Thursday, February 9, 2012
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By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
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SCRANTON – Former Luzerne County judges Michael Conahan and Mark Ciavarella and other persons implicated in the kids-for-cash scheme have been named as defendants in another federal class-action lawsuit filed on behalf of juveniles who allege they were wrongly incarcerated.
The suit, filed Wednesday by attorney Arnold Levin of Philadelphia, contains similar allegations to other suits, which generally contend that Ciavarella and Conahan conspired with attorney Robert Powell, who once co-owned the PA and Western PA Child Care juvenile detention centers, and others to wrongly incarcerate youths in order to benefit themselves financially.
It differs in that it alleges several former county officials, including former commissioners Greg Skrepenak and Todd Vonderheid and former chief manager Sam Guesto, played an active role in the alleged conspiracy.
The suit was filed on behalf of Angela Rimmer Belanger, Joseph Rimmer, and Kelly and Zane Farmer, all of Luzerne County. It alleges the defendants violated the civil rights of Zane Farmer and Joseph Rimmer, who were juveniles incarcerated by Ciavarella in 2004 and 2003, respectively.
The complaint joins four other lawsuits that are currently pending relating to the juvenile justice scandal. It names as defendants Skrepenak, Vonderheid and Guesto, along with Ciavarella, Conahan, former probation official Sandra Brulo and real estate developer Robert Mericle, who built the centers for Powell. Also named as defendants are Luzerne County, the county’s juvenile probation department, Mericle Construction, PA and Western PA Child Care and Mid-Atlantic Youth Services.
Conahan and Ciavarella were indicted by a grand jury in September on charges of bribery, extortion, wire fraud and numerous other offenses. Federal prosecutors say they improperly accepted more than $2.8 million from Powell and Mericle in exchange for judicial rulings that benefited the two centers.
The lawsuit alleges Guesto, Skrepenak and Vonderheid either participated in the alleged illegal activity of the ex-judges or, at the very least, knew something was improper but did nothing to address the situation.
Regarding Skrepenak and Vonderheid, the suit alleges the former commissioners aided the scheme in several ways, including their decision in 2004 to enter into a “sweetheart deal” to lease the PA Child Care Center for $58 million.
“This vote was held subsequent to Powell and Mericle agreeing to pay another $1 million to judges Conahan and Ciavarella to guarantee that children would continue to be sent to PA Child Care facilities,” the suit says.
Contacted Wednesday, Vonderheid, now president of the Greater Wilkes-Barre Chamber of Business and Industry, said he had not seen the suit but was confident he would be dismissed as a defendant. He declined further comment.
Peter Moses, attorney for Skrepenak, said he could not comment because he had not seen the suit.
The suit also takes aim at Guesto, alleging that he was “well aware” of the scheme to bribe Conahan and Ciavarella given that he oversaw the “exorbitant” payments to PA Child Care. The complaint further alleges he repeatedly stonewalled any investigation into the county’s contract with the facility.
The suit notes several other controversial issues that have involved Guesto, including the debit card scandal from 2004, and alleges he is currently under investigation by the U.S. government for allegedly participating in a “culture of corruption and bribery.”
Guesto could not be reached for comment.
In an e-mail response, Guesto’s attorney, William Shehwen, said as far as his client is concerned, the suit is "more a fishing expedition than a meritorious legal action."
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