Thursday, November 5, 2009

Not All Cash-For-Kids Cases Thrown Out

From her perch as Luzerne County district attorney, Jacqueline Musto Carroll agreed that juvenile defendants convicted as part of a corrupt "cash-for-kids" scandal ought to have their cases thrown out.

But not all of them.

Under Thursday's sweeping Pennsylvania Supreme Court ruling, about 6,500 juveniles convicted over a five-year period by former Luzerne County Court Judge Mark A. Ciavarella Jr. will have their records expunged.

That leaves about 100 cases that may be reopened - serious offenses in which the defendant was represented by counsel, and is either still incarcerated or involved in the juvenile justice system through probation, treatment, or unpaid fines or restitution.

Citing "a travesty of justice," the state's highest court followed the recommendation of Judge Arthur Grim of Berks County, whom it appointed in February to review all cases involving Ciavarella under the cash-for-kids scheme.

Prosecutors argue that the former judge deprived young defendants of their right to counsel, ordered them into detention even when probation officers did not recommend it, pressured those officers to change their recommendations, and then institutionalized youths for offenses as minor as fighting with other students in school.

The Luzerne County District Attorney's Office has 30 days to identify the defendants it wants to prosecute again. It must then submit the list to Grim, who will determine case by case which should go forward.

Full Article and Source:
Luzerne DA to Reopen Some "Cash-For-Kids Cases"

See Also:
Thousands of Juvenile Convictions Overturned

5 comments:

AntiShyster said...

They should examine every single aspect of the remaining cases very carefully, because these days, you can hardly trust your own lawyer!

And stop the damn coverups!

StandUp said...

That's right, AntiShyster, the cases need a thorough review.

Sometimes evidence is manufactured, so a glance at the file isn't good enough.

Barbara said...

It makes sense that some of the cases should not be thrown out. I hope each case is given careful consideration.

Anonymous said...

i agree with antishyster too.

Anonymous said...

I wonder how far back they went reviewing these cases. Conahan is suspected to have been dealing in the mob for many years at least. They have to go back to the point where he went bad and then start working each case. It could take years to uncover it all.