Powell ‘victim’ of judges’ demands, lawyers say

Home // News // Hot Topics // Luzerne County Judges

February 12, 2009

TERRIE MORGAN BESECKER tmorgan@timesleader.com

Attorney Robert Powell “never offered to pay a single penny” to judges Mark Ciavarella and Michael Conahan and was instead a “victim of their demands for payment,” Powell’s attorneys said Wednesday.

Read more Luzerne County Judges articles

Related headlines

Richard Sprague of Philadelphia said Powell realizes he made a mistake in giving into the judges’ demands and for not immediately reporting them to authorities. He did so, Sprague said, because he was “particularly vulnerable to the pressures that these judges could bring to bear on him and his clients.”

“The record will show that, despite this, Powell not only refused the judges’ continued demands for additional payment, but ultimately reported the conduct to authorities,” Sprague said in a prepared statement that was also signed by attorneys Geoffrey Johnson and Mark Sheppard of Sprague’s office. The statement said the firm normally would not comment on the case. They decided to release the statement on behalf of Powell in order to refute what he says have been “inaccurate and sensationalist reporting” by the media that has unfairly maligned Powell.

In an interview with the Associated Press, Sheppard said Powell “never solicited a nickel from these judges and really was a victim of their demands.”

“These judges made it very plain to Mr. Powell that he was going to be required to pay certain monies,” Sheppard added.

Ciavarella and Conahan are scheduled to plead guilty today to federal charges of tax evasion and defrauding the public of their honest services in connection what the U.S. Attorney’s office said was a more than $2.6 million kickback scheme.

Prosecutors say the judges took the money from two people, whom were not identified, in exchange for favorable rulings related to the operation and construction of the PA Child Care and Western PA Child Care detention centers that were once owned by Powell. Authorities also contend Ciavarella, who served as juvenile court judge, benefited financially by ordering children be detained at the centers, even when probation officials did not recommend it.

Sprague confirmed that one of the unnamed persons is Powell. While acknowledging Powell made the payments, Sprague adamantly denies that Powell in any way encouraged Ciavarella to send more juveniles to his facility.

“It is grossly inaccurate to suggest that our client ever sought or had any influence in the sentencing of any juvenile offender,” Sprague said.

Powell owned PA Child Care, located in Pittston Township, and Western PA Child Care, located in Butler County, until June, when he sold the businesses to his partner, Gregory Zappala.

Neither Powell nor the other unnamed person, who has been indirectly identified as local developer Robert Mericle, has been charged with any crime. Prosecutors have said the case remains under investigation.

Reached Wednesday night, Al Flora, attorney for Ciavarella, declined to comment on the statement.

Sprague said Powell has fully cooperated with law enforcement, and that his assistance remains “integral” to the prosecution of the judges.

“That cooperation was undertaken at great risk to himself and with the full knowledge of the likely consequences,” Sprague said.

Sprague’s statement said he could not comment further on the case because Powell is continuing to cooperate with federal authorities.

“We are confident, however, that when all the facts come to light and our client’s role is fully understood, the rush to judgment by the press and some of the public will be viewed as regrettable.”

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached 570-829-7179.

Special Offer: $2.00/week Home Delivery

24 Reader Comments

Questions or comments? Here's how to reach us.

Join the discussion on our Facebook page

Adam said...

Powell is a sleezeball in bed with the crooks Conahan and Chivarella. When a PIG gets caught, he squeals the loudest! Listen to Powell squeal now!

February 12, 2009 at 3:22 AM

Not Fooled said...

He is a lawyer and lawyers are trained to argue both sides of any case. Does anyone actually believe that these "bribes" were looked for and not offered? Give me a break! Just look at the expense audit of the Western PA facility and it becomes obvious who the real culprit is in all of this.

February 12, 2009 at 4:57 AM

Jason said...

If you believe the above there’s a bridge in Brooklyn you might want to buy…or how about this tower in Pisa that leans a little? It appears from reading the ongoing accounts of this story, and the earlier stories about the cargo airport, that one of Mr. Powell’s problems, and he seems to have a lot of problems right now, is that he apparently believes that everyone in the world, except him, is stupid. It would seem to be the only explanation for this current "fairytale".

February 12, 2009 at 6:38 AM

SD said...

Oh please. At least try to save what little dignity you might have left, Mr. Powell. Take responsibility! The jig is up.

February 12, 2009 at 6:54 AM

Luzerne County Paralegal said...

Powell the "victim". This story doesn't belong in the news section, it belongs on the comics page. It is certainly the funniest story I read today.

February 12, 2009 at 7:53 AM

J said...

