Luzerne County Judges

March 24, 2010

Non-judicial juvie case defendants: Toss suits

Reps for Mericle, others argue evidence refutes roles in alleged scheme to jail juvies.

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
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SCRANTON – Attorneys for real estate developer Robert Mericle and other non-judicial defendants in the “kids-for-cash” lawsuits have asked a judge to dismiss the complaints, arguing there is insufficient evidence to show that any of them participated in the alleged scheme to falsely imprison juveniles.

In a series of motions filed Monday, Mericle and eight other defendants allege the plaintiffs have blindly included them in the lawsuits, citing general allegations of a conspiracy that have no basis in fact.

“The complaints, through general and conclusory allegations, attempt to depict a tainted environment in which all are guilty, without regard to each individual defendant’s actual conduct or state of mind,” attorney Joseph B.G. Fay, one of Mericle’s attorneys, says in a motion that seeks to dismiss the complaints. “That is not enough.”

Similar allegations are contained in separate motions filed by attorneys for Cindy Ciavarella, Barbara Conahan, attorney Robert Powell, the PA Child Care and Western PA Child Care juvenile detention centers, Mid Atlantic Youth Services, Perseus House, and Vision Holdings.

They along with former judges Mark Ciavarella and Michael Conahan remain as defendants in two federal complaints filed on behalf of hundreds of juveniles who allege they were wrongly incarcerated as part of a wide-ranging conspiracy between the two judges and others to enrich themselves financially.

The former jurists are awaiting trial on multiple federal charges, including racketeering, bribery, extortion and mail fraud, in connection with judicial rulings they made that benefited Powell, who once co-owned the juvenile detention centers; and Mericle, who built the facilities.

The civil suits allege, in part, that the former judges conspired to violate juveniles’ rights to ensure high occupancy rates at the two juvenile facilities. Attorneys for the non-judicial defendants claim the complaints are woefully lacking in evidence to support allegations they took part in that conspiracy.

Motions filed on behalf of Cindy Ciavarella and Barbara Conahan, the wives of the judges, say the civil suits only allege they were connected to a corporation that was allegedly used by the judges to conceal the source of $2.8 million that was paid to them by Powell and Mericle. Powell and Mericle have each pleaded guilty to charges related to those payments.

“Quite simply, not only do the complaints fail to contain credible allegations of wrongdoing ... they do not even allege wrongdoing” by the judges’ wives, according to a motion filed by their attorney, Stephen Rhoades.

The motion filed on behalf of Mericle says his sole role was in building the centers. It notes the U.S. Attorney’s Office has specifically stated that Mericle had no knowledge of the alleged conspiracy between Ciavarella and Conahan to ensure placement rates at the facilities remained high.

Prosecutors have made similar statements regarding Powell’s involvement, his attorney, Mark Sheppard, notes in his motion to dismiss.

Powell has admitted he paid more than $700,000 to the judges, but maintains he was extorted to do so out of fear Ciavarella, who served as juvenile judge, would stop placing juveniles at Powell’s detention centers.

“Neither the elements of the crime with which Powell was charged, nor the admissions he made during his (guilty plea), support a conclusion that Powell knew, condoned or intended the constitutional violations that are alleged by plaintiffs,” says the motion.

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