Coming clean about the bullshit

With all of the crap being spread about this murder case and Luzerne County and the shake up in the court system I think that it is time for me to come clean on a few issues. OK lets see where should I start. Well lets start with the instant message deal. It would appear that PC got a little miffed about something that I said on a blog and he decided to try and make it look like I threatened him. When the truth is it was Renee Martin who was making the threats. I was just conveying them to him via an instant message. PC initiated that instant message conversation with me. It was about Joe and Harlow getting their house back, PC instant messaged me about it and I asked him not to post it because the judge had not signed off on it yet. I just so happened that I was on the phone with Renee Martin at the time. Coincidence or what? I told her about what he was going to do and she got "pissed". What I did not know the time was that PC and Renee had planned that all along.

Yes it is true. I found out that Renee was playing me and that PC and her were working together all along. Now it is also true that she was the one who initiated the three-way phone calls between Joe and Harlow and me. I never asked her to do that. She is also the one who made first contact with me. She is also the one who told me that I was going to be called as a witness because of the three-way phone calls. She even told me to contact a police detective Steven Polishan with regards to the phone calls. Jimmy, Renee’s husband got mad at her and he spilled the beans about it to me. He also called the police and told them about what Renee was doing with regards to Joe and Harlow. Then Renee was *arrested and a bail bond was placed on her for $50,000.00 to make sure that she appeared in Luzerne County for this case. That is why Renee was arrested and is out on bond with regards to this murder case. Now I never said anything about it because I really thought I should just back away from the mess.

page 15 and 16 of docket sheet.
There were also those who were claiming that Harlow was going to take a plea deal early on in this whole mess. BB posted about it and several people tried to get me to go along with that as well. Harlow said that there was no plea deal so I believed him. And I never posted that there was one. As a matter of fact I said that Harlow denied there was a deal. I never went out of my way to contact anyone regarding this case. I was getting emails from several people all claiming to have information on the case. It was all just getting a little crazy if you ask me. There were several people telling me all of these contradictory stories about this case and none of it made any sense. After weeding through the bullshit I decided to stop posting about the case. What is strange is that I am still getting shit for it after I said fuck it.

I was accused of being off my rocker for saying that the Feds were investigating the Luzerne County courts and guess what bitches?

I was accused of being crazy for saying that Bryan Kocis was under investigation and guess what bitches?

I also said that Lee Bergeron was a dirty dealing back stabber and guess what bitches?

I also said that Joe and Harlow were being investigated for prostitution and guess what?

But I am the crazy one and I have been discredited for my black helicopter theories. Get real I was telling you what I knew and I guess that since it has been proven to be fact I am still considered crazy and discredited. I was being lied to by some to protect their own selfish interests. Now as far as Joe and Harlow killing Bryan I will let the courts deal with that. But as far as what I was told by several people who wanted me to post their lies on my blog well that is a different story.

I was told by a certain British barrister that Sean Lockhart was not under age when he worked for Bryan and that he checked the social security number and had proof of such. But guess what he was wrong. Sean is in fact 22 years old as of 10/31/2008 so he was in fact underage when he worked for Cobra Video. Bryan’s attorney Al Flora knew this and that is why he did not take the civil case. Sean Macias knew this as well but he was a shady lawyer and he just wanted to make the money off of that fool Bryan Kocis. Bryan Kocis is dead and he can no longer defend himself against all of the allegations made against him. That is really too bad because I wish he was alive because he would be going to jail along with Robert Wagner for the crimes that they both committed.

Robert Wagner was just as culpable in the ID fraud as Bryan because he to knew that Sean was under age when he worked for Cobra Video. Sean Lockhart was not the only underage model who worked for Cobra Video either. There were others and several of them have come forward and told their stories to the authorities. Once this murder case is done with, several others will be indicted on various charges with regards to the dealings of Bryan Kocis. The Kocis Family did not want this murder case to go to trial because it would tarnish an already sullied name even more. Bryan was lucky that he had a crooked court system in play when he went up on charges for molesting that boy in 2001. But now with the house cleaning that is in play I don’t think that it would work quite as well.

The Feds are well aware of what took place in that court system and I can tell you that it won’t be pretty for years to come. Everyone in the Luzerne County Court System is suspect. How could this happen unless the DA’s office turned a blind eye to what was going on. The DA is just as culpable in the matter of 500 kids who were placed in jail and denied their constitutional rights. The public defenders office is just as culpable, and don’t get me started on the hand picked Conflict Counselors that Ciavarella and Conahan picked.

As far as the lies that I was told, I have come to grips with those and those who fed them to me. I have told the truth as best I could in regards to this case. If you consider those who were feeding me their "version of the truth" it is no small miracle if we ever get to the truth. I am no longer blogging about this murder case and I have taken a back seat to those who continue telling the story. Some are so hell bent on pushing their agenda that they will ignore the truth. And some are so blinded by the bullshit that is being spread they don't have any idea what the truth really is.

