It's "Elmteligence"

I have changed the name of my blog because so many of you seem to think that I don't have a clue. Since there are so many Elmisms out there to describe my state of mind I decided to go with my favorite. Yes Vincent you are the winner, It's Elmteligence is my favorite. I know you meant it in a sarcastic way but I thought it was funny and it truly just grew on me.

I was going to do a whole bunch of posts about who said and did whatever but I have decided not to go there. I really does not matter anymore. This was a sad experience for allot of people and I am personally tired of looking at this train wreck. This blog was never meant to be about a murder case. I never asked for anyone to email me about it. I was never a huge fan of any of those involved.

I was never for one "team" or the other. I just kind of was placed in that niche because I never "attacked" Joe or Harlow. I always believed that you were innocent until proven guilty and I still do. But I guess that theory is to high brow for some to understand. There is still plenty about this whole mess that has not been revealed and I guess it will never be revealed. So now I will blog about what really interests me and if you want to know what that is stick around. If you don't care there are plenty of other places to go and talk about this murder case.

This is Elmysterio and I'm out.

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.

This is Elmysterio and I’m out

The tapes and what they revealed to me

Here is a little back story for you all about the days preceding the Crab Catcher and the Blacks Beach tapes. Joe sent me a email and he was kind of excited about the possibility of finally getting to work with Sean and Grant. Now from what I know and was told by Joe and a few others was that Joe and Harlow were sent an agreement of sorts from Sean and Grant to come to California and to film some scenes. Joe told me that they sent him a agreement . He wanted to send it to me, I told him that I did not want to see it but I told Joe to run it by his attorney Barry Taylor which he did do. Well I got confirmation that he did because of some stuff that I later heard with regards to the future trip. I also told Joe that this could very well be a trap and to be careful. Barry said the same and none of us wanted them to go. I guess we were right about it being a trap.

Now you must also keep in mind that I did not know at the time that they had actually gone to Pennsylvania or that Harlow had been to Bryan's house. There was talk in the papers of an alibi and I will admit that I believed it. During this period which was before the affidavit or the arrest there was very little solid evidence that pointed to Joe and Harlow that was public. And there were also those who were feeding me lies about the case.


This was also during the period that everyone was screaming about Sean’s age and that he lied to Bryan about being younger than he was, when in fact it was proven that he lied and said that he was older than he was. So Sean did star in underage porn and that pissed allot of people off. With that being a directive on the blogs and all of the back story about all of the other dealings between Lee and Bryan. Joe and Harlow were sort of put on the “Back burner”. Was this a plan by the prosecution? Also what was the deal with the name Drake? Where the hell did they come up with that one?


So I had no real issue with talking to them because I was always told that you are innocent until proven guilty. What I also found strange is that there was just so much misinformation out there. So to tell Joe and Harlow that I thought going to San Diego might be a trap was not in anyway aiding and abetting two known fugitives. It was just my gut reaction based on what had been going on in the prior months. Joe and Harlow's whole financial thing was a bit of a shock to me. They never mentioned it to me that they had money issues.

PC did mention Joe and Harlow’s financial situation in a IM conversation but at the time I did not know who PC was or if I could even trust him. I soon found out that I could not trust him. I did some checking on my own and did not see any major issues with their finances. But "someone" did run a credit check and found out the truth. That was something that I would not do just to get a story though.

I spoke to Joe and emailed him on several different occasions while they were in California. He was aware of the possibility of a wire, that is why he wanted to go to the nude beach. Now what I find interesting is that the day prior to the Blacks Beach trip at the Crab Catcher there were promises of fourth coming info into the murder. This never really happened though, they never said outright that they killed Bryan. There was allot of talk about Lee and his deal with Bryan but what is funny is that was already being talked about behind the scenes. Me and a few others who shall remain nameless already new about the backdoor deal between Lee and Bryan. Sean and Grant were aware of it as well at the time of the police intercepts.

The Beach Tapes and the Crab Catcher transcripts actually reveal very little that I did not already know. Most of what was talked about at the time I had discussed with other people close to the case prior to the beach tapes. So I guess for me it was just anticlimactic. What I find really interesting is that Sean and Grant could not be totally honest on the tapes because they did not want to blow they’re hand. By that I mean the whole line of questioning that was going on. I mean what the fuck were they thinking with that line of questions?

Joe was asking more questions than Grant ever did about Bryan and Lee and their dynamic. I don’t know if Joe was just fishing for info on Bryan or if he was trying to see how much Sean and Grant knew about Lee and Bryan’s deal. Joe's questions looked as if he was seeing if they really felt remorse about Bryan's death. I just don’t get it something is fishy here and it ain't the crab.

This I will tell you and I never really thought about it but when I spoke to Michael Gross about the Out Magazine article I mentioned info from several sources of what I had heard was going on in this case. At the time I don’t think he actually believed me but I guess if he looked at his notes he might see now that I was on the right track. I have been blogging about this case since February of 2007 and there are still aspects about this case that amaze me. After digging through all of the muck the truth is starting to loom ahead and it ain’t what any of you think it is.

This murder is still being covered by several bloggers and it still is Front page news when something new about the case is revealed. Now it seems that we are in the home stretch but there are still a few twists to come in this case and I don’t doubt some of you will be still shocked by them. The latest that is news is that Luzerne County has summoned Sean Macias the attorney for the victim to testify at the trial. One question is why was he not at the preliminary hearing when his testimony could have narrowed down the time of death issue?

I think I know why but that is for a different post.

