach Associates, Plains Township.
Luzerne County Engineer Jim Brozena asked the commissioners to approve the proposal.

Commissioner Steve Urban questioned whether Brozena sought competitive bids for the work.

Brozena said he was not required to seek bids because engineering and architectural design are professional services and do not require bidding under the County Code.

So the taxpayers of Luzerne County paid $446,000.00 for engineering and architectural design on a building that never was built. Oh but there is more.

09/26/2001
Makowski says county will build, not lease, juvenile detention center
By Fred Ney , Citizens' Voice Staff Writer

Putting an end to speculation that Luzerne County might soon lease a new juvenile detention center in Pittston Township, Luzerne County Commissioner Chairman Tom Makowski said Tuesday that the county would build its own facility.

"It was an option that we did consider," Makowski said regarding the Pennsylvania Child Care LLC 48-bed project in the Vogelbacher Industrial Park. "We've considered a lot of things," he added.

"However, we're convinced that the best way to go is to build our own facility and we'll do that," he asserted. Makowski hinted that a site has been selected for the project but he said to reveal that now would be "premature."

"We'll be making an announcement soon," he promised.

The current county juvenile detention center on North River Street, Wilkes-Barre, is more than 60 years old and in deplorable condition.

Engineers and architects have calculated that it would cost about $2.5 million to repair it while a new facility would cost between $4 and $5 million.

Let us assume that the cost of the new facility would approach the assessment on the current facility. Now round that number to $9 million to be generous. This figure is also corroborated by Commissioner Steve Urban.

01/06/2006
County expects subsidies will offset higher lease for juvenile center
By James Conmy , Staff Writer
Minority Commissioner Stephen Urban challenged the 20-year, $58.9 million lease with Pennsylvania ChildCare when Skrepenak and Commissioner Todd Vonderheid authorized it late in 2003. He believes the county can build its own center for about $9 million.

If you were to take the estimated $9 million price tag(02/07/2003
New juvenile facility ready for business By Fred Ney , Citizens' Voice Staff Writer
PA ChildCare:The facility is reported to cost $7.4 million for a new county facility) and plug that figure into a mortgage calculator you will get the following result:

Mortgage Information
Loan amount $9,000,000.00
Term 20 years
Interest rate 4.800%
Monthly payment $58,406.17
Total payments $14,017,481.66
Total interest $5,017,481.66

It is hard to understand why Sam Diaz, as finance and budget director, did not speak about the disparity between county financing and the total amount of the lease. The county was spending over $44 million more than it would cost for it to finance and construct its own facility.

The $58.1 million lease gave Zapalla and Powell more borrowing capacity overall in the general financing market since it funds the debt service created by the construction of the facility on the part of their company.

You must also look at what it would have cost Luzerne County to build its own facility which was the original game plan. At a projected cost of $9 million and assuming an interest rate on funds to finance the project of 4.8% for twenty years (the length of the lease) the cost to the county would have been $14,017,481.66 not $58.1 million.

In fact the $58.1 million figure is not a definite one. It was the minimum that will be charged to Luzerne County by Pa ChildCare during the term of the lease. A 4.8% interest rate was quoted by one of the Commissioners.

Then the Commissioners had the audacity to raise the rate paid to PA ChildCare in the wake of an audit that said they were paying too much.

01/06/2006
County expects subsidies will offset higher lease for juvenile center
By James Conmy , Staff Writer

The cost of Luzerne County's lease of a Pittston Township juvenile care center will increase by approximately $1.35 million in 2006, a new expense that does not alarm most county officials.

The county had the opportunity to renegotiate the lease downward but they raised it upward.

Let us not forget what the County tried to do to the United Charities Home in West Hazleton. It was a blatant grab for those beds.

10/26/2006
State investigates West Hazleton child care facility
BY ROBERT KALINOWSKI
STAFF WRITER

“There was a recommendation (by the welfare agency) that, if possible, we systematically remove some of the children,” Kathy Bozinski said Wednesday.

Department of Public Welfare spokeswoman Stacey Ward disputes that, saying, “That recommendation was not made.”

It appears certain personnel in Luzerne County saw an opening to move kids from this facility to Pa ChildCare. The daily rate at United Charities was only $103.00 according to board member who is a friend of mine. The public outcry coupled with the fact that the investigation was blown up to be more than it was foiled this attempt. It is alleged that County officials contrived the need to move the kids to try to benefit PA ChildCare. The PA ChildCare facility was not at capacity. It needed to be to justify the lease. Only 44 beds of the 60 were occupied.

