Luzerne County Judges

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter   |   Terrie Morgan-Besecker on Facebook   |   @TLTerrieMorgan on Twitter

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

• Attorney: Arbitration awards led to investigation
• Limos, new suit part of $2.26M juvie costs eyed
• Judge picked to review Ciavarella juvenile cases
• Feds seek to notify victims

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.