A former juvenile court judge in Pennsylvania could face more than 10 years in prison after being convicted in what prosecutors called a "kids for cash" scheme.
Prosecutors say former Luzerne County Judge Mark Ciavarella used children as pawns, locking them up unjustly in a plot to get rich. Ciavarella is accused of taking nearly $1 million in kickbacks from owners of private detention centers in exchange for placing juvenile defendants at their facilities, often for minor crimes. Ciavarella claims that the payment he received from a developer of the PA Child Care facility was legal and denies that he ever incarcerated kids for money.
"Absolutely never took a dime to send a kid anywhere," said Ciavarella.
Ciavarella, 61, was found guilty of 12 out of 39 charges on Friday, including racketeering, money laundering and conspiracy, in connection with the nearly $1 million payment from Robert Mericle, the developer of the PA Child Care center. He plans to appeal. Ciavarella was acquitted on charges of bribery and extortion in relation to additional payments from the center's builder and owner.
Families complain of Ciavarella's rapid-fire brand of justice and trials that lasted only minutes with even first-time offenders sent to detention centers.
In one reported case, Ciavarella sentenced a child to two years for joyriding in his mom's car. In another, he sentenced a college-bound high school girl to three months in juvenile detention for creating a website that made fun of her assistant principal. Some of the kids he ordered locked up were as young as 10.
"The numbers of children going into placement in Luzerne County tended to be two to three times higher than in other counties," said Marsha Levick, deputy director of the Juvenile Law Center in Philadelphia.
In October 2009, the Pennsylvania Supreme Court dismissed 4,000 juvenile delinquency cases Ciavarella handled from Jan. 1, 2003 to May 31, 2008. The court said that it "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," and called Ciavarella's actions a "travesty of juvenile justice."
Though most of the affected youth have already served their time, many parents were outraged by Ciavarella's sentence, including Sandy Fonzo, who could not contain her anger.
Fonzo's son Edward Kenzakoski was sentenced by Ciavarella to juvenile detention in 2003 for possession of drug paraphernalia. Fonzo said her 17-year-old son had no prior record when he landed in Ciavarella's courtroom. She claims Kenzakoski never recovered from the months he served behind bars and years later, at 23, he killed himself.
"Do you remember me? Do you remember me? Do you remember my son? He was an all-star wrestler and he's gone," Fonzo screamed to Ciavarella as he exited the courthouse Friday.
Ciavarella remains free until sentencing. Fonzo said she expected to see Ciavarella carted off in handcuffs as the former judge often did to juveniles he sentenced.
Ciavarella is expected to get a minimum prison sentence of 12 years behind bars, according to prosecutors. To Fonzo, that is not justice.