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Teenagers are committing more and more violent crimes.
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In the last ten years,
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number of murders by teenagers aged 14 to 17...
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went up by
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incredible 165%.
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As a judge, if I have the opportunity
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to prosecute a juvenile offender
as an adult, I will.
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If You are a teen, convicted of murder, rape...
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...or violence against children or the elderly,
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You can expect me to impose the maximum sentence allowed by law.
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Mark Ciavarella, a judge to protect us all.
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Raise your right hand.
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You, Mark A. Ciavarella Jr., solemnly swear
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who will support and defend the Constitution of the United States...
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After Columbine, I went to schools
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and explained to the students that we have a zero tolerance policy.
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I instruct the parole department
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not to tolerate violence in schools,
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guns in schools,
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and I didn't want drugs in schools.
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Judge Ciavarella's policies win increasing praise
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and community support.
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I told them that schools
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couldn't be ruined by 2% of young people
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that destroyed for the other 98%.
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I swear on the life of me I don't understand how that was such a bad thing.
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I fought at school
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and I knew there would be problems.
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You can't fight.
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I wish I could go back in time and start over.
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I'm not a child anymore.
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Life goes on.
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That's what I tell myself, life goes on.
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When groups like you come here to tour the court
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and know what happens in Luzerne County,
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he is always the highlight of the tour.
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He is not only the judge, but he also takes care of
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of all minor cases.
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All the young people who come to court
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are judged by Judge Ciavarella.
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And he has a wonderful and important message for you this morning.
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I present to you the Chief Justice of Luzerne County,
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the illustrious Mark Ciavarella.
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Judge.
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Run
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Thank you, Cathy. Good Morning.
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It's a pleasure to be here today...
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...and it's a pleasure to see each of you
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and be able to send a message
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which I hope you will listen.
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I don't know what life has in store for you.
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I don't know what life has in store for me from this moment on.
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But I know there's only one person...
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...one person in the whole world
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who can control what happens to me.
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That's me.
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And there's only one person in your life
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who can control what happens to you.
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And that's You
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Regardless of the past...
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...regardless of the sins they committed,
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you cannot go back and undo them.
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Today you will have the opportunity...
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...to experience
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what happens to people in prison.
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If you think it's worth it, I'll put you there.
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My parents bought me a motorbike.
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And it ended up being stolen.
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They paid $250 for it.
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I had it for two weeks.
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I think someone saw me walking with her and recognized her,
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and the police came to my house.
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They read the serial number and discovered it was stolen.
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It just so happened that I bought something that had been stolen.
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I tried to say there was something wrong
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and they said I was an overprotective mother.
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I said, "I don't know what that means,
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but I just want my son home."
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I was 12 years old and I wanted to take my little brother to the bus stop.
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When I was 12, I talked more than I should.
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I fought with the mother of a little girl.
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She said, "You shouldn't talk like that..."
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She wasn't as nice as I am being.
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School Incidence Report
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We got into a big fight, you know, "F...you" nonstop.
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You know, it passed. It was no big deal and I went to school.
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When I arrived, my director came
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and the first thing he said was:
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"We have to search you."
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I knew something was wrong when they took this child
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and arrested him several times.
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They never discussed guilt or innocence.
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They just kept going. Nobody could do anything.
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The person identified himself as Officer Rozitski
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and said I was calling about my daughter, Hillary.
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"She created a MySpace page and I'm going to arrest her."
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Ed was drinking.
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I remember Ed's dad telling me that
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he knew that Ed was drinking at a teenage party.
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He planned to go there with two policemen
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who were his friends,
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and they were going to go in, get Ed out of there
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and put something on it that would get it caught...
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...so that he would learn to stay in line.
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Little did I know that we didn't have the right,
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that he was in their custody.
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I was in eighth grade, I was 13 years old.
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A girl and I were friends.
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She was calling me whore and whore,
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saying "I hate you" and that we weren't friends anymore.
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So I threw a volleyball at her.
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When she passed by me,
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she threw her hair in my face
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and then I lost my cool, it's over.
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We ended up fighting.
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They took me to the office with the policeman,
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called my father,
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they told him to pick up his crazy daughter at school,
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because she was causing trouble.
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Your daughter was arrested for hitting a girl.
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The case should not have passed the local magistrate,
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if they weren't satisfied with suspending her for three days.
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Convoca��o
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Not for Juvenile Court.
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And then find out it was all greed.
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A girl pulled my father,
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took my arm and said, "Come with me."
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Judge Ciavarella,
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he didn't even want to know anything about my side of the story.
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JANUARY 14, 2005 - ADMISSION OCTOBER 16, 2009 - RELEASE
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I was only 14 years old.
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I couldn't believe what was happening.
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I was terrified.
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I cried in front of everyone in court for 30 minutes.
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I remember him turning to me,
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I will never forget that look.
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Former Luzerne County Judge Mark Ciavarella will stand trial today.
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Prosecutors say he ruined young people's lives,
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sending children to prisons for money.
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Two Pennsylvania judges confessed...
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... who received payments
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to send adolescents to private detention centers.
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Former judges Mark Ciavarella and Michael Conahan
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arrived in federal court...
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Accused of sending young...
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...to private detention centers.
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The evidence against the former judges
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were compiled by the FBI.
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In a scandal called "kids for money".
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A kids-for-money scheme...
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Corrupt judges receive bribes from the private sector.
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$2.6 million in bribes.
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For sentencing minors or prison.
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Pennsylvania court rules out juvenile convictions
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Guys, this is not a bribe,
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I call it a court bonus.
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Innocent to Profitable
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Minor offenders, sometimes without a history...
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corrupt judges
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...were taken to these judges
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...even for writing notes.
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I don't deserve this. I'm not a criminal.
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These people are wolves in sheep's clothing,
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because children trust these people.
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-The people of the country trusted him. -For sure.
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Luzerne County, Pennsylvania January 2009
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Times Leader, Terrie Morgan.
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Okay, you have a press conference.
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People are getting there now.
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Judge Conahan and Judge Ciavarella called for plea agreements
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for the federal government,
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confessing to fraud in a tax evasion case.
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For Ciavarella, the important thing was...
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...that he had an obligation to speak to the youth before him
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that he accepted money from the owner of the private detention center.
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As he didn't do that,
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he deprived the public of honest service.
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Crime or punishment? Parents question Ciavarella's judgment
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We interviewed Judge Ciavarella several times in 2004,
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when we started researching what happened in the Juvenile Court.
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We even went to one of the schools
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while he was giving a presentation,
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because he liked to do it.
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He went to every school, every year, and said:
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"If they commit a crime at school, I will arrest them."
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That was his justification,
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so when they appeared before him, no matter what the charge,
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he would ask, "Were you there when I said that?" "Yes."
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"Did you hear what I said?" "Yes."
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"What I said?" "That you were going to arrest me."
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"So what do you think will happen?"
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"You gonna put me away"
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"That's right. Get him out of here."
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I'm shy, but once someone gets to know me,
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finds out that I don't shut up and speak loudly.
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And I'm very cynical and ironic
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it's sarcastic and...
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My goal is to be the funny one.
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My friends and I started talking about how funny it would be
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if we made a fake MySpace page
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about the vice principal of the school.
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Then we decided that we had to do this.
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and that would be hilarious.