Will we ever get to the truth as to why this murder occurred? I doubt it. With the evidence presented and the one-sided view that we are all being constantly feed it is no wonder that everyone thinks that Harlow and Joe committed this crime. We have not seen any of the evidence that the defense will be presenting and we will not until the trial is under way.
With Jury selection in the beginning stages and everyone getting ready for the big show I will just watch what happens and let the jury and fate decide how this will all end. Sad as it is there is a real person here whose life hangs in the balance. There will be 12 people who do not know him determining his fate. This is our justice system at work and we get to watch it play out on the blogs and the newspapers.

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The Cobra Effect On Luzerne County Justice

With all of the different thoughts about who killed Bryan Kocis and speculation that he was killed to keep him from testifying against the judge who changed his charges after the fact it really makes you wonder if Bryan had something on Judge Conahan that helped him avoid jail time. Now early on in this investigation someone suggested that Bryan was killed by a hit man. I will admit that I thought that to be the case. What is really interesting is that the more that is discovered about this case the more I think of it as a possibility. There were always just to many things with this case that did not fit.

I know that it is claimed that Joe and Harlow killed Bryan because he was an impediment to them working with SeanLockhart/Brent Corrigan. But what is interesting is that the more I look at what has transpired in this case more I think that Joe and Harlow could have been framed. mind you I do understand all of the evidence that is being presented against Joe and Harlow. I have seen enough of the evidence to understand the belief of those who think that they did this. But you have to understand that you have only seen the prosecutions side of the case. I really have no clue what the defense will provide as evidence. The one thing good about our justice system is you don't have to disprove the prosecutions case you just have to introduce doubt.

First of all Joe and Harlow were under investigation in Virginia Beach for a Rico case with regards to their escort business. The search of their house in February was based on the Rico charges and had nothing to do with the murder of Bryan Kocis. The Pennsylvania police went on a ride along on that search because Harlow was a "person of interest". What is also interesting is that the affidavit for that search warrant is still sealed and the people who have tried to get a look at it have found it is resealed every time it comes up to be viewed by the public. I wonder why that is? Could it be that what was seized in that search was seized illegally?

You also have the recently indicted Judge Michael Conahan who is same judge who was accused of illegal campaign practices by Judge Musto during their heated campaign. Judge Musto alleges that Conahan received $180,000.00 in campaign donations illegally. Conahan said that he loaned it to his campaign by taking a second mortgage on his home but no records existed of any such transaction in county records. Federal agents conducting a probe on the financial dealings of Judge Conahan, and his wife are also examining the county court records as well .

When Judge Conahan was a magisterial district judge he was involved in a cocaine trafficking case. Judge Conahan’s name surfaced during Mr. Belletiere’s 1991 federal trial in the "Empire" drug case involving Hazleton drug trafficking in the 1980s. Federal witness Neal DeAngelo testified Judge Conahan called him in 1986 and said he had heard Mr. DeAngelo’s brother, Paul, had been buying cocaine from a dealer who was under investigation. Judge Conahan offered to put the DeAngelos in contact with a Florida dealer, Mr. DeAngelo testified. Mr. Belletiere, who is a former Hazleton resident, subsequently called Mr. DeAngelo at Judge Conahan’s request.

According to testimony, and the DeAngelo brothers and another man traveled to Miami to buy $26,500 worth of cocaine from Mr. Belletiere. While Judge Conahan was on the prosecution’s list of witnesses for the Belletiere trial he was not called to testify. The federal prosecutor in the case, during a "sidebar" conversation with the judge out of the jury’s earshot, called Judge Conahan an "unindicted co-conspirator" in the case, according to a court transcript.

Four years ago Judge Conahan’s wife, Barbara, formed a Pompano Beach used-car business, according to an official with the company who said Monday that he met with Judge Conahan, the judge’s wife and Mr. Belletiere (the former dealer from Florida) to discuss setting up the business in 2004. Barbara Conahan was president of the used-car business, RAB Auto Sales Inc., according to Florida corporate documents. The former drug dealer, Ronald Belletiere, operated RAB, according to the company’s former secretary/treasurer. Florida documents indicate the company has been inactive since September 2007.

Judge Conahan "retired" shortly before the arrest of Joe and Harlow with 6 years left on his ten-year term. Yet no one wants to believe that this man is capable of setting up a hit on a man who could get him thrown in prison on a mandatory 3rd degree felony where he could serve up to 15 years in prison. Now I have read various sentiments with regards to Conahan and Ciavarella and how could they do what they did and not get busted sooner. Someone in the DA’s office had to know what was going on. Could that person be Judge Peter Lupas the former Luzrene County DA? When you look at all that has transpired with regards to this case the whole conspiracy to frame Joe and Harlow does not really seem so far fetched.

It was claimed that it would be too hard to cover up a hit and to frame two guys for murder. The interesting thing is that there were several times that this case could have come to a horrible end for those accused. There was the early morning search of the home of Joe and Harlow. The police used concussion grenades and the swat team to raid the home. The fact is someone could have easily been killed. There is also the travesty that has been the case so far. With the musical chair game with the attorneys for the accused. The mad rush to trial by the Luzerne County courts. Judge Ciavarella stepping in to deny the accused legal representatation by denying them conflict council.