The Department of Welfare denies the created allegation made by county representatives. United Children’s Home was allowed an increase in the daily rate by the Department of Welfare to $110.00 per day. UCH has agreements with five counties to utilize its facility.

Audits find fraud but they do not find stupidity. When the public looks at all of this information collectively Skrep it is time to go.

Appeals Courts Used Strong Language in Overturning Conahan's Decisions

The Legal Intelligencer reported on March 6, 2009 that court cases involving ex-Judge Michael Conahan were overturned with strongly worded opinions.

The owners of a resort hotel on the outskirts of Wilkes-Barre, where reputed mob boss William "Billy" D'Elia was a fixture, received a pair of favorable decisions in the Luzerne County courtroom of disgraced ex-Judge Michael T. Conahan that were later overturned in strongly worded opinions by appellate panels, an examination of court documents and interviews by The Legal Intelligencer have shown.

Based on what sources have told The Legal and a review of obtained documents, there is reason to suspect the case in which D'Elia and Kulick "were both interested" was a zoning case involving The Woodlands.

Conahan rendered decisions — including a $13 million verdict at the conclusion of a bench trial — favorable to the owners of The Woodlands Inn & Resort in two cases where appellate court panels found Conahan had abused his discretion and reversed his decision or remanded the case for retrial.

Sources have told The Legal that D'Elia, in addition to frequenting The Woodlands, is a friend of the owners.

Pennsylvania Department of State records show The Woodlands is owned by Rokom Inc. Gary, Mitchell and Ross Kornfeld are listed as the corporate officers of Rokom. Messages left for Gary, Mitchell and Ross Kornfeld at The Woodlands were not returned.

Mark Kornfeld, who is listed as a plaintiff in both lawsuits, answered the phone in Gary Kornfeld's office. He said the court record "stands for itself," but otherwise declined to discuss the decisions.

According to a Superior Court decision remanding the case for retrial, Conahan awarded the plaintiffs $13 million in damages at the end of a non-jury trial. Luzerne County Common Pleas Judge Peter Paul Olszewski Jr. awarded the plaintiffs $900,000 in damages on retrial in 2005, according to Luzerne County court records.

In her opinion for a three-judge panel that decided the appeal, Judge Phyllis W. Beck wrote that, while the panel agreed that the bank handled the matter improperly, "At worst, the Bank had a pattern of avoiding and being indifferent to its statutory obligations, and at best, it improperly trained and supervised its employees with regard to those obligations."

Beck wrote while the law under which the plaintiffs filed their complaint was designed to punish such behavior, "Our careful review of the record reveals that the enormous verdict in this case did not bear any reasonable relationship to the actual damages suffered by the appellees as a result of the Bank's failure to satisfy the mortgages."

"Indeed, the evidence indicates that appellees were neither hindered in their business practices, nor embarrassed as a result of the Bank's failure. The Kornfelds themselves testified that they suffered no actual damages. Furthermore, nothing in the record indicates that the Bank acted out of malice, or was wanton in its misconduct, or that it achieved any corporate gain by its inaction. In the face of this record, we cannot sustain a $13,000,000 windfall in appellees' favor," Beck wrote.

The court noted that the applicable mortgage satisfaction statutes limit the penalty for a failure to file satisfactions to the face value of the mortgages. In the case of the three mortgages the Kornfelds had taken, the sum total and statutory ceiling of any damages was $8.4 million. For that reason, the court remanded the case for retrial on the damages before a different judge.

The Kornfelds were represented by Steven M. Greenwald, of Wilkes-Barre, and James F. Mundy, of Raynes McCarty in Philadelphia. Neither attorney returned phone calls seeking comment for this article. Richard L. Berkman, of Dechert in Philadelphia, represented Bankers Trust Co., which had acquired Atlantic Financial's interest in the mortgages, during the retrial on damages.

Berkman said the trial attorneys, who were not from Pennsylvania, reported that they felt they'd been "home-towned" during the first trial.

"We felt we were getting a real trial, the second time around," Berkman said, although, he added, the damages awarded seemed excessive in light of the fact that the plaintiffs alleged no economic damages.

The article goes on to describe another case involving the Kornfelds and Conahan.

