Third Circuit Addresses Appeal of Former Luzerne County Judge Mark A. Ciavarella, Jr.

According to a May 24, 2013 article entitled "Third Circuit Keeps Ciavarella Behind Bars" in The Legal Intelligencer by Saranac Hale Spencer, former Luzerne County Court of Common Pleas Judge Mark A. Ciavarella Jr.’s appeal of his 28-year sentence for his involvement in the “kids-for-cash” scandal has been almost entirely rejected by the U.S. Court of Appeals for the Third Circuit.

 

That Court of Appeals found no merit to his challenges other than his argument that one count of honest services mail fraud should have been time-barred. The court vacated that conviction. However, the vacation of that portion of the conviction will have no effect on the amount of time Ciavarella will serve. Rather, it only serves to reduce the amount that he will pay as part of a special assessment.

 

Argument Held On Ciavarella Appeal

According to local news reports, former Luzerne County Judge Ciavarella's appeal came before the Third Circuit Court of Appeals recently in oral argument.  Here is link to a November 15, 2012 newspaper report out of the Scranton Times-Tribune:

http://thetimes-tribune.com/news/ciavarella-trial-judge-in-bribery-case-biased-1.1403379

Conahan and Toole No Longer Have Law Licenses

Here is a link to a November 15, 2011 article in the Times Leader confirming that former Judge Michael Toole's law license has been suspended and that former Judge Michael Conahan relinquished his law license.  Former Judge Mark Ciavarella is officially listed as retired:

http://www.timesleader.com/news/Pennsylvania_top_court_suspends_Toole_rsquo_s_license_11-15-2011.html


Meanwhile other local reports indicate that former Judge Conahan has been moved from the Philadelphia Detention Center where he has been housed since his sentencing.  According to the Federal Bureau of Prison, Conahan is listed as "in transit."  It is anticipated that future news reports will reveal where he has been transferred to in order to serve out his sentence.

Powell Gets 18 Months at Sentencing

Here is a link to a November 5, 2011 article from the Times Leader by Terrie Morgan-Besecker outlining the sentence handed down by Federal Middle District Court Judge Edwin Kosik on November 4, 2011 to former attorney Robert Powell for his guilty plea conviction for his role in the Luzerne County matters:

http://www.timesleader.com/news/It_rsquo_s_18_months_for_Powell_11-05-2011.html?searchterm=Powell

Powell, 53, was sentenced to 18 months in prison and fined $60,000.  He was ordered to present himself to prison at the end of this month to begin his sentence.


Here is a link to the letter Powell wrote to Judge Kosik prior to sentencing:

http://www.timesleader.com/news/Powell_rsquo_s_letter_to_the_judge_11-05-2011.html?searchterm=Powell

Former Luzerne County Judge Michael T. Conahan Sentenced to 17.5 Years in Prison

On Friday, September 23, 2011, former Luzerne County President Judge Michael T. Conahan, 59, was sentenced by Federal Middle District Court Judge Edwin M. Kosik to 210 months, or 17.5 years,  in federal prison for his part in the Luzerne County judicial scandal.  Conahan pled guilty to his crimes and received a sentence of almost 10 years less than co-Defendant, former Luzerne County Judge Mark A. Ciavarella.
 
Kosik additionally ordered Conahan to pay more than $874,000 in restitution, along with other fines. Judge Kosik also recommended that Conahan be sent to a prison in Delray Beach, Florida "not for convenience" but so that his family can be in close proximity
 
Before the sentence was handed down, Conahan sat as he read a prepared statement accepting responsibility for his actions and apologizing to all of those he harmed.  He told the court, "...the system was not corrupt.  I was corrupt."
 
Here's a link to a September 23, 2011 article from the Times Leader on Conahan's sentencing:  http://www.timesleader.com/news/Conahan-sentenced-to-.html
 
 

Update on Luzerne County Matters

Former Luzerne County Judge Mark Ciavarella has been transferred and settled into a medium security federal prison in Illinois.  Here's a link to an article on that topic by Terrie Morgan-Besecker in the September 14, 2011 Times Leader: 

http://www.timesleader.com/news/Ciavarella_moved_to_Illinois_prison_09-14-2011.html?searchterm=Ciavarella


Former Luzerne County Judge Michael Toole is being housed in a minimum security prison in Minnesota.  Here is a link to a May of 2011 Citizen's Voice article on that topic:

http://citizensvoice.com/news/former-judge-michael-t-toole-reports-to-minnesota-federal-prison-1.1140761#axzz1Y7Q0BJ5F


Former Judge Michael Conahan is scheduled to be sentenced next Friday, September 23, 2011.  No sentencing date for former attorney Robert Powell has been scheduled yet.