David Lupas was the DA when Bryan was convicted and he was also the DA when Joe and Harlow were arrested. He became a Judge at the beginning of this year. He is also the judge that was picked by Ciavarella to oversee the juvenile court system. He was also the DA when Joe and Harlow’s house was searched. He was overseeing this case from the start. It kind of makes you wonder what was going on in Luzerne County.

Judge Conahan is/was on the board of First National Community Bank — where billionaire casino owner Louis A. DeNaples was chairman of the board until his recent indictment on perjury charges with regards to a casino and organized crime. He is also in the business of landfill and used auto parts and real estate. DeNaples is one of the principal shareholders in this bank with his brother and his son. Now we have this connection for Conahan. Are you starting to get the picture now?

Then you have Judge Conahan and Ciavarella who were good friends with a Mr. Powell who wanted to build a new juvenile detention center. Powell and his partner built this center and gave the judges kick backs for all of inmates that were sent there. That is another huge travesty in Luzerne County. Mr. Powell then sold his interest in the youth centers to a Greg Zappola who I might add is not the most above board person I have read about. You have the builder and the lawyer and the judge all involved in a nice little scam against the public. And now Ciavarella is saying that he did not defraud the taxpayers. And guess who his attorney is, If you said Al Flora you would be correct.

The same attorney who with Conahan and Lupus got the charges reduced for one Bryan Kocis,
the victim of a murder that is being tried in Lucerne County in the very same court house where these dishonored judges used to preside. Does anyone else see something wrong with this picture? Now I can understand that from the point of view of the court system of Luzerne County they would want to keep this case in house. But in the name of justice I think it should be moved to a Federal Court. Luzerne had too much to loose to let this case get away from their control and now their worst nightmare has been realized.

What is funny is that the FBI was investigating the victim and the court system was also being investigated. Either way Conahan was going down but I guess it is better to go down for embezzlement than for consorting with a known child molester and allowing him to remain free to molest again. If you have to be tainted than just be a crook and not a pervert. But the one problem is that there are too many loose ends floating around out there that could continue to cause problems for his dishonor Judge Conahan.

It makes you wonder why the child detention centers? I wonder if Robert Powell has something to do with Kocis. Why would Conahan review all of the video that was confiscated during Bryan’s trail and then return it all and the equipment except the one video that should have convicted him. Why would he allow him to continue to produce pornography in a state where he took an oath to uphold the law and allow Bryan to continue to break it? Why did the prosecutor not protest this travesty of justice? Was he told that it would help him get on the bench if he ignored it?

It seems that Bryan Kocis was a big thorn in the side of Judge Conahan. He we was too high profile and he was drawing to much attention to Luzerne County. The slap on the hand that he received after raping that 15-year-old boy was drawing focus on the court system. The bogus court case with regards to Sean Lockhart, the civil case in federal court in San Diego, the back door deal with Lee Bergeron, the online fighting with Sean and Grant, Sean’s blog which was telling the world that Bryan was a pervert. The fact that Sean was underage when he filmed for Cobra Video. All of those reasons could have brought this little dirty court system down to its knees.

So Bryan Kocis had to be destroyed to protect the "integrity" of the court system.
There is a nasty taint on anyone who has ever had anything to do with Bryan Kocis. The fact that killing him did not remove it is quite telling. There are still those who defend Bryan and his actions as honorable. It really makes you wonder about those who are condoning his actions. They throw aspersions at Sean and Grant and anyone who defends them by calling them murderers. Bryan Kocis needed Sean Lockhart silenced but alas that did not happen, someone silenced him.

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Clerk of Courts seeks to intervene in Ciavarella suit against commissioners

When will this circus ever be over. I wonder if this is the court clerk who will be going to the big house with Conahan and Ciaverella. Would that just be a hoot. He looks like he has something to hide.


Clerk of Courts seeks to intervene in Ciavarella suit against commissioners
By Terrie Morgan-Besecker tmorgan@timesleader.comLaw & Order Reporter
WILKES-BARRE – Luzerne County Clerk of Courts Robert Reilly on Friday filed a petition seeking to intervene in the lawsuit filed by President Judge Mark Ciavarella that challenges cuts commissioners made in the court’s 2009 budget.
Reilly
The petition, filed by attorney Peter John Moses, argues that decisions affecting the funding of the court system directly impact the operation of his office. It seeks to grant Reilly the right to take part in various court proceedings related to the lawsuit.
Reilly is upset by the commissioners’ decision not to fund four positions within his office. The loss of the positions has left his office incapable of fully meeting its responsibilities and has “threatened the adequate administration of justice,” the petition states.
The clerk of courts handles the filing of criminal cases and associated duties, including collecting and distributing court costs and restitutions, collecting and returning bail money, certifying and distributing court orders and the scheduling and conduction of hearings and other proceedings, the petition says.
“If the clerk of courts is unable to timely file documentation of criminal cases, alone, for example, trials may not be timely scheduled and criminal defendants could be released and charges dismissed for a lack of a speedy trial,” the petition says.
Ciavarella filed suit against the county, its commissioners and salary board in December. The suit contends personnel cuts the commissioners made to the court’s 2009 budget will impede the administration of justice.
Senior Judge C. Joseph Rehkamp of Perry County, who was specially appointed to preside over the case, issued a preliminary injunction barring commissioners from implementing cuts in court branches. That order did not protect the clerk of courts office, however, because it is funded out of the county’s general fund.
Moses said a hearing will be scheduled at which Rehkamp will hear evidence and rule on whether Reilly’s office can intervene.
Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.