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Female 28 years old CANADENSIS, Pennsylvania, United States
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Hello. I'm the vice principal of the school...
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I consider myself fun
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outgoing and like to spend time reading silly magazines
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and thinking about Johnny Depp in his underwear! Uh ll ll!
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The policeman said that she was being accused of
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internet abuse, terrorism and stalking...
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...and theirs is a federal crime.
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And I thought, "My God!"
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I'm losing my mind.
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I told the policeman that he wasn't going
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talk to my daughter without a lawyer
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and that's when he started screaming.
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Speaking that mothers like me try to get their children to be released
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and that is why we have bad children.
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When I said I wouldn't use a lawyer,
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he became calmer.
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He said that if we cooperated,
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we would receive the instructions in the mail.
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And I thought, "He said if we cooperate,
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everything will be fine."
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When I got off the elevator, there were tables
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and the woman gave me a leaf,
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a form, blank.
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She said, "Do you have a lawyer?" And I said, "No."
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She said, "Sign here."
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Okay, so I signed it.
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We were taken straight to court.
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The judge leaned across the table and shouted:
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"What makes you think you can do that kind of shit?"
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And I was holding Hillary's shoulder, so I felt her go back.
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I whispered in her ear, "It's okay."
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Things moved quickly at court.
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About 60 seconds.
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And when I was being handcuffed,
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I heard my mother crying next to me
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and the woman who was handcuffing me said:
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"Look what you did to your mother."
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And I was... I was completely confused.
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What went through my head was: "They took my daughter away from me.
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Her physical and legal custody was no longer mine.
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And they will take her, is what that means."
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I didn't know what to do. I was speechless.
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And then I started making calls.
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For the local public defender's office, for the state, for the governor's line.
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They told me to call the ACLU,
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and sent me to a woman at Rutgers University in New Jersey.
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She said, "You're in Pennsylvania, I can't help you,
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but I know great people
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of the Philadelphia Juvenile Law Center."
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Philadelphia, Pennsylvania
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We received a call from Laurene Transue,
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m e of Hillary Transue,
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which told an eerily familiar story.
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Juvenile Law Center advancing the rights of minors in danger
260
00:14:59,865 --> 00:15:03,285
We first met Judge Ciavarella in 1999.
261
00:15:03,410 --> 00:15:06,786
We got a call from a mother...
262
00:15:07,039 --> 00:15:10,417
...who contacted us about their 12-year-old son
263
00:15:10,501 --> 00:15:13,212
who had been judged as an offender by Judge Ciavarella.
264
00:15:15,047 --> 00:15:16,966
We are especially interested
265
00:15:17,133 --> 00:15:19,551
due to the fact that he appeared without a lawyer,
266
00:15:19,635 --> 00:15:22,054
violating their constitutional rights.
267
00:15:22,138 --> 00:15:23,472
So we contest the judgment
268
00:15:23,555 --> 00:15:27,434
and the Supreme Court overturned the young man's judgment as an offender.
269
00:15:28,935 --> 00:15:29,979
We had the impression...
270
00:15:30,062 --> 00:15:32,064
"I will never do it again," Ciavarella said of allowing a defendant to
271
00:15:32,148 --> 00:15:33,190
don't have a lawyer.
272
00:15:33,274 --> 00:15:34,275
...that Ciavarella learned.
273
00:15:34,358 --> 00:15:36,402
But then we met Hillary Transue's mother,
274
00:15:36,485 --> 00:15:37,903
how was Ciavarella,
275
00:15:38,070 --> 00:15:42,158
and as it was an identical situation,
276
00:15:42,241 --> 00:15:45,119
we wanted to understand if it was or not
277
00:15:45,327 --> 00:15:46,662
a bigger problem.
278
00:15:46,787 --> 00:15:48,122
And Hillary suggested it was.
279
00:15:48,205 --> 00:15:50,416
She said, "I wasn't the only one in the place
280
00:15:50,832 --> 00:15:52,001
who was tried without a lawyer."
281
00:15:54,295 --> 00:15:56,422
We started to see state data.
282
00:15:56,630 --> 00:15:59,050
The waiver fee for Luzerne County representation was
283
00:15:59,133 --> 00:16:01,593
ten times higher than in the rest of the state.
284
00:16:02,136 --> 00:16:03,970
So there were many children
285
00:16:04,055 --> 00:16:05,847
without representation that they ended up arrested.
286
00:16:06,223 --> 00:16:09,268
These were very important clues.
287
00:16:09,351 --> 00:16:11,478
The question for us was:
288
00:16:11,562 --> 00:16:13,980
"What was going on in Ciavarella's court?"
289
00:16:14,690 --> 00:16:17,859
We investigated further and stayed outside the Juvenile Court.
290
00:16:18,110 --> 00:16:21,697
We started listening to the children to find out what happened.
291
00:16:21,863 --> 00:16:25,242
Several of them were imprisoned for very minor crimes.
292
00:16:26,660 --> 00:16:27,869
Something was wrong.
293
00:16:28,162 --> 00:16:31,207
I wanted to go to the top of the Times Leader building and shout:
294
00:16:31,457 --> 00:16:35,001
"Somebody see what's going on here. Somebody see this."
295
00:16:35,211 --> 00:16:37,671
When we mount the image
296
00:16:37,838 --> 00:16:39,798
of what went on at Ciavarella's court,
297
00:16:39,881 --> 00:16:42,176
we realize that
298
00:16:42,468 --> 00:16:45,721
to such a promise by Ciavarella from 2001,
299
00:16:45,887 --> 00:16:48,432
to respect the constitutional right to representation,
300
00:16:48,640 --> 00:16:49,850
it was an empty promise.
301
00:16:49,975 --> 00:16:51,643
We had to make a decision about
302
00:16:51,727 --> 00:16:53,979
the legal measures are at our disposal.
303
00:16:54,063 --> 00:16:57,064
We made a petition...
304
00:16:57,566 --> 00:16:58,775
...at the Pennsylvania Supreme Court to fix this.
305
00:16:58,859 --> 00:17:01,070
For us, tidying up meant undoing
306
00:17:01,153 --> 00:17:02,988
the sentence of these children
307
00:17:03,072 --> 00:17:05,366
and delete them from their registry.
308
00:17:05,491 --> 00:17:08,034
We didn't know about the problem of not having representation.
309
00:17:08,202 --> 00:17:10,454
We only discovered this in 2008,
310
00:17:10,537 --> 00:17:12,623
when the Center filed the petition.
311
00:17:13,999 --> 00:17:17,711
We have been inundated with calls from parents saying:
312
00:17:17,836 --> 00:17:19,004
"That happened to me too.
313
00:17:19,255 --> 00:17:20,422
They said I didn't need a lawyer.
314
00:17:20,506 --> 00:17:23,092
I walked in and within three minutes my son was chained up."
315
00:17:23,175 --> 00:17:24,176
Parents get in touch
316
00:17:24,260 --> 00:17:26,803
One story after another. I swear it was over and over again.
317
00:17:26,928 --> 00:17:29,431
All independently told the same story.
318
00:17:29,515 --> 00:17:30,682
As soon as we present
319
00:17:30,766 --> 00:17:33,602
this request to the Supreme Court of Pennsylvania,
320
00:17:33,685 --> 00:17:36,605
we got a call from someone who said
321
00:17:36,730 --> 00:17:38,190
work for the FBI.