Former Luzerne County Judge Mark Ciavarella Transferred to Oklahoma Federal Prison

According to a September 8, 2011 article by Dave Janoski in Scranton's Times Tribune, former Luzerne County Judge Mark Ciavarella has been moved from a Philadelphia detention center to a federal prison transfer center in Oklahoma City, Oklahoma.  The article notes that he will be transferred from that center to another federal prison at some point.  Ciavarella was sentenced last month to 28 years in prison.

Here's a link to the Times Tribune article:  http://thetimes-tribune.com/news/ciavarella-in-oklahoma-transfer-center-pending-prison-placement-1.1199650#axzz1XN2xe3CK

Former Judge Ciavarella Sentenced to 28 Years in Prison

This morning Federal Middle District Court Judge Edwin M. Kosik handed down the sentence against former Luzerne County Judge Mark A. Ciavarella sending him to prison for 28 years (336 months).  Ciavarella is 61 years old.  Judge Kosik also immediately remanded Ciavarella to prision as opposed to allowing him to go free on bail to put his affairs in order.

Currently, there are still no sentencing dates scheduled yet for other figures associated with this matter, including former Judge Michael Conahan and attorney Robert Powell.

Sentencing Hearing Set for Ciavarella

According to a July 21, 2011 article by the Associated Press, a sentencing hearing has been set to take place on August 11, 2011 for former Luzerne County Judge Mark Ciavarella.

Judge Kosik of Federal Middle District Denies Ciavarella's Request for New Trial

Here's a link to a May 27, 2011 article by Terrie Morgan-Besecker from The Times Leader reporting on Judge Kosik's denial of former Luzerne County Judge Mark Ciavarella's request for a new trial.  This ruling now clears the way for a sentencing hearing which remains to be scheduled:

http://www.timesleader.com/news/Judge-denies-former-judge-Mark-Ciavarellas-motion-for-new-trial.html

More Articles on Ciavarella Trial - What's next?

Here are some articles on the Ciavarella trial from today's Scranton's Times-Tribune by Dave Janoski:

More to the story?: http://thetimes-tribune.com/news/whole-truth-left-untold-at-trial-1.1107780


More fallout: http://thetimes-tribune.com/news/one-down-more-to-go-in-corruption-probe-1.1107783#axzz1Eawauxea

More Articles on the Results of the Ciavarella Trial

Here are some more articles on the Ciavarella trial from the local newspapers on Saturday:


An overview: http://thetimes-tribune.com/news/defense-prosecution-declare-victory-in-ciavarella-conviction-1.1107461#axzz1ER14aKME


Candid commentary from a juror: http://thetimes-tribune.com/news/juror-more-to-case-than-meets-the-eye-1.1107460#axzz1ER1jAASk

A mother's reaction: http://citizensvoice.com/news/furious-mother-confronts-ciavarella-following-verdict-1.1107333#axzz1ER3hcKXW


How it all began: http://thetimes-tribune.com/news/prosecutor-d-elia-s-downfall-kickstarted-kids-for-cash-probe-1.1107444#axzz1ER0WpAUu


Local lawyers weigh in: http://thetimes-tribune.com/news/legal-profession-reacts-to-ciavarella-verdict-1.1107387#axzz1ER1jAASk


Former Judge Ann Lokuta weighs in: http://thetimes-tribune.com/news/courts/luzerne-county-officials-weigh-in-on-ciavarella-conviction-1.1107443#axzz1ER1jAASk

Ciavarella Guilty on 12 of 39 Counts

Here's the link to a February 18, 2011 Scranton Times-Tribune articles on the jury verdict and other issues from the Ciavarella trial:

http://thetimes-tribune.com/news/ciavarella-guilty-on-12-of-39-charges-1.1107069#axzz1ENhft2Nd

http://thetimes-tribune.com/news/prosecutor-ciavarella-probe-stemmed-from-d-elia-investigation-1.1107128#axzz1ENiKJdKF


The Times Leader reported in an article by Terrie Morgan-Besecker that an appeal is being considered:

http://www.timesleader.com/news/Grounds_for_an_appeal__02-18-2011.html

Ciavarella Jury Breaks for the Day (Thursday) Without Verdict; Deliberations to Continue Friday (2/18/11)

Here's a link to a late Thursday news story from the Scranton Times-Tribune updating the Ciavarella Trial:

http://thetimes-tribune.com/ciavarella-trial-jury-deliberations-to-continue-friday-1.1106439


Here's a link to a story from this morning's Scranton Times-Tribune outlining how the participants killed the day yesterday waiting for the jury to come back:

http://thetimes-tribune.com/news/ciavarella-awaits-a-verdict-1.1106929#axzz1EJiHP73i

Ciavarella Jury Gets the Case But Then Is Excused for the Day (on Wednesday)

On Wednesday, February 16, 2011, the jury in the Ciavarella trial took the case into the deliberations room but was then excused for the day shortly thereafter. Jury deliberations will continue on Thursday, February 17, 2011.