I wonder oif this is the same county clerks office that screwed up on the charges for Bryan Kocis. I would think that they might want to keep their mouths shut and not draw attention to the fact that they are incompetant. I was reading some of the comments left at the timesleader with regards to the pending arrests and I can only say that Luzerne County is not kind when it comes to saying how they feel about those Judges.

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Judges to be charged

Updated: Today at 6:26 AM Sources: Judges to be charged
County court system has been under investigation
By Terrie Morgan-Besecker tmorgan@timesleader.com



Law & Order Reporter for the Times leader
WILKES-BARRE – Two sources familiar with federal investigations involving the Luzerne County judiciary said authorities have concluded their probes and are expected to file charges soon, possibly as early as next week.

The sources, who spoke on the condition of anonymity, said two county judges and a county court official are expected to face charges. The sources could not say what those charges will be.



They also declined to publicly identify the suspects because the charges have not been filed.
Speculation that the filing of charges was imminent has run rampant throughout the county courthouse during the past few weeks.
U.S. Attorney Martin Carlson declined to comment when reached late Wednesday afternoon. The U.S. Attorney’s Office has a standard policy of not confirming or denying the existence of an investigation.


The investigations into the county have been public knowledge for several months as federal agents have served search warrants and subpoenas on several court offices.
Federal agents in June served a search warrant on the county’s Juvenile Probation Department seeking financial records related to the placement of juveniles at the PA Child Care and Western PA Child Care centers. Those centers were formerly owned by attorney Robert Powell of Butler Township.


Paul McGarry, administrative director for the court system, said previously that the FBI sought administrative records, including billing statements and records for the number of children who were placed at the centers.
In August, FBI agents served subpoenas on the county treasurer’s office seeking records related to the court system. Sources previously said that investigation focused on whether money confiscated from gambling raids was turned over to the treasurer’s office.


The sources said the investigation began after it was learned that some court orders directing the forfeiture of gambling proceeds did not go through the District Attorney’s office, but instead were presented directly to the court administrator’s office – a departure from standard procedure.


It could not be determined Wednesday whether the pending charges are related to those investigations, or whether other persons may also face charges.



Also in the citizens voice they have this story.



Court appointments won’t be processed,
chief clerk explains
Luzerne County Manager/Chief Clerk Doug Pape said the recent appointments by the court judiciary will not be processed because they don’t fill vacancies.

THE CITIZENS’ VOICE FILE

BY MICHAEL P. BUFFER STAFF WRITER
Published: Thursday, January 22, 2009 3:47 PM EST
WILKES-BARRE — Senior administrators for Luzerne County commissioners said Wednesday they are not going to process personnel appointments ordered by Luzerne County President Judge Mark A. Ciavarella Jr.It’s the latest flap in an ongoing struggle between county commissioners and judges over how much taxpayer funds will go to the judicial branch this year. On Tuesday, Ciavarella issued a court order to transfer his executive secretary Ann M. Hoedl to a new job in court administration and another order to appoint Joseph A. Dessoye as a senior law clerk for Judge Joseph M. Augello.“There are no vacancies for these positions, so we will not process them at this time,” County Manager/Chief Clerk Doug Pape said.Director of Human Resources Doug Richards said Hoedl and Dessoye won’t be paid unless they are appointed to replace someone in a job that had been approved by the county salary board.



Hoedl would take a pay cut from $45,703 to $39,338 in her new job, and Dessoye’s salary would be $39,455, according to court and county documents.
Last month, the judges obtained a temporary injunction to stop cuts in court spending of $3 million, and officials agreed to maintain 2008 personnel and funding levels in the judicial branch while the case is litigated. On Tuesday, Commissioner Chairwoman Maryanne Petrilla said the order to transfer Hoedl violated the agreement, but Ciavarella maintained it was allowed under the agreement because her new job is “an open position in the 2008 budget.”Judicial officials did not respond to messages seeking comment on Wednesday’s development.



The 2009 budget adopted by county commissioners last month eliminated funding for 138 full-time jobs, including 55 in the judicial branch. The litigation stopped plans to lay off 34 court employees.The budget eliminated funding for 65 vacant jobs, and judges have filled at least 10 of those jobs with court orders issued over the last six weeks. County chief solicitor Vito DeLuca said county administrators “will honor” appointments to court jobs that existed in 2008. The county has roughly 1,700 full-time employees, and about 360 work for the judiciary.



mbuffer@citizensvoice.com, 570-821-2073



Can you say oops!