322
00:17:38,399 --> 00:17:41,485
It's not a call we get every day here at the Center.
323
00:17:41,568 --> 00:17:44,155
But after speaking with Marsha and the team here
324
00:17:44,238 --> 00:17:46,573
and learn how the juvenile justice system works
325
00:17:46,657 --> 00:17:48,284
and what we thought was going on,
326
00:17:49,451 --> 00:17:52,204
they got a search warrant and seized the records.
327
00:17:53,955 --> 00:17:57,168
What they were interested in knowing from us was:
328
00:17:57,293 --> 00:18:01,046
"What do you think is going on in Ciavarella's court?
329
00:18:01,255 --> 00:18:02,798
How did you arrive at this conclusion?
330
00:18:02,923 --> 00:18:05,467
It tells about violations of the right to representation."
331
00:18:12,599 --> 00:18:14,976
She was a good girl, I have to admit.
332
00:18:15,144 --> 00:18:17,604
She couldn't do everything she wanted.
333
00:18:17,688 --> 00:18:20,191
She had an older brother and two older sisters.
334
00:18:20,774 --> 00:18:23,610
They took care of her, but she was happy.
335
00:18:23,694 --> 00:18:24,861
Yes.
336
00:18:24,945 --> 00:18:27,573
She was not a sad girl. She was never depressed.
337
00:18:27,656 --> 00:18:29,158
And she was a singer.
338
00:18:29,450 --> 00:18:30,701
She was in the choir.
339
00:18:30,951 --> 00:18:32,578
When I was little,
340
00:18:32,661 --> 00:18:36,415
Amanda and her sister missed only one day of school.
341
00:18:37,708 --> 00:18:42,421
My parents separated, but we still spent time together.
342
00:18:43,339 --> 00:18:44,715
I was a straight A student.
343
00:18:44,840 --> 00:18:46,508
Then I started not doing so well.
344
00:18:46,592 --> 00:18:48,594
As I got older, I started being average,
345
00:18:48,677 --> 00:18:49,886
I didn't pay as much attention.
346
00:18:50,011 --> 00:18:53,390
I had a group of friends who weren't very...
347
00:18:53,515 --> 00:18:54,933
that my parents didn't approve of,
348
00:18:55,016 --> 00:18:56,435
but there was another group that
349
00:18:56,685 --> 00:18:59,062
it was very positive for me.
350
00:18:59,188 --> 00:19:01,482
At school, I tried hard to stay out of trouble,
351
00:19:01,565 --> 00:19:03,775
but it didn't always work.
352
00:19:03,942 --> 00:19:06,737
That's where it all started.
353
00:19:08,029 --> 00:19:12,117
Raising the four boys wasn't easy, but we did a lot together.
354
00:19:12,201 --> 00:19:13,910
We had difficulties,
355
00:19:13,994 --> 00:19:16,288
I was single and had only one salary.
356
00:19:16,413 --> 00:19:19,165
I remember we had family game night.
357
00:19:19,666 --> 00:19:21,252
We played all night,
358
00:19:21,335 --> 00:19:22,336
which I thought was really cool,
359
00:19:22,419 --> 00:19:24,087
because people do that in commercials.
360
00:19:24,213 --> 00:19:26,798
Then you think: "This is how it should be.
361
00:19:26,965 --> 00:19:28,550
If you don't do this, it's wrong."
362
00:19:28,717 --> 00:19:31,303
At the time, Justin was troubled, I was recently divorced.
363
00:19:32,471 --> 00:19:33,472
He wasn't a bad kid.
364
00:19:33,555 --> 00:19:35,140
He was just getting cocky.
365
00:19:35,557 --> 00:19:38,352
Justin has always been busy. He was extremely smart.
366
00:19:38,435 --> 00:19:40,937
He had a genius IQ when he was seven.
367
00:19:41,062 --> 00:19:44,190
I started creating websites and liking computers.
368
00:19:44,275 --> 00:19:47,903
But that was before I got arrested and all.
369
00:19:49,238 --> 00:19:52,115
I think I lived a normal childhood.
370
00:19:53,784 --> 00:19:57,288
I did everything every child does.
371
00:19:57,788 --> 00:20:01,875
I grew up camping. Only in forests and things around here.
372
00:20:02,251 --> 00:20:05,837
My favorite thing was being with my family.
373
00:20:05,921 --> 00:20:07,381
It was the time he spent with them.
374
00:20:08,590 --> 00:20:10,926
When Charlie went to school,
375
00:20:11,051 --> 00:20:13,595
he wanted to go to school.
376
00:20:13,845 --> 00:20:15,806
On the first day of school, he was
377
00:20:15,889 --> 00:20:17,683
and came back and said, "I won't."
378
00:20:17,766 --> 00:20:20,018
And he's had a lot of trouble since then.
379
00:20:21,437 --> 00:20:25,816
There's a piece of skin that grows on the underside of the mouth,
380
00:20:25,899 --> 00:20:27,901
he had grown to his teeth,
381
00:20:27,984 --> 00:20:31,530
making him pronounce the vowels badly,
382
00:20:31,613 --> 00:20:34,325
but every sound in the alphabet sounded bad.
383
00:20:35,158 --> 00:20:38,954
When he left elementary school,
384
00:20:39,162 --> 00:20:42,666
they placed him in the Plains Alternative Learning Center.
385
00:20:42,749 --> 00:20:47,838
And that's where the problem started.
386
00:20:47,921 --> 00:20:50,466
He would come home and say, "I shouldn't be there.
387
00:20:50,632 --> 00:20:53,344
I don't know where I should be, but this school is not for me."
388
00:20:53,677 --> 00:20:55,971
He would say, "Mother, these children are bad."
389
00:20:56,638 --> 00:21:00,434
When I turned 14, things only got worse.
390
00:21:02,603 --> 00:21:03,895
On the first day at court,
391
00:21:03,979 --> 00:21:05,397
I already entered with a feeling
392
00:21:05,481 --> 00:21:07,441
that something big and unexpected was going to happen.
393
00:21:07,524 --> 00:21:10,068
I was already scared when I woke up in bed in the morning.
394
00:21:10,151 --> 00:21:12,779
"Something is going to happen. I'm going to see a very powerful guy.
395
00:21:12,863 --> 00:21:14,030
I can get hurt."
396
00:21:14,114 --> 00:21:16,367
We arrived at the court building.
397
00:21:16,492 --> 00:21:18,284
and it was full, with several people.
398
00:21:20,203 --> 00:21:22,956
I didn't find anything out of the ordinary.
399
00:21:23,039 --> 00:21:25,334
I thought I was going to go home and everything.
400
00:21:25,459 --> 00:21:27,419
The dome inside the court is very large.
401
00:21:27,503 --> 00:21:29,588
It's like it was made to make you feel small.
402
00:21:29,713 --> 00:21:32,674
It was meant to scare me, and it worked.
403
00:21:33,008 --> 00:21:36,136
We were there literally a minute and a half tops.
404
00:21:36,470 --> 00:21:39,139
The judge already had everything in front of him.
405
00:21:39,305 --> 00:21:42,225
He just looked at some papers and told me
406
00:21:42,976 --> 00:21:47,105
that I was a problem child.
