The Ciavarella trial: 10 years later

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Bob Kalinowski, The Citizens' Voice, Wilkes-Barre, Pa.
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Feb. 18—Attorney Al Flora Jr. stood outside a federal courthouse in Scranton 10 years ago and declared victory on behalf of former Luzerne County Judge Mark A. Ciavarella Jr. after a jury acquitted him of 27 of 39 charges.

The veteran lawyer insisted the jury validated the defense's claims the case was never about "cash for kids."

But, a decade later, Flora concedes the kids-for-cash label damaged Ciavarella in the court of public opinion and proved to be a major obstacle to overcome at trial.

Truly, he said the defense knew anything but a total acquittal would be a major blow to Ciavarella and assure a lengthy federal prison sentence for the former judge. Flora said his victory declaration — despite Ciavarella's conviction on 12 charges, including racketeering — was done mainly to appease the former judge, who adamantly wanted to take his case to trial to fight the kids-for-cash theory, which he vehemently denies to this day.

"What we were trying to do was satisfy our client and convey to the public that Mark was never convicted of putting kids in jail for cash," Flora said.

But Flora's impromptu news conference was cut short by an enraged mother whose son, sentenced years earlier by Ciavarella in juvenile court, had killed himself. She blamed the incarceration for his downward spiral and death.

The video and images of Sandy Fonzo shouting at Ciavarella played out in media around the nation and world. Sometimes, they still do.

"When the pictures pop up in the papers and news, it takes you back to that day. Every time something comes up with him, it will catch me off guard," Fonzo said recently. "I can't watch that. I don't listen to it. It was a very raw and deep moment."

Ciavarella and another former judge, Michael Conahan, were accused of accepting $2.8 million while funneling juvenile defendants to for-profit detention centers built by wealthy developer Robert K. Mericle's construction firm and operated by companies controlled by former local attorney Robert Powell.

Ten years since verdict day, Ciavarella, 70, remains jailed in federal prison in Kentucky, serving a 28-year prison sentence. He was recently denied his "compassionate release" request due to the COVID-19 pandemic.

Conahan, 68, who pleaded guilty to a racketeering conspiracy charge, was sentenced to 17 1/2 years in federal prison, but was granted compassionate release in June to home confinement due to the pandemic. He's now living in a waterfront gated community in Delray Beach, Florida.

Powell, 61, was disbarred and served 18 months in federal prison for failing to report a federal felony and being an accessory after the fact to a tax conspiracy involving the judges. He now lives in a multimillion-dollar house in a country club golf community in Palm Beach Gardens, Florida.

Mericle, 57, who pleaded guilty to failure to report a federal felony, served a year in prison and continues to run his commercial real estate and construction company.

Federal prosecutors say justice was served in the case.

"This case represented a monumental breach of the public trust by the judges who were rightfully convicted of serious federal offenses related to a violation of their oath of office. While the harm resulting from their misbehavior can never be fully undone, hopefully their lengthy sentences will deter others from engaging in similar conduct in the future," acting U.S. Attorney Bruce D. Brandler said in a statement.

Fonzo said she gets frustrated by Ciavarella's seemingly endless appeals, which bring the case back into the news cycle frequently.

"It's hard for everybody in this valley who has been trying to move on with life. It's hard to move on and find peace when every other month he's in the paper," Fonzo said. "The best thing for everybody would be if he could just go away."

The juvenile detention centers at the heart of the scandal, PA Child Care in Pittston Twp. and Western PA Child Care in Butler County closed in November. After the scandal came to light, Powell transferred his interests to business partner Gregory Zappala, who was never accused of any wrongdoing.

Zappala, identifying himself as president of the parent company of the facilities, Mid-Atlantic Youth Services, notified the state Department of Human Services in a letter last year that both facilities would close and then the buildings would be sold.

Flora said it was clear the detention centers were cash cows years ago, but he's unsure about their profitability in recent years due to reforms in the state juvenile justice system that significantly reduced the number of placements.

He said the "money trail" of disguised payments to Ciavarella and Conahan was "complex" and difficult to defend, but maintained Ciavarella never had a quid pro quo to jail juveniles for money.

"The trial didn't center around that or you would have had kids come in and testify. There's reasons for that. I know the reasons. We talked behind the scenes. Maybe one day it will come out," Flora said. "But we had to deal with that 'kids-for-cash' moniker. It was a hard moniker to get around."

Contact the writer:

bkalinowski@citizensvoice.com

570-821-2055; @cvbobkal

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