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It looks like the state is taking a interest in Luzerne County

State backs challenge of juvie cases
Agency: Percentage of county kids in away treatment 2 1/2 times the state average.
By Terrie Morgan-Besecker tmorgan@timesleader.comLaw & Order Reporter
WILKES-BARRE – Concerned by what it deems an “unusually high” placement rate for delinquent youths, the state Department of Public Welfare intends to file a legal brief supporting a juvenile advocacy group’s efforts to overturn hundreds Luzerne County juvenile cases, a DPW spokesman said Thursday.
Related headlines
Juvenile’s attorneys seek to vacate ruling
Matt Jones of DPW said department officials believe the high percentage of youths being placed in out-of-home treatment programs is at least partially tied to an assertion that a disproportionate number appear before Judge Mark Ciavarella without an attorney – the key issue in a court action filed last week by the Juvenile Law Center of Philadelphia.
Statistics from the Juvenile Court Judges Commission show that Luzerne County’s placement rate was roughly 2 � times the state average for all counties from 2004 to 2006, the latest data available.
In 2006, 24.5 percent of youths who appeared before Ciavarella for hearings were sent to residential treatment programs, according to the commission’s annual report. The statewide average was 10.3 percent. In 2005, 21 percent of Luzerne County youths were placed, compared to 9.6 percent for the state. In 2004, 22 percent were placed, compared to 10.4 percent for the state.
Ciavarella could not be reached for comment Thursday. In prior interviews he has staunchly defended his philosophy on juvenile placements, saying he favors placement over other alternatives because it’s the only thing that will “get a child’s attention.”
That philosophy is now being questioned by DPW, as well as the Juvenile Law Center.
The center last Tuesday filed a petition asking the state Supreme Court to intervene in Luzerne County juvenile court proceedings, citing what it believes to be serious violations of a child’s right to due process.
The center took the extraordinary legal action based on statistics that showed 50 percent of youths who appeared before Ciavarella in 2005 and 2006 were not represented by an attorney – 10 times the state average.
Further research showed that nearly 60 percent of those youths were placed in residential treatment programs, the center said. The petition asks the Supreme Court to overturn more than 500 cases in which juveniles appeared without attorneys.
Jones said DPW decided to support the center’s petition because it shares the concern that juveniles’ right to due process may be being violated. DPW expects to file its brief by today or Monday.
“We feel those protections should be provided to those who are adjudicated in Luzerne County. We feel this is at least in part responsible for the high placement rate in Luzerne County,” he said.
DPW has an interest in the placement rate, he said, because the department reimburses counties 50 percent juvenile detention costs, and 60 to 70 percent of the cost for treatment programs.
“We do not regularly monitor placement rates of delinquent youth, but we have been aware for some time that Luzerne County has an unusually high placement rate,” Jones said.
Ciavarella is particularly fond of placing youths in wilderness-type programs. Statistics show that from 2004 to 2006, more than 50 percent of youths who were detained were sent to wilderness programs. That compares to a state average of roughly 10 to 12 percent.
Jones said the DPW first approached county officials about the disparity in placement rates last year. The department has been working with court and probation officials to regarding possible alternatives.
“There are some things we’ve seen work effectively in other counties, such as work programs, mentoring and electronic monitoring, in lieu of incarceration,” Jones said. “We would like to see Luzerne County work with us to consider some alternatives for placement other than the detention center option.”
Ciavarella, who is being represented by attorney Howard Holmes of the Administrative Office of Pennsylvania Courts, has until the end of next week to file a reply to the center’s petition.
Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179

Judge Ciavarella defends his stance with regards to Vita

Judge Conahan pictured here


Luzerne county is coming under fire for its judicial practices. Citizens of Luzerne county speak out on the corruption in they're judicial system. Some are asking for a investigation into the court system. Judge Conahan and Dr. Vita, his brother-in-law could not be reached for comment. I am wondering if the citizens will start to question some of the Judges prior cases.
One case comes to mind with regards to Judge Conahan. That would be the "correction" of the record of Bryan Kocis. Maybe just maybe it is going to come back and bite them in the ass. Now I don't know about any of you all but the murder of Mr. Kocis is going to bring more attention to the practices of the Luzerne County Judicial system.
I have always wondered if it was just a coincidence that Judge Conahan retired right before Joe and Harlow were arrested. Was that a calculated move to protect himself from the fallout of his prior ruling with regards to the murder victims criminal past.

Murder victim Bryan kocis pictured left and murder suspects Joe kerekes and Harlow Cuadra pictured right


The arrest of Joe and Harlow and the subsequent trial would bring to light much negativity with regards to the Judge's ruling on the murder victims case. Could that be the reason that Judge Ciavarella stepped into Judge Peter Paul Olszewski Jr. case and allowed the suspects to have the same attorneys as the victim. It is rumored that Judge Conahan hand picked Judge Ciavarella as his successor. It really makes you wonder what is going on in Luzerne County. The "Times Leader" seems to be questioning the conduct of the judicial system of Luzerne county. I myself think it is high time. I wonder if Ciavarella is related to Conahan or Vita. Also there is the question of the "good friend" of Conahan who runs the youth detention facility that most of the juvenile criminals are sentenced to.