This guy is out of his mind. He is a liar and a cheat. If he so called wanted to not be involved he should have never been a part of the detention center.

February 12, 2009 at 8:11 AM

Larry said...

Isn't it a sad state of affairs when you can't tell who's the Felon, the Lawyer or the Judge!

February 12, 2009 at 8:47 AM

jan said...

Of course. And forks made Rosie O'Donnell fat. They forced her to eat. Lawyers, don't you just love them?

February 12, 2009 at 9:03 AM

steve said...

Bob Powell would sell his mother if the price was right. He also took west hazleton for a ride him and his buddys and we all know who they are .

February 12, 2009 at 9:20 AM

Not buying it! said...

Powell a victim? OMG! The greed, the arrogance, but he "feared" the judges! PLEASE! His lavish lifestyle is funded by the poor taxpayers of this county who struggle to simply pay their property taxes, while he owns million dollar condos, yachts, private jets, and on and on. The multi million dollar contracts were no longer good enough to support his lifestyle and he now moved on to multi billion dollar contracts, the cargo airport in Hazleton. Freeze all assets of this man, charge him, throw him in jail and return to the taxpayers what is rightfully theirs. Maybe if we get it all back, they can reduce our taxes?

February 12, 2009 at 9:21 AM

Mr. Spock said...

Fascinating. Perhaps the good Captain offered his services to the Pirates of Jupiter first. Then, we would logically have The Trouble with Tribbles scenerio. Computer, pull up the file on Ghingus Con and Ciav Mudd.

February 12, 2009 at 10:03 AM

Beez said...

This guy is SOOOOO gonna walk. Don't hate the playa...hate the game, cuz this guy is untouchable and he'll tell ya so if you ask him!

February 12, 2009 at 10:18 AM

WeRStatePen said...

Powell was a victim???HA HA HA!! That is the funniest thing I have ever read. He was forced to take kickbacks, forced to go to the Florida luxury condo, forced to by the Hazleton Ex Mayor a $2500 suit. Poor baby!

February 12, 2009 at 10:34 AM

Claire Wert said...

Yes, okay Atty. Powell is innocent. Thats why he was previously listed as John Doe when his taxes were late, right? I'm sure that someone made him do that as well. Give me a break. He is pond scum and needs to be prosecuted.

February 12, 2009 at 10:44 AM

Scott said...

If Bob Powell was/is a "Victim" - I am the Easter Bunny and trust me I don't hop. I HOPE this isn't part of the Deal in with the Feds. Bob turns songbird and in return he gets off AND gets to be a victim. HOW is someone a victim of two Judges that are obvious Pals? What a bunch of ....

February 12, 2009 at 10:59 AM

Tbone said...

SHAME on the feds if Powell is not charge with some serious charges regardless of his level of cooperation. As far as Powell claiming he was extorted, that implies they had something on him. He is a crook and needs to be disbarred. If you feel that is too harsh Mr Powell, then lets change topics to the $500K you took from the HUD loan for the facilities. I know lawyers bill at ungodly rates but come on. What exactly did you do to earn that money? Your as crooked as they are.

February 12, 2009 at 11:52 AM

mesostupid said...

Sheesh..Powell sounds like the "Man of the Year"...poor guy.

February 12, 2009 at 12:10 PM

Tax Payer said...

YEA RIGHT !!!!!!!!!!

February 12, 2009 at 1:26 PM

Concerned Citizen said...

Absolutely ridiculous. How stupid does Powell think we are? Obviously pretty stupid considering these comments by his attorney and his actions as it relates to this whole fiasco. He orchestrated the whole thing! You think the judges set this up? Absolutely not. Powell needs to be charges as well as dis-barred for bribing judges. Mericle needs to get charges too. You think these well to do citizens of our county are as filthy rich as they are for no other reason than hard work? They are all connected and dirty. Charge them all!

February 12, 2009 at 1:31 PM

John said...

Bobby Powell is a no good Tony Sopranio wanna be. He is nothing more than a rat. At the end of the day he sold out the only two friends he had. He has been steeling from the people for a long time. Someone should ask him about his private bar and what went on there. I'm sure his wife knows.

February 12, 2009 at 1:47 PM

Hardy har har said...

Participant 1 or 2?

February 12, 2009 at 3:47 PM

Reel Justice said...

It,s coming your way very shortly,Powell.Let.s see how big you are then.

February 12, 2009 at 6:24 PM

wil said...

What a crock!

February 12, 2009 at 9:17 PM

NANCIE said...

KEEPS GETTING BETTER, KEEP DIGGING,THE WELL ,WILL GET DEEPER' THANKS