This Elmysterio and I’m out.

Judge rebukes defense attorneys

The judge presiding over the Bryan Kocis murder case had harsh words for the defense attorney's and the prosecution with regards to actions not taken that impedded the pretrial hearing. Here are links to the Times Leader or the Citizens Voice for the full story. Judge Olszewski says of the case "Kocis homicide Time and money wasted as conflict of interest not disclosed weeks ago," We never got to see the testimony of any of the witnesses and I know that upset allot of people especially the ones who made the trip to testify.

From what I have witnessed with regards to this case is that this hearing was doomed from the start. With the prosecution making documents sensitive to the case public and the defense and the Prosecution not being forthcoming with the information about the possible conflict I can see why the judge is a little peeved. There were people flown in from all over the country who just got a lovely little vacation in lovely Luzerne County on the prosecutions dime. I bet the taxpayers are going to love that. Well lets wish them better luck next time. Also in the news is the possibility of more postponments with regards to the issue of Demtrius Fannick and whether he will be allowed to defend Cuadra.

Late Wednesday, Cuadra’s remaining attorneys, Stephen Menn and Michael Senape, filed a motion to suspend all pre-trial proceedings in Luzerne County Court until the state Superior Court determines whether it will accept a petition requesting a review of Olzsewski’s March 19 order barring Cuadra from retaining defense attorney Demetrius Fannick.

This is Elmysterio and I'm out

Twisted logic

So many of you seem to be a bit confused with the details of my involvement in this murder saga.

First of all I had no contact with Joe and Harlow before April 16th 2007. So I guess that rules out the possibility of me aiding Joe with the identity of the owner of the Nissan Murano parked in Bryan’s driveway on the night he was killed. You know the one that Rob brought up.

Secondly I knew about the location of the Maserati long before the beach tapes. I really don’t get why so many of you seem to think that I am more involved in this case that I really am. I just blogged about it.

Thirdly I have had no contact with Robert Wagner. No emails no phone contact nada. Robert’s whereabouts on the night of the murder are not known to me. I did not pull his credit report nor anyone else’s for that matter. Where Rob got that bit of info from is your guess as well as mine.

Finally I did not ever write Harlow or Joe’s blogs for them. I have spoken to the both of them on the phone and in emails and they never made and confessions to me about the murder. As far as where the vehicle Harlow was driving on the night of Bryan’s murder was parked, From witness testimony it was parked in the driveway on Midland Drive. Behind Bryan’s car and the mystery SUV with New York plates, as per Rob.

As far as any of the other things that I have been accused of that is pure speculation from the posters. As far as me not supporting Joe and Harlow anymore you all can believe what you want to believe. I just have better things to do with my time than to argue with you all about something that I can not change. I think that this case has been mishandled from the very start. I was never sent anything with regards to this case. Joe and Harlow never sent me anything no packages or letters no evidence what so ever.

I will not be included in the trial, as I have no information that the state would need because PC has everything that the state would assume that I would have. He has made it clear that he is the expert on this case with his intimidation tactics and outing of people who post on his and other blogs. He has all the information on everyone involved and he would be able to make a more compelling argument than I ever could. Jim if you think that I will be indicted in this murder case on conspiracy charges you are more delusional than I ever would have thought. But I guess you could hope that I would be charged with a crime for not believing you and your "Ocams Razor".

Bryan Kocis was in violation of the law with his home business. He illegally filmed porn in his home in Dallas Township. There is video proof of that; scenes filmed in the very living room where he was killed can be seen in "A Boys Raw Urges"and "Naughty boys toys". He used the same sofa where his dead body was found in "A Boys Raw Urges" Yet he was allowed to film porn in his home and use the Luzerne County courts to intimidate Sean Lockhart who claimed that he was filmed by Kocis while he was underage. The courts of Luzerne County are more involved in this murder case than any of us would like to believe.

Just look at all of the news about the legal system in Luzerne County. It really makes you wonder what is really going on in that county and what is going to happen with this murder case if it ever makes it to trial. Bryan Kocis ran an illegal business from his home and used the courts to intimidate a minor child who he filmed in a porn video. He also got a slap on the wrist for having sex on film with a minor child. And the courts of Luzerne County never had him register as a sex offender. Now this same court system is being investigated by the state of Pennsylvania and the FBI. It kind of makes you wonder what is really going on there.

Luzerne County has worked its magic under the radar of the Feds for so long that I guess the good ole boys just got sloppy and thought that they were above the law. Well I think that attitude is going to change when the federal indictments start getting handed out to various parties involved in the mis-justice that is Luzerne county.

This is Elmysterio and I’m out.

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

PC is on a mission

Well it looks like PC is on a mission to cause problems for me. What I find interesting is that he himself asked me to keep our conversations private which I did. I never posted any of our conversations on my blog yet he has done exactly what he asked me not to do.

Well I have all of our conversations archived as well as all of the emails but I choose not to post them. To me it seems that he is just a bit pissed off at me for some stupid reason. My blog is a place for me to say what I want to say about how I feel about this murder case and his is his place to do the same.

What I find funny is that he is now attacking me for my opinion. He claims that I don't have proof to back up the comments that I have made but I know who his source was in Virginia Beach court system. I also know that he was informed by this source on who to contact in the Luzerne County Court system. I have this in PC's own words in comments that he made to me.

So I guess he is now going to play nasty. That really is to bad because I don't think it is that important to destroy someone with their own words and I won't go there unless I am pushed.

this is Elmysterio and I'm out.