407
00:21:48,148 --> 00:21:49,858
And I didn't think it was.
408
00:21:50,275 --> 00:21:51,943
It wasn't just the bike.
409
00:21:52,027 --> 00:21:54,405
Judge Ciavarella took into account
410
00:21:54,488 --> 00:21:57,157
that Charlie had problems at school.
411
00:21:57,408 --> 00:21:58,409
How did he speak?
412
00:21:58,492 --> 00:22:03,705
"It seems that the parents have lost control of the child."
413
00:22:03,872 --> 00:22:09,461
And he said, "I think it's time to get this kid back on track."
414
00:22:09,753 --> 00:22:14,049
He said, "Camp Adams for 90 days."
415
00:22:15,091 --> 00:22:17,093
And they handcuffed my son and took him away.
416
00:22:17,177 --> 00:22:19,888
That was...
417
00:22:21,056 --> 00:22:22,766
They shouldn't do this.
418
00:22:23,058 --> 00:22:25,226
They shouldn't do that in front of their parents.
419
00:22:25,393 --> 00:22:27,688
It was the most horrible thing.
420
00:22:28,980 --> 00:22:32,317
I will never forget that part.
421
00:22:34,570 --> 00:22:37,573
They made me kneel on a chair,
422
00:22:37,656 --> 00:22:40,826
they lifted up my pants and handcuffed my legs.
423
00:22:41,242 --> 00:22:43,244
There's a belt they use to fasten...
424
00:22:43,328 --> 00:22:45,789
A belt, they tied it in the back and left me handcuffed
425
00:22:45,872 --> 00:22:49,334
until we got to the place of detention, it was crazy.
426
00:22:49,417 --> 00:22:52,128
I felt like an adult
427
00:22:52,295 --> 00:22:54,255
going to a big prison.
428
00:22:54,590 --> 00:22:57,884
If I'm 13
429
00:22:57,968 --> 00:23:01,555
and I'm in gray sweatpants with cuffs on my hands and feet,
430
00:23:01,888 --> 00:23:04,432
I feel like a very, very bad child.
431
00:23:04,516 --> 00:23:07,519
While I had them in my hands, and I thought... I don't...
432
00:23:07,603 --> 00:23:08,645
I was confused.
433
00:23:09,980 --> 00:23:12,608
They put us in a van and took us to the LCJC.
434
00:23:14,442 --> 00:23:16,027
Usually you see the grids first,
435
00:23:16,194 --> 00:23:18,321
six-meter railings with barbed wire lines
436
00:23:18,404 --> 00:23:20,741
as if I were a criminal, a murderer.
437
00:23:20,907 --> 00:23:23,076
And that's how you feel. Do you think:
438
00:23:23,368 --> 00:23:25,787
"I'm one of those people you see in movies."
439
00:23:29,124 --> 00:23:31,209
I woke up in a nice bed with my family
440
00:23:31,292 --> 00:23:34,087
and went to sleep with cockroaches and criminals.
441
00:23:36,256 --> 00:23:38,592
When I entered a room, I had to look for cockroaches,
442
00:23:38,675 --> 00:23:40,594
to make sure there were no cockroaches.
443
00:23:41,302 --> 00:23:43,221
everything is dirty, with stains on the wall
444
00:23:43,304 --> 00:23:45,015
and with echo, like in prison movies...
445
00:23:45,098 --> 00:23:46,850
Through the cell blocks.
446
00:23:46,975 --> 00:23:48,351
I was scared every day.
447
00:23:48,434 --> 00:23:51,146
I was scared every day because I wasn't at home.
448
00:23:51,980 --> 00:23:53,982
I hate the fact that I can't go to school.
449
00:23:54,065 --> 00:23:56,985
That's what childhood is, growing up and going to school.
450
00:23:58,695 --> 00:24:02,157
You never realize how much you miss your parents until you're away from them.
451
00:24:04,910 --> 00:24:07,120
I felt like my heart was ripped out.
452
00:24:07,245 --> 00:24:09,122
I was depressed.
453
00:24:10,707 --> 00:24:13,585
You can't do anything, not even talk to anyone to come back earlier.
454
00:24:13,669 --> 00:24:15,921
As you would in prison, you cannot post bail.
455
00:24:16,797 --> 00:24:19,257
They treat you like a piece of shit.
456
00:24:20,341 --> 00:24:22,510
They talk to you however they want.
457
00:24:26,181 --> 00:24:28,559
All the kids look at you and think, "Who is he?
458
00:24:28,725 --> 00:24:30,101
Will I have to worry?
459
00:24:30,185 --> 00:24:31,603
Or can I get his stuff?"
460
00:24:33,730 --> 00:24:36,107
I spoke to staff more than residents.
461
00:24:36,357 --> 00:24:39,861
I felt safer because an employee wouldn't hit me.
462
00:24:39,986 --> 00:24:41,196
At least not in that place.
463
00:24:43,531 --> 00:24:46,367
There was a lot of physical training.
464
00:24:46,577 --> 00:24:49,370
Run, do jumping jacks and such.
465
00:24:50,455 --> 00:24:53,041
And you were in the cell almost all day.
466
00:24:54,042 --> 00:24:56,544
I only go out to eat
467
00:24:56,962 --> 00:24:58,379
three times a day.
468
00:25:00,966 --> 00:25:03,384
For the first two weeks, I didn't even have a pillow.
469
00:25:04,886 --> 00:25:06,930
You need to earn the pillow.
470
00:25:08,014 --> 00:25:11,226
You just stay in that little room,
471
00:25:12,894 --> 00:25:16,732
doing homework and everything read.
472
00:25:18,734 --> 00:25:21,486
At the end of the sentence, a boy said: "I went home" and then:
473
00:25:21,569 --> 00:25:22,988
"I brought some marijuana."
474
00:25:23,071 --> 00:25:24,948
I was 12 years old, I had never tried it.
475
00:25:25,031 --> 00:25:27,743
I was interested because, after three months with criminals,
476
00:25:27,826 --> 00:25:31,287
you think, "Yeah, I do, man. I want to try it too."
477
00:25:33,749 --> 00:25:37,543
It was the first one I tried on and I thought, "Wow, that's cool."
478
00:25:37,753 --> 00:25:40,588
Not the getting high part, but the bonding part.
479
00:25:42,758 --> 00:25:44,425
I wrote many letters.
480
00:25:45,135 --> 00:25:48,013
Not letters, they were more, I don't know,
481
00:25:48,096 --> 00:25:49,555
poetic things.
482
00:25:51,808 --> 00:25:55,270
"Life brings us challenges that we need to overcome
483
00:25:55,353 --> 00:25:56,562
"An Attitude of Love"
484
00:25:56,647 --> 00:26:00,692
And sometimes the deviations can dull the senses
485
00:26:02,277 --> 00:26:05,739
Life is full of blocks we pass along the way
486
00:26:06,281 --> 00:26:10,076
But they can become a stepping stone when love is at stake.
487
00:26:11,662 --> 00:26:15,248
When there is an obstacle that we need to overcome
488
00:26:15,331 --> 00:26:18,626
It's good to overcome it with an attitude of love
489
00:26:18,794 --> 00:26:22,964
Because anger doesn't solve anything and stress brings us down
490
00:26:23,048 --> 00:26:26,843
But love opens the door where we find hope
491
00:26:28,970 --> 00:26:33,141
Life brings us challenges that we need to overcome.
