Ex-judge defends actions

ALLENTOWN – He was called to testify about decisions he made in a $3.5 million defamation case, but former Judge Mark Ciavarella spent far more time Thursday defending himself against allegations lodged in his own corruption case.

Yes, Ciavarella testified, he committed a crime when he failed to report more than $2.6 million in payments he and former Judge Michael Conahan accepted from attorney Robert Powell and local developer Robert Mericle.

Yes, he admitted, he should have told juveniles who appeared before him and litigants in civil cases whose opponents were represented by Powell that he had a conflict of interest in hearing their cases.

And yes, Ciavarella said, he was a “corrupt judge” who made poor decisions that led to his ouster from office in disgrace.

But in his testimony and comments he made afterward, he adamantly denied he incarcerated juveniles to enrich himself or that he extorted Powell, calling the Butler Township attorney an “outright liar.”

His crimes were more the product of a misunderstanding, he insisted – a misunderstanding for which he is now about to “pay dearly,” he said.

The admissions and denials came during one hour and 15 minutes of testimony he gave before Lehigh County Judge William Platt, who is tasked with deciding whether The Citizens’ Voice newspaper should be granted a new trial. The state Supreme Court ordered the hearing based on allegations of impropriety in the 2006 non-jury trial before Ciavarella that resulted in the multimillion-dollar verdict for West Pittston businessman Thomas Joseph.

Ciavarella’s appearance at the hearing was a surprise given that other persons subpoenaed to testify, including Conahan, reputed mobster William D’Elia and former court administrator William Sharkey, all invoked their Fifth Amendment right against self incrimination.

Ciavarella was subpoenaed by Joseph’s attorney, George Croner. Questioned by Croner, Ciavarella repeatedly denied anyone influenced his rulings in the Joseph case or that he had anything to do with how the case was assigned to him.

The questioning took a decidedly more hostile tone when W. Thomas McGough, attorney for the Scranton Times LP, parent company of The Citizens’ Voice, began his cross examination.

McGough seized upon Ciavarella’s own criminal woes, asking pointed questions regarding the judge’s actions in the corruption case. A defiant Ciavarella was more than willing to reply.

“You were a corrupt judge when you heard the Joseph case, weren’t you?” McGough asked as he began his questioning.

That’s precisely why he decided to take the stand, even though he and Conahan are still awaiting sentencing for their guilty pleas to honest services fraud and tax evasion, he told reporters following his testimony.

“I didn’t do anything wrong,” Ciavarella said after the hearing. “I never had anyone influence me in the case, so I thought it was appropriate I do so.”

During the hearing, McGough repeatedly attacked Ciavarella’s credibility. He got the disgraced judge to admit he should have told juveniles who appeared before him that he had received hundreds of thousands of dollars from Powell, who at the time co-owned the PA Child Care and Western PA Child Care facilities utilized by the county, and Mericle, the contractor who built the facilities.

But Ciavarella repeatedly rebutted McGough’s characterizations of the payments as “bribes” or “kickbacks.” He also denied that the payments were related to his decision to lobby for the closure of the county-run juvenile detention center – a decision that paved the way for Powell.

Ciavarella testified he wanted the center closed because it was “an absolute dump.” He sought out several investors to build a new center, but Powell and his partner, Gregory Zappala, were the only people who had the backing for the project.

Ciavarella also denied he recommended Mericle as the contractor, saying he only advised Mericle of how to obtain a bid package. After Mericle got the contract, Mericle, who has not been accused of any wrongdoing, visited the judge’s office and said he was going to pay him a “finder’s fee” of 10 percent of the construction cost.

Ciavarella said he then contacted Conahan and told him he was going to give him half of that money because Conahan had helped to arrange the deal for the new juvenile center.

“He was the one who made it all possible. He got all the people in the room,” he testified.

Speaking after the hearing, Ciavarella said he did not believe he was committing a crime by accepting the money. He said he asked Mericle if it was legal, and Mericle assured him it was.

“He indicated to me it was something he did all the time. It was not like I said to him, ‘You do this or you’re not going to get this,’ ” Ciavarella said.

His mistake, he said, was in not reporting the payment on his statement of financial interest he filed with the state. That omission is partly the basis of the charge of honest services fraud filed against him.

Flanked by his attorneys, Al Flora Jr. and William Ruzzo, Ciavarella also took aim at Powell and federal prosecutors who have publicly accused the judge of engaging in scheme to send juveniles to Powell’s facilities for financial gain.

“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 a quid pro quo,” Ciavarella told reporters. “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 Wednesday 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 his facilities.

Ciavarella angrily rebutted Powell’s claims, telling reporters to look at the timeframe of the payments. Ciavarella said Powell had already secured a multimillion-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?”

The plea agreement Ciavarella and Conahan signed calls for them to each serve 87 months in prison. They remain free pending sentencing, which has not yet been scheduled.