Luzerne County Judges

November 14, 2009

DA will retry 50 juvenile cases

Only juveniles who were sentenced by former judge Mark Ciavarella are eligible.

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
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WILKES-BARRE – Luzerne County District Attorney Jacqueline Musto Carroll said Friday she expects her office will seek to retry approximately 50 of the 106 juveniles whose cases were eligible for retrial under the state Supreme Court ruling that vacated the convictions of all youths who appeared before former judge Mark Ciavarella from 2003 to 2008.

Musto Carroll said her office has been reviewing the cases since the Supreme Court issued its ruling on Oct. 29. She said she’s considering numerous factors in deciding whether to retry a case, including whether the evidence is still available and whether the victims of the crime wish to pursue the matter.

“We’re looking at the seriousness of the crime and where the juvenile is in the system. Other issues were looking at include, is the juvenile in need or drug and alcohol counselor or if there are mental health issues,” she said.

The Supreme Court vacated the convictions of an estimated 6,500 juveniles who appeared before Ciavarella after determining the former jurist had violated the juveniles’ right to due process.

The court’s ruling also barred Musto Carroll from retrying the vast majority of cases. Only juveniles who were sentenced by Ciavarella and remained in treatment or who owed fines or restitution were eligible for retrial. The Juvenile Probation Department identified a total of 106 cases that fit those requirements.

Musto Carroll was directed to provide a list of the cases she wishes to retry to Berks County Senior Judge Arthur Grim by Nov. 28. Grim, the special master appointed to review Ciavarella’s cases, will then make a determination on each individual case.

Musto Carroll said she anticipates some juveniles will challenge their retrial based on double jeopardy – a provision within the Constitution that bars a defendant from being tried twice for the same crime. Each of those cases will be handled individually, she said.

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 57-829-7179.

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