492
00:26:33,725 --> 00:26:37,645
And blessed is he who can maintain an attitude of love."
493
00:26:40,982 --> 00:26:43,151
I tried to write a letter to the judge.
494
00:26:43,777 --> 00:26:46,822
I said: "I learned my lesson.
495
00:26:46,905 --> 00:26:48,614
I never fought before.
496
00:26:48,740 --> 00:26:50,909
I apologize. Can you give me another chance?"
497
00:26:50,992 --> 00:26:53,036
I asked him to leave me under house arrest.
498
00:26:53,119 --> 00:26:55,747
It said, "Can I stay on parole? I want to see my family.
499
00:26:55,831 --> 00:26:58,124
This is strange to me." And I said all this to him.
500
00:27:01,002 --> 00:27:02,838
I didn't get anything back.
501
00:27:04,715 --> 00:27:07,300
I just gave up and served my sentence.
502
00:27:08,676 --> 00:27:10,636
And then, four years of my life passed,
503
00:27:10,721 --> 00:27:12,680
and it goes on and on.
504
00:27:19,687 --> 00:27:22,899
Children were being sold for money
505
00:27:23,358 --> 00:27:26,361
by former chief judge of Luzerne County
506
00:27:26,444 --> 00:27:29,364
and Juvenile Court Judge Mark Ciavarella.
507
00:27:30,365 --> 00:27:33,368
And we're talking about what happened to them
508
00:27:33,451 --> 00:27:37,247
in the hands of that abusive judge.
509
00:27:37,330 --> 00:27:41,877
I'm Corbett and you're listening to WILK AM, 103.1 FM.
510
00:27:42,585 --> 00:27:43,586
Hello, judge.
511
00:27:44,170 --> 00:27:46,339
Jim Avila told ABC News, 20/20.
512
00:27:46,840 --> 00:27:47,841
people are thinking
513
00:27:47,924 --> 00:27:50,510
like a man as distinguished as you
514
00:27:50,593 --> 00:27:53,263
could have gotten into so much trouble
515
00:27:53,346 --> 00:27:54,680
and sold these children?
516
00:27:54,765 --> 00:27:56,224
Well, let's stop here.
517
00:27:56,307 --> 00:27:57,976
I didn't sell children.
518
00:27:58,059 --> 00:28:01,479
I clearly showed him the prosecutor's charges,
519
00:28:01,562 --> 00:28:03,731
that he sentenced children for money.
520
00:28:03,815 --> 00:28:05,191
It's not what you think.
521
00:28:05,275 --> 00:28:07,778
Talk to people at Luzerne County Juvenile Court
522
00:28:07,861 --> 00:28:09,237
and you will understand what I say.
523
00:28:09,320 --> 00:28:11,782
This does not mean that you received dirty money.
524
00:28:11,865 --> 00:28:14,785
Why put juvenile offenders on state Children's Assistance?
525
00:28:14,868 --> 00:28:16,577
Yes, that's what it says.
526
00:28:16,912 --> 00:28:18,163
We reached an agreement.
527
00:28:18,246 --> 00:28:21,166
I will not confess anything related to earning money for children,
528
00:28:21,249 --> 00:28:24,836
fraud, extortion, what for what? Absolutely no.
529
00:28:26,254 --> 00:28:29,340
The judges initially asked prosecutors for a deal.
530
00:28:29,424 --> 00:28:31,843
in January 2009.
531
00:28:31,927 --> 00:28:33,553
And the agreement they signed
532
00:28:33,636 --> 00:28:35,763
specified a sentence of 87 months.
533
00:28:35,931 --> 00:28:37,015
FBI, IRS say child scheme embezzled $2.6 million
534
00:28:37,098 --> 00:28:38,183
Ciaveralla, Conahan agrees to plead guilty
535
00:28:38,266 --> 00:28:40,393
But during that period,
536
00:28:40,476 --> 00:28:43,563
Ciavarella spoke publicly
537
00:28:43,646 --> 00:28:47,067
who stood by his claim that he had done nothing wrong.
538
00:28:47,275 --> 00:28:49,152
I specifically remember one time
539
00:28:49,235 --> 00:28:52,113
when he was talking to a TV network,
540
00:28:52,781 --> 00:28:56,201
he firmly maintained that he had never arrested a child for money.
541
00:28:56,326 --> 00:28:59,830
It had always been for the young man's sake,
542
00:29:00,371 --> 00:29:01,832
and he said so.
543
00:29:01,915 --> 00:29:05,585
I watched, looked at my husband and said, "You know what?
544
00:29:05,668 --> 00:29:07,503
That judge will reject the deal
545
00:29:07,587 --> 00:29:08,754
because of what he said."
546
00:29:08,839 --> 00:29:10,381
Good evening everyone, I'm Candice Kelly.
547
00:29:10,465 --> 00:29:11,549
And I'm Drew Speier.
548
00:29:11,632 --> 00:29:14,552
Ciavarella and Conahan were accused of orchestrating
549
00:29:14,635 --> 00:29:18,348
what was considered one of the biggest judicial scandals ever seen,
550
00:29:18,431 --> 00:29:20,350
but their requests for settlement were denied.
551
00:29:20,433 --> 00:29:23,812
Now, the prosecution has registered a new case.
552
00:29:23,895 --> 00:29:28,774
In February, Conahan and Ciavarella confessed to tax evasion
553
00:29:28,859 --> 00:29:31,194
and were sentenced to a sentence of seven years.
554
00:29:31,444 --> 00:29:33,822
In July, a federal judge overturned that agreement.
555
00:29:35,156 --> 00:29:37,242
Conahan was called an obstructionist,
556
00:29:37,325 --> 00:29:40,286
and the federal judge defends that Ciavarella denied his participation
557
00:29:40,370 --> 00:29:43,164
in receiving money for the imprisonment of children.
558
00:29:43,248 --> 00:29:45,125
Now they are accused of money laundering,
559
00:29:45,208 --> 00:29:50,671
bribery, extortion, fraud and federal tax violations.
560
00:29:53,049 --> 00:29:55,801
My customers are angry about everything, you know?
561
00:29:55,969 --> 00:30:01,599
A guy who has one of the best jobs possible, a judge,
562
00:30:01,682 --> 00:30:06,021
an honorable job, getting paid a lot of money.
563
00:30:06,687 --> 00:30:08,857
I'm not even counting all the advantages, you know how it is?
564
00:30:08,940 --> 00:30:12,068
Does he need to do this even though he has so many things?
565
00:30:12,152 --> 00:30:13,528
This is pure greed.
566
00:30:15,363 --> 00:30:18,950
He was a public servant. People trusted him.
567
00:30:19,034 --> 00:30:21,161
And he took advantage of us,
568
00:30:21,244 --> 00:30:23,329
this is very discouraging and revolting.
569
00:30:23,413 --> 00:30:25,706
he took advantage
570
00:30:25,790 --> 00:30:28,877
of children who may have made a mistake somewhere along the way.
571
00:30:29,419 --> 00:30:32,213
He took it to the extreme, like that fight at a school.
572
00:30:32,297 --> 00:30:34,632
We've all fought at school, you know what I mean?
573
00:30:34,715 --> 00:30:38,511
Simple things they shouldn't be sent to the detention center for.