More questions raised over services of county juvenile court psychologist
Woman says family forced to use Vita’s services, at a cost of thousands.
By Jennifer Learn-Andes jandes@timesleader.comLuzerne County Reporter
A Plains Township woman said a Luzerne County judge forced her and family members to undergo counseling with psychologist Frank Vita as part of her son’s juvenile court proceeding, costing her thousands of dollars out of her own pocket.

Conahan
Times Leader Photo Store
Erica Michaliga said she now questions that court order in light of the recent revelation that Vita is the brother-in-law of Court of Common Pleas Senior Judge Mike Conahan.
But Court of Common Pleas President Judge Mark Ciavarella, who signed the court order, said Michaliga is completely off base because she and her mother-in-law requested Vita in the first place.
“They were so happy with Dr. Vita after the psych evaluation, that they asked if they could continue to see him,” Ciavarella said. “They requested Dr. Vita.”
Michaliga said she initially welcomed Vita’s counseling because she thought it would be temporary and covered by insurance.
Michaliga said she doesn’t believe the judge made it clear that she had a choice. She said she frequently told Vita she was having difficulty paying him. She plans to review the court transcripts because she believes she raised concerns about the cost of the payment in court.
Vita got involved with the case because the county had paid him to conduct a psychological evaluation of her son, she said. Michaliga said Vita told her he was recommending counseling to the judge and offered to provide it. She said she thought it was a good idea to stay with him because Vita played a key role in the judge’s decision on where her son would be placed.
Ciavarella said Michaliga and her mother-in-law, who was also involved in the counseling, were free to choose any counselor, and he said he never received a request to switch counselors.
“I didn’t care what family counselor they went to. I never would have ordered Dr. Vita without their input,” he said.
The mother-in-law was not named in the documents, and Michaliga said the mother-in-law was not willing to speak to a reporter.
Michaliga said she paid Vita thousands of dollars and has asked him for a copy of bills so she may determine the exact amount. Vita could not be reached for comment on several attempts.
On July 7, 2006, Ciavarella ordered her to pay Vita $1,075 in overdue payments within 30 days. He said Michaliga was trying to “stiff” Vita.
Michaliga and Ciavarella have clashed in the past over a court case involving an insurance claim at Atmosphere Salon and Day Spa, which she used to own.
The county has paid Vita $1.1 million since 2001 to provide psychological evaluations of juvenile offenders, county records show.
County officials plan to publicly advertise the work before July 1 – something that wasn’t done in the past – to determine if other psychologists are interested. The cost of the service will also be considered, county officials say.
Vita charges $90 per hour and usually bills between 14 and 19 hours for work associated with each juvenile, his bills show.
The county probation office, which determines which clients are evaluated by Vita, reported Thursday that Vita saw 120 juvenile offenders in 2007 and 40 offenders this year to date.
Vita was paid $180,360 in 2007 and $74,160 so far this year.
Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.

President Judge Mark Ciavarella doesn’t believe he is legally required to comply with the county’s policy.

So what else is new in Luzerne County? The legal system does not seem to think that the law applies to them when it comes to a court of law. They appear to make their own rules. I guess thats the reason no one wants to go visit that hell hole. I for one am not going to go there for Joe and Harlow's trial. All they would need is some lame excuse to throw you in jail. I'd rather go to a Turkish prison than go to Luzerne County.