In the condemnation case, Conahan granted the Kornfelds' preliminary objections to declarations of condemnation filed by the Pennsylvania Department of Transportation 18 months after the declarations were filed. Under Pennsylvania's Eminent Domain Code, preliminary objections to a taking must be filed within 30 days, according to a Commonwealth Court decision reversing Conahan's order.

In order to accomplish the improvements, PennDOT filed declarations of taking in February 2002 for the highway right of way, drainage and a temporary construction easement. Citing concerns about the impact of the improvements, the Kornfelds refused to execute the reimbursement agreement for the takings. After raising questions about the effect of the improvements on the Kornfeld facility's zoning compliance and learning that the project was more expensive and complicated than originally thought, the Kornfelds filed preliminary objections in September 2003.

Conahan sustained the preliminary objections, holding that ongoing negotiations and alterations to the declarations reducing the amount of land to be condemned constituted an "amendment" to the declarations. However, he held the amendment came beyond the statutorily prescribed one-year period during which the condemnor can unilaterally relinquish a taking. Conahan also found the taking caused the property to violate township zoning laws.

In an unreported en banc opinion, Commonwealth Court Judge Renee Cohn Jubelirer wrote that nothing in the record supported the trial court's finding that Kornfeld had cause to file the preliminary objections after the deadline.

"Condemnee cites no case law, nor could this court find precedential support for the proposition that ongoing negotiations, which did not begin until approximately seven months after a Declaration was filed, can be a reason for finding cause to extend the filing deadline for POs," Jubelirer wrote. "In fact, if it were a basis, the simple fact that parties in a case were engaged in negotiations would toll the time for filing POs. This standard is too vague to be workable; it would be subject to manipulation and to arguments as to precisely when the negotiations broke down and the appeal period began to run."

For those reasons, the Commonwealth Court found the Kornfelds failed to show legally sufficient cause for the late filing and that the trial court should have granted PennDOT's motion to dismiss the preliminary objections.

Arthur Piccone, of Hourigan Kluger & Quinn in Kingston, Pa., represented the Kornfelds. He did not return a call seeking comment.

The legal mess that this entire scandal has hatched will more than likely continue for some time. It is a shame because there are fine people and honest and hard-working lawyers and judges in Luzerne County. But the amount of people with a horror story or allegation points out a disturbing pattern with regard to the workings of the county's common pleas court. It will go down as the worst judicial scandal to date in this country.

Law enforcement has an obligation to get at the truth in Luzerne County, no matter how ugly, damaging, or deep-rooted it might be. If the entire Luzerne County Courthouse needs to be turned upside down it should be done. It will be the only way some semblance of decency will return to the halls of River Street.

Charles Grodin Opines On The Fairness Of Judges' Sentences

Crooked judges are real criminals, but prison sentences will hardly fit the crimes
Monday, February 23rd 2009, 11:29 AM

Brandon Hein, a California boy, was part of a drunken brawl among teenagers. One boy stabbed another who bled to death. Hein stabbed no one and stole nothing – he is serving life in prison with no chance of parole. He began his sentence when he was eighteen. He is now about to turn thirty-two.

June Benson, a woman in New York, was sentenced to twenty-seven to fifty-five years for pawning some stolen jewelry. She didn’t take a plea deal, so she received the same sentence as the rapist/thief who gave her the jewelry to pawn.

Despite being home asleep at the time of the crime, Ryan Holle, a boy in Florida, is serving a life sentence with no chance of parole. He lent his car to his roommate, who with others went out and committed a burglary and a murder. The prosecutor said “No car, no murder.”

Mind boggling.

So what should the sentence be for accused swindler Bernie Madoff who destroyed thousands of people’s lives, even driving some to commit suicide?

What should the sentence be for Mark Ciavarella and Michael Conahan, the two judges in Pennsylvania who recently pled guilty to taking $2.6 million in kickbacks in exchange for repeatedly sending teens to two privately-owned juvenile facilities?

Since 2003, it’s estimated that five thousand teenagers have been sent to these juvenile facilities by one of the judges alone. Now they suspect a highly significant percentage of these convicted teens absolutely should not have been locked up at all.

If the court agrees to the plea agreement, these two judges won’t serve life with no chance of parole or even twenty-seven to fifty-five years. Try seven years.

This is justice?

I posted it in its entirety due to its short length. Click on the title to read the original on the NY Daily News website.