574
00:30:40,305 --> 00:30:42,933
I've known Mark Ciavarella for a long time.
575
00:30:43,016 --> 00:30:45,977
He was a decent person,
576
00:30:46,061 --> 00:30:49,105
and I was shocked when I found out what was going on.
577
00:30:50,148 --> 00:30:52,650
I think he was, I wouldn't say a victim,
578
00:30:52,733 --> 00:30:56,905
but he got himself into a bad situation.
579
00:31:00,158 --> 00:31:03,161
As the agreement was rejected,
580
00:31:03,244 --> 00:31:05,080
he wasn't talking to the media.
581
00:31:05,413 --> 00:31:07,332
He learned to be quiet.
582
00:31:07,790 --> 00:31:09,667
Are you ready to go to prison, Mark?
583
00:31:16,757 --> 00:31:21,679
I didn't tell my lawyer that I agreed with this documentary.
584
00:31:22,472 --> 00:31:27,310
And maybe doing that will end up hurting me.
585
00:31:28,519 --> 00:31:32,773
But I felt it was an opportunity for them to know what really happened.
586
00:31:33,441 --> 00:31:37,195
I'm not some crazy judge who was throwing kids
587
00:31:37,278 --> 00:31:40,406
and sending them away, arresting and handcuffing them.
588
00:31:40,490 --> 00:31:43,952
Nobody saw the whole picture.
589
00:31:44,119 --> 00:31:46,162
They only wanted to look at part of the picture.
590
00:31:47,663 --> 00:31:50,291
All media focused on money for children.
591
00:31:50,959 --> 00:31:54,462
If the cops wanted to accuse us of that,
592
00:31:54,920 --> 00:31:57,257
they can accuse and we go to trial.
593
00:32:00,135 --> 00:32:02,928
When Mark ran for judge, I didn't know him that well.
594
00:32:03,304 --> 00:32:05,556
He took office in 1996.
595
00:32:05,640 --> 00:32:06,891
Then we started to work together
596
00:32:06,975 --> 00:32:08,768
and to develop a relationship and a friendship.
597
00:32:09,727 --> 00:32:13,356
And we became very good friends and still are.
598
00:32:14,149 --> 00:32:16,734
Mark was a strict judge...
599
00:32:17,986 --> 00:32:21,072
...but the feedback I received when I was chief judge
600
00:32:21,156 --> 00:32:24,075
from the police, parents,
601
00:32:24,159 --> 00:32:26,911
superintendents in schools and directors
602
00:32:26,995 --> 00:32:28,704
was that it was working.
603
00:32:29,455 --> 00:32:35,086
He was doing a good job. No lawyer or anyone came to me
604
00:32:35,170 --> 00:32:38,381
to say that Mark didn't do a good job as a judge,
605
00:32:38,506 --> 00:32:41,092
or that he didn't have the best interests of the children in mind.
606
00:32:43,178 --> 00:32:46,181
Ciavarella said: "I pleaded not guilty in the case.
607
00:32:46,264 --> 00:32:47,723
I didn't arrest children for money."
608
00:32:47,890 --> 00:32:50,601
But in fact, he never pleaded guilty in the case.
609
00:32:50,685 --> 00:32:53,521
This is where the kids-for-money angle was born.
610
00:32:54,272 --> 00:32:57,942
People saw that the judge sent children to a center.
611
00:32:58,026 --> 00:32:59,819
He received money from the center.
612
00:32:59,902 --> 00:33:02,863
They saw the facts and realized
613
00:33:03,031 --> 00:33:05,908
that this was a simplification of what had happened.
614
00:33:06,534 --> 00:33:10,746
Mark began talking about the dire conditions at the center,
615
00:33:11,372 --> 00:33:13,333
went to the commissioners and said:
616
00:33:13,416 --> 00:33:15,876
"We need to build a new detention center."
617
00:33:18,213 --> 00:33:20,631
The commissioners said they would build a building,
618
00:33:20,715 --> 00:33:23,384
but they wanted to wait until after the election.
619
00:33:24,219 --> 00:33:28,889
The election passed. No buildings were being constructed.
620
00:33:29,224 --> 00:33:34,187
From that point on, my goal was to have a center that was safe
621
00:33:35,020 --> 00:33:38,733
and clean, a place where I would feel comfortable
622
00:33:38,816 --> 00:33:40,318
if my children went there.
623
00:33:41,486 --> 00:33:43,946
Judge Ciavarella came to see me one day and said:
624
00:33:44,029 --> 00:33:47,367
"These guys are not going to build this thing. It will never get done.
625
00:33:47,492 --> 00:33:49,869
You're good at getting investors together and getting things done.
626
00:33:51,079 --> 00:33:53,123
So why don't you get investors together
627
00:33:53,206 --> 00:33:57,001
to build a juvenile detention center to be used by the courts?"
628
00:33:57,085 --> 00:33:58,544
I said, "Okay. I'll do it."
629
00:34:01,756 --> 00:34:04,550
Judge Conahan was very qualified to enter into this agreement.
630
00:34:04,675 --> 00:34:06,010
Trained in Finance,
631
00:34:06,302 --> 00:34:08,304
in addition to being very rich and a shrewd businessman.
632
00:34:09,472 --> 00:34:12,350
He had several businesses besides being a judge.
633
00:34:12,600 --> 00:34:15,353
So Conahan decided he was going to look for investors,
634
00:34:15,436 --> 00:34:17,313
including Robert Powell, a good friend of his...
635
00:34:18,481 --> 00:34:21,776
...to see if they could raise money to build a private center
636
00:34:21,859 --> 00:34:23,986
that they could offer the region.
637
00:34:24,362 --> 00:34:27,240
Powell did it. Then it all comes back to Ciavarella.
638
00:34:28,449 --> 00:34:30,285
He was good friends with Robert Mericle.
639
00:34:30,368 --> 00:34:32,787
He had known him since Mericle was a child.
640
00:34:33,037 --> 00:34:35,039
Mericle had a construction company
641
00:34:35,123 --> 00:34:37,667
specializing in commercial contracts.
642
00:34:37,875 --> 00:34:40,753
He suggested that Mericle send him a quote, and Mericle agreed.
643
00:34:42,297 --> 00:34:44,632
He had the smallest budget, he won the contract
644
00:34:44,715 --> 00:34:47,802
and built the center, which was owned by Powell and the others.
645
00:34:49,094 --> 00:34:52,473
At some point, Robert Mericle walked into Ciavarella's office...
646
00:34:53,641 --> 00:34:56,269
...and told him that he would pay a commission
647
00:34:56,352 --> 00:34:58,396
because he recommended it.
648
00:34:58,479 --> 00:35:00,356
Ciavarella single-handedly decided that
649
00:35:00,440 --> 00:35:03,193
I was going to split it fifty-fifty with Judge Conahan.
650
00:35:03,609 --> 00:35:05,736
His logic was that Judge Conahan was the one
651
00:35:05,820 --> 00:35:07,655
worked out the whole business,
652
00:35:07,738 --> 00:35:09,740
and he felt that he owed him half the money.
653
00:35:12,410 --> 00:35:16,747
Rob Mericle won the contract, and after that...
654
00:35:17,957 --> 00:35:20,876
...he told me, and I'll never forget it: "It's your lucky day."