Vita bill totals $1.1 million
County psychologist made “twice as much as what he’d make in private practice,” another local practitioner says.
By Jennifer Learn-Andes jandes@timesleader.comLuzerne County Reporter
Frank Vita was paid $233,005 to provide juvenile psychological evaluations for Luzerne County’s court system from July 2001 through 2003, bringing his total receipts to more than $1.1 million, county records show.
Vita, the brother-in-law of Court of Common Pleas senior Judge Mike Conahan, charges the county $90 per hour, his invoices show.
The hourly pay is reasonable, but his annual earnings from the county are not typical, said Forty Fort psychologist Robert E. Griffin.
Griffin reviewed salary reports and estimates area psychologists earn $70,000 to $100,000 per year. The annual amounts the county paid to Vita are “twice as much as what he’d make in private practice,” said Griffin.
Vita, of Mountain Top, was paid yearly amounts ranging from $180,360 to $233,705 from 2004 through 2007. In 2004, his highest-paid year, calculations show Vita would have had to work 49.9 billable hours a week all 52 weeks of the year.
County Human Services Director Joe DeVizia said the spending on psychological services is “high for our system.”
“But it is a specialty service, and it has to be looked at as a specialty,” DeVizia said.
In comparison, psychologist Leonora Herrmann-Finn is paid $65 an hour, capped at $80,000 for the year, to provide psychological evaluations in the county’s Children and Youth division, according to the July 2007 commissioner meeting agenda. She was chosen through a public advertising process, said county Chief Clerk/Manager Doug Pape.
DeVizia said “good, Ph.D. licensed psychologists” like Vita are becoming as in-demand as psychiatrists and can earn $125,000 or more per year. He said there are “many good psychologists” in the region, but some don’t have experience in the justice system.
However, officials will have to decide if the county can continue to afford to pay so much for juvenile evaluations, DeVizia said.
“The challenge will be getting someone acceptable to the judge at a cost the county can afford,” DeVizia said.
County officials plan to issue a public request for proposals before July 1 to obtain price quotes and qualifications of all psychologists who are interested in the work now handled by Vita, DeVizia said.
The county’s 2004 purchasing policy requires public searches, but the court has not been in compliance.
County Court of Common Pleas President Judge Mark Ciavarella agreed to the public advertising but said he doesn’t believe he is legally required to comply with the county’s policy. Several county officials disagree with his interpretation.
The courts should have embraced a public advertising process, particularly when Conahan served as president judge from 2002 through 2006, said county minority Commissioner Stephen A. Urban. The president judge oversees probation and other court branches.
“The fact that Mr. Vita is Judge Conahan’s brother-in-law raises a big red flag,” Urban said Wednesday.
Conahan and Vita have not responded to requests for comment. Ciavarella has said he supports Vita’s work because he does thorough, quality reports.
Urban said he learned Wednesday that commissioners were never asked to approve a contract for Vita to work for probation, even though other probation contracts routinely come before commissioners.
“Why was this contract handled differently?” Urban asked.
According to Vita’s invoices, he usually bills between 14 and 19 hours for work associated with each juvenile. For example, his $14,805 payment on April 2 covered assessments for 10 juveniles.
His referrals come from the county’s Juvenile Probation Department, according to county Probation Director Larry Saba.
The probation “forensic department” run by Sandy Brullo determines which juvenile offenders receive psychological evaluations, Saba said.
Those evaluations usually involve several tests, according to Vita’s bills. For most clients, he indicates that he performed the following tests: Wechsler Abbreviated Scale of Intelligence, Bender Gestalt Visual Motor Test, Rorschach Scoring and Interpretation and the Million Adolescent Clinical Inventory Scoring and Interpretation.
“…(I)t is a specialty service, and it has to be looked at as a specialty.”Joe DeVizia
Luzerne County Human Services Director

Group alleges hundreds of county youths denied lawyers

A fun destination is awaiting you, Lovely Luzerne County in the picturesque Allegheny mountains of Pennsylvania. Where lawlessness is a way of life. Come and tour or Judicial system and be amazed by how it slaps the face of the Keystone state. This is the state where the Declaration of Independence and the bill of Rights were signed yet you would never know it by the way the courts operate there.

Group alleges hundreds of county youths denied lawyers
By Terrie Morgan-Besecker tmorgan@timesleader.comLaw & Order Reporter
WILKES-BARRE – Alleging youths are being denied their right to an attorney, a juvenile rights group Tuesday filed a petition asking the state Supreme Court to intervene in hundreds of past and current Luzerne County juvenile court cases.
An attorney for the Juvenile Law Center in Philadelphia said the center was prompted to act after research showed that 50 percent of youths who went through Luzerne County’s juvenile court system in 2005 and 2006 were not represented by an attorney – a figure the center says is 10 times the state average.
The failure to provide even the “most minimal” constitutional protections to those youths resulted in many making admissions of guilt without fully understanding their legal rights or the consequences, said Marsha Levick, the center’s legal director and one of the authors of the petition.
“Luzerne County’s juvenile court proceedings represent the most egregious violation of children’s constitutional rights in Pennsylvania,” Levick said. “When more than half of all youth appear in court without legal representation ... something is seriously wrong and it must be stopped.”
The petition was filed on behalf of two juveniles who went through the court system in 2007, as well as all juveniles with current cases.
It alleges the county’s juvenile judge, Mark Ciavarella, and juvenile probation officials have failed to follow regulations that require juveniles be advised they have a right to an attorney.
The petition further alleges court officials violated state regulations by allowing parents to waive a child’s right to counsel without the child’s consent, and that Ciavarella has failed to question youths who entered guilty pleas to ensure they understand the ramifications of proceeding without an attorney.
The center is asking the court to vacate decisions made in all cases dating from 2005 to present in which the juvenile was not represented by an attorney. It has identified 285 cases from 2005, and 281 from 2006. The number of cases in 2007 and 2008 is not yet known.
Ciavarella acknowledged Tuesday that a high percentage of youths who come before him are not represented by attorneys. He could not explain why the numbers were so much higher than other counties.
The judge said in many cases he believes parents opt not to obtain attorneys because they know their child is guilty.
He insisted parents are advised at every step of the process that their child is entitled to an attorney, and that one will be appointed if they cannot afford one.
“It’s not like they’re walking into this blind. They are advised on three different occasions they have a right to have a lawyer present,” Ciavarella said. “If they want waive their right to an attorney, that’s their business.”
The center’s petition is based on the cases Jessica Van Reeth, now 18, and a female identified as H.T., now 17.
Van Reeth was 16 when she was charged with possession of drug paraphernalia. She and her parents allege they were never advised of her right to an attorney. She admitted guilt and was placed in a residential treatment facility for three months, even though it was her first involvement with police.
H.T. was charged with harassment in April 2007 for creating a Web page that contained derogatory information about an assistant principal at her school.
The girl, also a first-time offender, admitted her actions, was immediately carted off in handcuffs to begin serving a three months at a residential treatment facility.
The child’s mother acknowledged waiving the child’s right to an attorney, but the youth did not sign the waiver, as regulations require. The mother also claimed the child was never questioned to ensure she understood the potential consequences of entering a plea without first consulting an attorney, the petition says.
Ultimately, the child was returned home a few weeks later after the Juvenile Law Center intervened on her behalf and convinced Ciavarella to release her, based on the fact the child had not waived her right to an attorney.
Levick said the center felt at that point the issue was resolved. Since then, there have been at least three other cases in which juveniles alleged they were not afforded an opportunity for counsel, she said.
“When we got (H.T.’s) adjudication reversed we thought we wouldn’t have to do it again,” she said. “As we collected information over the next several moths, we realized we had made no difference. It apparently will take extraordinary action and extraordinary intervention by the Supreme Court to fix this.”
What’s Next
Ciavarella said he has contacted the attorney for the county’s juvenile probation department, who will file a response to the petition. The Supreme Court will review the documents and decide whether it will intervene.
Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179

