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July 2, 2009

Update: Defiant Ciavarella denies he took "bribes" in corruption case

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Ciavarella

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Update:

ALLENTOWN - Former Luzerne County judge Mark Ciavarella said he agreed to testify at a hearing regarding whether a defamation verdict he entered in favor of Thomas Joseph should be overturned because he wanted to set the record state that he did nothing wrong in the case.

 “I didn’t do anything wrong. I never had anyone influence me in the case, so I thought it was appropriate I do so,” a defiant Ciavarella said in a brief interview following his testimony.
 
The disgraced judge is awaiting sentencing on charges he and former judge Michael Conahan accepted more than $2.6 million in kickbacks from attorney Robert Powell and local developer Robert Mericle in exchange for rulings that benefitted two juvenile centers Powell once co-owned.
 
His testimony was a surprise given that other persons subpoenaed to testify in the Joseph case, including Conahan, reputed mobster William D’Elia and former court administrator William Sharkey all invoked their Fifth Amendment Right against self incrimination.
 
Questioned by Joseph’s attorney, George Croner, Ciavarella denied anyone had influenced decisions he made during Joseph’s non-jury trial against the Citizens’ Voice newspaper that was held before him in 2006.
 
Most of his testimony focused on refuting allegations that have been lodged against him in the corruption scandal. He adamantly denied that he accepted “bribes” or “kickbacks” from Powell or Mericle, and blasted Powell as an “outright liar” regarding allegations that Ciavarella extorted him.
 
He also denied that he ever incarcerated children at Powell’s juvenile centers in order to enrich himself.
 
“I pleaded guilty to honest services fraud and tax charges. I never pleaded guilty to ‘cash for kids,’ I never pleaded guilty to extortion, I never pleaded guilty to taking bribes or quid pro quo,” Ciavarella told reporters outside the courtroom. “I told the government I was not going to plead guilty to any of those charges. If they wanted to they could arrest me and we’d go to trial.”
 
Powell pleaded guilty yesterday to being an accessory after the fact to tax evasion and failing to report a felony for his role in the corruption case. He claims Ciavarella and Conahan extorted him into paying more than $700,000 in kickbacks as payment for the judges’ roles in closing the county’s juvenile center and for placing children at the Pa Child Care and Western Pa Child Care centers he formerly co-owned. Federal prosecutors say Mericle, who has not been charged, paid the judges $2 million.
 
Ciavarella angrily refuted Powell's extoration claims, telling reporters to look at the time frame of the payments. Ciavarella said Powell had already secured a multi-million dollar lease that guaranteed payment, no matter how many children were placed at the centers.
 
“It didn’t matter if I sent 100 kids there or no kids there. He was getting paid,” Ciavarella said. “What clout did I have to extort money from him?”
 
Ciavarella was one of three witnesses to testify at the hearing, which is being held before specially appointed judge William Platt in Lehigh County Court. The State Supreme Court ordered the hearing after attorneys for the Scranton Times, parent company of the Citizens’ Voice, uncovered evidence that indicated the case had been improperly steered to Ciavarella.
 
In other developments Thursday, the newspaper’s attorneys read into the record a transcript of testimony of Ann Burns, deputy commissioner of civil trials for the county.  
 
Burns was the person who placed a handwritten note in a court database denoting that the case had been assigned to Ciavarella as per a directive of Conahan and Sharkey. The assignment was made even though former Judge Ann Lokuta was the jurist who was assigned to hear non-jury trials that month.
 
In her statement, Burns acknowledged that the assignment was “out of the ordinary,” and that she wrote the note because she “wanted to be protected myself.”
 
Testimony is expected to conclude this afternoon. Platt will then have 30 days to issue a recommendation to the State Supreme Court, which will decide whether a new trial is granted.
 
 
 
 
 

 

 

 

 

 

 

Updated: 11:50 a.m.

In a surprise development, former Judge Mark Ciavarella took the stand this morning to testify at a hearing that will determine if a $3.5 million verdict he entered in the Thomas Joseph defamation case should be overturned.

Ciavarella, who was subpoenaed by Joseph’s attorney, emphatically denied his rulings in the case were influenced by anyone.

The bulk of his testimony, however, focused on the corruption charges that were filed against him and former Judge Michael Conahan.

Ciavarella acknowledged that he committed a crime in accepting money from Attorney Robert Powell and developer Robert Mericle, but insisted he did not realize that at the time he took the funds. Ciavarella said he believed the money he got from Mericle, who built the two juvenile centers at the center of the corruption scheme, was a “finder’s fee.” Ciavarella said he had asked Mericle whether the payment was legal and Mericle assured him that it was.

Ciavarella also took aim at Powell calling him “an outright liar” regarding Powell’s allegations that Ciavarella extorted money from him.

Testimony in the case is scheduled to resume at 1:30 p.m.

Posted at 11:21 a.m.

ALLENTOWN – Former Luzerne County judge Mark Ciavarella is currently testifying at a hearing that will determine whether a $3.5 million defamation verdict awarded to Thomas Joseph against The Citizens’ Voice newspaper should be overturned.

It’s the second day of testimony in the case, where on Wednesday, two waitresses testified that reputed mobster Billy D’Elia and former judge Michael Conahan ate at the Perkins Restaurant and Bakery regularly.

The waitresses, Gillian Davies and Becky Joseph, were among five witnesses the newspaper called Wednesday at the hearing.

The state Supreme Court ordered the hearing, which is being heard in Lehigh County Court by specially appointed Judge William Platt, after attorneys for the newspaper said they uncovered evidence that Conahan had improperly steered the case to Ciavarella.

Davies’ and Joseph’s testimony was important because it corroborated claims of area businessman Robert Kulick, who alleges

Conahan and D’Elia met regularly at the restaurant to discuss “fixing” numerous cases in county court, including the Joseph case.

The newspaper’s attorneys had hoped to call Conahan, D’Elia and former county court administrator William Sharkey as witnesses, but each invoked their Fifth Amendment right against self incrimination.

That left Kulick as the newspaper’s key witness. He spent two hours on the stand, detailing his relationship with Conahan and D’Elia.

Kulick, 60, of Bear Creek Township, said he and D’Elia knew each other for most of their lives. D’Elia was also good friends with Conahan and Joseph, he said.

Kulick said D’Elia so trusted him that D’Elia told him of a conversation he had with Conahan about the Joseph case. Conahan had assured D’Elia that there would be a “positive outcome” for Joseph in his trial, Kulick said.

Testimony is continuing.
 






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Thursday July 02, 2009, 11:21:46 EDT


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