655
00:35:21,586 --> 00:35:23,588
Then he told me he was going to pay me a commission
656
00:35:23,671 --> 00:35:24,672
and I asked him:
657
00:35:24,755 --> 00:35:26,924
"Is this cool? Can you do this?"
658
00:35:27,007 --> 00:35:28,218
And he said, "I always do that.
659
00:35:28,301 --> 00:35:31,262
Whenever someone brings me a project, I pay a commission,
660
00:35:31,346 --> 00:35:32,847
and I'll buy one for you."
661
00:35:36,976 --> 00:35:40,480
It was 10% of the construction costs, US$ 2.2 million.
662
00:35:47,653 --> 00:35:51,156
I'm really good at it. I'm a journalist. It's my job.
663
00:35:51,241 --> 00:35:55,661
Now, from the Entercom radio studios in northeast Pennsylvania,
664
00:35:55,745 --> 00:35:57,705
here is Corbett.
665
00:35:57,955 --> 00:36:01,209
We are talking about justice. We are talking about lawyers.
666
00:36:01,292 --> 00:36:03,794
We're talking kids for money.
667
00:36:04,545 --> 00:36:08,048
Let's talk to Michelle. Michelle calling from Harveys Lake.
668
00:36:08,132 --> 00:36:10,050
What do you think of this, Michelle?
669
00:36:10,468 --> 00:36:14,555
I don't think the people involved
670
00:36:14,639 --> 00:36:17,141
believed it was a commission.
671
00:36:17,517 --> 00:36:22,313
When you pay a judge for something other than work
672
00:36:22,397 --> 00:36:25,900
for which he receives,
673
00:36:26,609 --> 00:36:29,153
this is a bribe. They call it a bribe.
674
00:36:31,406 --> 00:36:35,660
They accepted approximately $2 million from Robert Mericle.
675
00:36:35,743 --> 00:36:37,161
They said it was a commission.
676
00:36:37,787 --> 00:36:42,082
Commissions are not illegal. There are several in real estate.
677
00:36:42,833 --> 00:36:44,919
What happened to Ciavarella, illegality is
678
00:36:45,002 --> 00:36:48,381
in the fact that he receives money and then takes court decisions
679
00:36:48,464 --> 00:36:51,091
without notifying the people who appeared before him
680
00:36:51,175 --> 00:36:52,260
that he received the money.
681
00:36:53,678 --> 00:36:56,096
And he also did not declare the income he received
682
00:36:56,180 --> 00:36:57,932
on that year's tax return.
683
00:36:58,349 --> 00:37:00,476
He just admitted it.
684
00:37:00,560 --> 00:37:04,314
He did not admit anything else connected with the children for money case.
685
00:37:05,773 --> 00:37:09,694
The first amounts we received were paid to Beverage Marketing.
686
00:37:09,777 --> 00:37:11,696
One of Mike Conahan's companies.
687
00:37:11,779 --> 00:37:12,905
He said, "Look...
688
00:37:14,073 --> 00:37:16,867
I'll pay taxes on that money."
689
00:37:16,951 --> 00:37:19,244
Unfortunately for me, he never paid the taxes.
690
00:37:20,538 --> 00:37:23,874
What I did ethically wrong was not mentioning Rob Mericle
691
00:37:23,958 --> 00:37:27,002
in my ethics statement with the Supreme Court,
692
00:37:27,086 --> 00:37:29,422
because I received income from an outside source.
693
00:37:29,505 --> 00:37:30,548
Ciavarella delivers letter of resignation
694
00:37:30,631 --> 00:37:33,343
That was wrong. I had two choices.
695
00:37:34,552 --> 00:37:38,222
I could take the money and report it,
696
00:37:39,056 --> 00:37:42,059
and if not, don't take it
697
00:37:42,935 --> 00:37:45,020
I chose to take the money and not report it,
698
00:37:45,104 --> 00:37:47,440
but I didn't think it was a crime.
699
00:37:47,982 --> 00:37:51,444
Did I know I was doing something unethical? For sure.
700
00:37:51,652 --> 00:37:57,074
And the downside is that my ethics weren't strong enough not to.
701
00:37:57,157 --> 00:37:58,158
Ex-judge refuses to talk about
702
00:37:58,242 --> 00:37:59,535
high juvenile detention rates during budget analysis.
703
00:37:59,619 --> 00:38:02,663
I was worried about how people would view a judge
704
00:38:02,747 --> 00:38:05,708
having received a commission from someone for the construction of the center.
705
00:38:05,791 --> 00:38:07,627
That would not be well received.
706
00:38:08,336 --> 00:38:11,005
Unfortunately, it wasn't a good story.
707
00:38:11,088 --> 00:38:12,965
Money for kids was a better story.
708
00:38:16,511 --> 00:38:18,178
Normally I would make a joke
709
00:38:18,262 --> 00:38:20,473
about being that kind of music they play
710
00:38:20,556 --> 00:38:22,850
at farewell parties for gangster lawyers,
711
00:38:22,933 --> 00:38:26,103
but as we have Cliff Haines on the line,
712
00:38:26,186 --> 00:38:28,856
the president of the Pennsylvania Bar Association,
713
00:38:28,981 --> 00:38:30,816
I'll let this one go, Cliff. I won't speak.
714
00:38:30,900 --> 00:38:35,112
I think they pleaded guilty
715
00:38:35,195 --> 00:38:38,073
-For tax evasion. -Correct.
716
00:38:38,198 --> 00:38:44,789
What does that mean? They did not confess for sending children
717
00:38:44,872 --> 00:38:48,000
to an institution for minors in exchange for money.
718
00:38:48,083 --> 00:38:50,044
The federal government can discuss with you
719
00:38:50,127 --> 00:38:52,212
that they did just that.
720
00:38:52,755 --> 00:38:55,883
Cliff Haines is president of the Pennsylvania Bar Association.
721
00:38:55,966 --> 00:38:59,512
Don't go away, let's talk to him more. It's good that you listen.
722
00:39:00,137 --> 00:39:02,264
The government said from day one
723
00:39:02,347 --> 00:39:06,101
that was quid pro quo. Now Ciavarella was saying, "It's not true."
724
00:39:06,226 --> 00:39:08,563
And we started to see
725
00:39:08,646 --> 00:39:11,482
that this agreement was not going to work out very well,
726
00:39:11,566 --> 00:39:13,943
As we wait, I don't eat.
727
00:39:14,569 --> 00:39:17,572
I just know that the deal is off the table
728
00:39:17,947 --> 00:39:20,408
and we must prepare for judgment.
729
00:39:20,575 --> 00:39:23,994
Police say he sold children for money.
730
00:39:24,286 --> 00:39:28,082
That's what the police said they would check
731
00:39:28,165 --> 00:39:30,710
if the case went to trial.
732
00:39:34,464 --> 00:39:35,881
Center for Juvenile Law.
733
00:39:35,965 --> 00:39:40,010
I think what Ciavarella did was like putting on a toga
734
00:39:40,094 --> 00:39:42,096
and set up a court in a garage.
735
00:39:43,013 --> 00:39:45,933
When I got the call from Laurene Transue
736
00:39:46,016 --> 00:39:47,643
and I heard what happened to her daughter,
737
00:39:47,727 --> 00:39:49,520
who was in the second year of high school,
738
00:39:49,604 --> 00:39:52,648
our first concern was getting Hillary out of the detention center
739
00:39:52,732 --> 00:39:55,651
and annul the judgment of delinquency.