Luzerne county up to it's little secret tricks again

The Times Leader is a interesting read, they will tell all of the dirty little secrets of Luzerne County. I wonder if Judge Conahan got a kickback from his brother-in-law for all of the county work he got him?

Judge’s brother-in-law paid $877K
Psych services to court not bid out
By Jennifer Learn-Andes jandes@timesleader.comLuzerne County Reporter
A Luzerne County judge’s brother-in-law has been paid $877,880 to provide psychological services to the court system since 2004, raising questions about why that work isn’t publicly advertised.

The psychologist, Frank Vita, is married to the sister of Mike Conahan, who is now a senior judge in the county Court of Common Pleas.
Psychology is considered a professional service by county officials.

The county’s 2004 purchasing policy requires public requests for proposals or qualifications for professional services over $7,500. The mandate is meant to give everyone a shot at the work and to gather cost comparisons, though there’s no requirement that the work will go to the individual or business that submits the lowest price.

Common Pleas President Judge Mark Ciavarella said he wasn’t aware of the county purchasing policy and has been abiding by the state County Code, which does not require public advertising for professional services.

Requests-for-proposals will be sought for the psychology service in the future, said county Chief Clerk/Manager Doug Pape.
Ciavarella said he has no problem advertising the psychology work, but he stressed that he does not believe the court is required to abide by the county’s purchasing policy.

“The court is a separate branch of government. They (commissioners) can’t dictate how I manage the court system, as long as I am in compliance with the state law,” Ciavarella said.
But Commissioners Stephen A. Urban and Maryanne Petrilla believe the courts must follow the county policy.

Urban said $877,880 is a lot of money to pay someone without shopping around for the prices and qualifications of other providers.
Petrilla said she knows of no county document or state law that exempts the courts from following county purchasing policies.

“Since the county is the funding source for the courts, and their budget is approved by the commissioners, I see no reason why they don’t follow all county policies,” Petrilla said.
Vita and Conahan could not be reached for comment.
Ciavarella said Vita “does an outstanding job.” Vita assesses juvenile offenders and recommends appropriate treatment to the judge. Ciavarella has been handling juvenile court cases in the county for years.

“When I first got on the bench, I received psychological reports that were not worth the paper they were printed on. His reports are 10 and 20 pages long and very extensive,” Ciavarella said.
Vita typically spends 10 to 16 hours evaluating each juvenile offender, Ciavarella said.
“In the juvenile system, it’s so important to get the child in the right program. Without that, we’re just wasting our money,” Ciavarella said.

Vita started providing psychology services to the court system when Joseph Augello was president judge, said county Probation Director Larry Saba.
Conahan then served as president judge from 2002 through 2006 until Ciavarella took over the role. The president judge decides who is hired in court branches and oversees the court’s administrative affairs.

The controller’s office did not have records on Vita’s payments before 2004.
Here’s the breakdown of what Vita was paid: $233,705 in 2004; $189,495 in 2005; $200,160 in 2006; $180,360 in 2007 and $74,160 this year to date.
Purchasing has become an issue in the county since the recent discovery that prison kitchen purchases were illegally piecemealed, or broken into smaller amounts to circumvent requirements to obtain quotes and/or bids.

County officials have started visiting each department and discovered other examples of purchases that did not comply with the county’s purchasing policy.
Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.

I wonder if they did the psych evaluation on Joe Kerekes as well as Bryan Kocis in his first case? It really makes you woinder what is going on in Luzerne County.