Here's a link to a Times-Tribune article outlining the events at trial on Wednesday:

http://thetimes-tribune.com/trial-update-no-verdict-jury-heads-home-for-day-1.1105820#axzz1E8YWyxJv

Ciavarella Testifies

Here's a link to a February 15, 2011 article by Michael R. Sisak of Scranton's Times-Tribune outlining former Judge Ciavarella's testimony at trial:

http://thetimes-tribune.com/news/ciavarella-admits-tax-fraud-conspiracy-1.1105303#axzz1E3thWb6J



Here's an article with more detail on Ciavarella's testimony from the Times-Tribune:

http://thetimes-tribune.com/trial-update-ciavarella-wanted-to-avoid-scrutiny-and-publicity-1.1105219#axzz1E4960X17

Ciavarella Trial Continues...

Here's a link to the Times Leader's posting of Monday's developments at the Ciavarella Trial. According to the news stories the defense anticipates wrapping its case up today (Tuesday). It is also anticipated that Ciavarella will take the stand in his own defense.

Here's the link: http://www.timesleader.com/news/Judges-former-accountant-testifies-to-income.html

Here's an additional article by Terri Morgan-Besecker from today's Times Leader regarding Judge Kosik's refusal to dismiss some charges after the close of the prosecution's case:

http://www.timesleader.com/news/Judge_denies_motion_to_dismiss_charges_02-14-2011.html

Atty Robert Powell Concludes Testimony At Ciavarella Trial; Prosecution Not Likely to Call Former Judge Conahan

Here's are articles from today's Scranton Times-Tribune and/or Wilkes-Barre's Times Leader by Dave Janoski and/or Michael R. Sisak outlining the remainder of Attorney Robert Powell's testimony and regarding Powell's current status:

http://thetimes-tribune.com/news/powell-says-judges-relentlessly-pursued-him-1.1103478


http://thetimes-tribune.com/news/mired-in-debt-powell-no-longer-a-lawyer-or-wealthy-1.1103331#axzz1Df3eY3Rg


Here's an article from the Times Leader by Michael R. Sisak reporting that the prosecution is apparently electing not to call former Judge Michael Conahan as a witness at the trial:

http://citizensvoice.com/news/conahan-considered-liability-for-prosecution-1.1103280#axzz1Df4Ypi1Q

Atty. Robert Powell Testifies at Ciavarella's Trial

Here are the local news reports from the February 10, 2011 Times Leader by Terrie Morgan-Besecker on the Ciavarella trial outlining the testimony of Attorney Robert Powell and developer Robert Mericle:

http://www.timesleader.com/news/Powell__Ex-jurists_demanded_cash_02-09-2011.html


http://www.timesleader.com/news/_lsquo_Wired_rsquo__note_wake-up_call_for_Mericle_02-09-2011.html


According to an article by reporter Michael Sisak, the Luzerne County Court of Common Pleas will conduct an investigation regarding the actions by other courthouse employees that have been identified during the course of the Ciavarella trial:

http://citizensvoice.com/news/court-will-investigate-employees-ties-to-ex-judges-payoffs-1.1102649#axzz1DZ0XwmKg

News Reports from First Day of Ciavarella Trial

Here are links to articles in today's Times Leader out of Wilkes-Barre by reporter Terrie Morgan-Besecker and Mark Guydish.

It appears that the case against former Luzerne County Judge Mark Ciavarella comes down to whether the jury believes the cash payments Ciavarella received amounted to "kickbacks" as alleged by the prosecution or a "finder's fee" as alleged by the defense.

Here are the links:

http://www.timesleader.com/news/Case_foundations_laid_out_02-09-2011.html


http://www.timesleader.com/news/Ex-commissioner_testifies_02-09-2011.html


The testimony continues today. I also thank Matt Keris, Esquire of the Moosic, PA office of Marshall, Dennehey, Warner, Coleman & Goggin for the tip that a reporter for the Citizen’s Voice is providing constant updates via Twitter at http://twitter.com/cvmikesisak if you would like to follow, or get periodic updates during the day.