740
00:39:56,861 --> 00:40:00,364
On the day of my new court hearing,
741
00:40:00,448 --> 00:40:04,660
we went to Judge Ciavarella and said that
742
00:40:05,119 --> 00:40:08,080
the original trial was not attended by a lawyer,
743
00:40:08,163 --> 00:40:13,002
and that I did not know that I had waived my right of representation,
744
00:40:13,794 --> 00:40:17,297
and that we needed another trial.
745
00:40:17,590 --> 00:40:21,343
Ciavarella said, "Okay. You have a week."
746
00:40:22,845 --> 00:40:27,266
On the night before my second hearing,
747
00:40:27,432 --> 00:40:32,062
the Juvenile Law Center wanted a consent decree.
748
00:40:32,146 --> 00:40:33,606
Defender of young people Center fights for justice
749
00:40:33,689 --> 00:40:36,901
The decree of consent is like a conditional,
750
00:40:36,984 --> 00:40:39,361
but the terms are negotiated
751
00:40:39,444 --> 00:40:43,115
and at the end of the decree my record is erased.
752
00:40:44,742 --> 00:40:49,121
Unfortunately, the victim also had to accept the consent decree.
753
00:40:51,040 --> 00:40:54,168
That day at court, we walked in and Ciavarella said:
754
00:40:54,251 --> 00:40:56,962
"Did the victim consent to this?
755
00:40:58,338 --> 00:41:02,301
I think I'll take it, but you know I should say no
756
00:41:02,384 --> 00:41:03,886
for you to learn a lesson."
757
00:41:04,512 --> 00:41:07,139
He seemed determined to send me back.
758
00:41:07,222 --> 00:41:09,517
The Price of Gossip
759
00:41:09,600 --> 00:41:12,562
The failure around the country for to many years,
760
00:41:12,645 --> 00:41:14,354
actually for decades,
761
00:41:14,438 --> 00:41:17,107
that the centers use a quarantine model,
762
00:41:17,191 --> 00:41:20,277
keeping the child away from your community
763
00:41:20,360 --> 00:41:22,822
for a while, with different people
764
00:41:22,905 --> 00:41:26,366
and believing that she would be cured of this behavior,
765
00:41:26,450 --> 00:41:29,036
or at least she wouldn't behave like that at home,
766
00:41:29,119 --> 00:41:30,788
and they would be better when they got back.
767
00:41:30,871 --> 00:41:32,372
It doesn't happen automatically.
768
00:41:32,540 --> 00:41:34,792
Putting a child away from home is not something natural,
769
00:41:34,875 --> 00:41:37,336
when not a volunteer. It can be very traumatic
770
00:41:37,419 --> 00:41:39,964
and this disrupts the normal development of the teenager.
771
00:41:43,801 --> 00:41:46,220
They never let you out without parole.
772
00:41:46,303 --> 00:41:48,889
I had problems at school. It was rough with teachers.
773
00:41:48,973 --> 00:41:50,808
I didn't like to do homework,
774
00:41:51,058 --> 00:41:54,311
and instead of saying, "Go to the director,"
775
00:41:54,394 --> 00:41:55,855
said, "Go to the parole officer,"
776
00:41:55,938 --> 00:41:57,607
because he was down there.
777
00:41:57,690 --> 00:41:58,691
raped and detained without going to school
778
00:41:59,108 --> 00:42:02,486
Things like me jumping a table in the cafeteria once,
779
00:42:02,570 --> 00:42:05,072
and since my agent was at school, that was a violation.
780
00:42:06,240 --> 00:42:08,868
As soon as I went downstairs, he would grab a pair of handcuffs and say:
781
00:42:08,951 --> 00:42:11,328
"If you do that again, you will be detained until you are 21."
782
00:42:11,411 --> 00:42:12,537
It's scary.
783
00:42:13,413 --> 00:42:14,915
When someone says:
784
00:42:14,999 --> 00:42:16,876
"If you do it again, you'll get eight years."
785
00:42:16,959 --> 00:42:19,503
And I'm not even past puberty yet.
786
00:42:20,963 --> 00:42:24,008
One of the disturbing things about the juvenile justice system is that
787
00:42:24,091 --> 00:42:25,384
when children enter the system,
788
00:42:25,467 --> 00:42:27,011
It's incredibly difficult for them to leave.
789
00:42:28,178 --> 00:42:33,183
It has a mechanism that keeps children in the system.
790
00:42:33,267 --> 00:42:36,020
If they leave the detention center, they are on parole.
791
00:42:36,103 --> 00:42:38,272
There are numbers of kids around the country
792
00:42:38,355 --> 00:42:40,941
that are caught during parole
793
00:42:41,025 --> 00:42:44,403
are arrested again for technical parole violations.
794
00:42:44,779 --> 00:42:47,990
It's a story that could go on for months,
795
00:42:48,073 --> 00:42:49,366
but for years.
796
00:42:49,700 --> 00:42:51,869
I needed to see Ciavarella's face so many times
797
00:42:51,952 --> 00:42:53,746
that I could unravel it from memory.
798
00:42:54,789 --> 00:42:57,499
Ciavarella is short,
799
00:42:57,625 --> 00:43:01,962
but it has a table and a chair that are huge.
800
00:43:02,129 --> 00:43:05,090
So I'm like this, my neck hurts when I try to look at him.
801
00:43:05,966 --> 00:43:09,053
He sentenced me to Northwestern Academy, which is
802
00:43:09,136 --> 00:43:12,056
military type, they scream in your face.
803
00:43:12,139 --> 00:43:14,349
I'm 14, 13 years old, I said:
804
00:43:14,433 --> 00:43:16,601
"Dude, what do you want? I jumped a table."
805
00:43:17,645 --> 00:43:20,815
You don't take a 12-year-old child, put him with these criminals
806
00:43:20,898 --> 00:43:22,566
and waits for her to leave saying:
807
00:43:22,650 --> 00:43:24,068
"I will be an exemplary citizen."
808
00:43:24,151 --> 00:43:26,028
No, she comes out knowing how to make explosives,
809
00:43:26,111 --> 00:43:28,363
how to steal a place without getting caught.
810
00:43:28,447 --> 00:43:31,742
These kids told me things I didn't need to know
811
00:43:31,826 --> 00:43:33,828
12, 13, 14 years old.
812
00:43:36,831 --> 00:43:39,709
I wanted to escape so badly that I started drawing.
813
00:43:42,753 --> 00:43:45,422
The first word is in a cage because I was trapped.
814
00:43:46,631 --> 00:43:47,632
It's like a cage all day.
815
00:43:48,300 --> 00:43:51,261
The second is a footprint, the act of getting out.
816
00:43:51,345 --> 00:43:53,597
I saw it as a three-step process.
817
00:43:54,724 --> 00:43:57,559
And the last word has the lines of a flag,
818
00:43:57,642 --> 00:43:59,186
firm and strong: "I am free now."
819
00:43:59,895 --> 00:44:02,022
You're under arrest, get out, stay out.
820
00:44:06,235 --> 00:44:10,030
When I was released, it was the greatest joy of my life.
821
00:44:15,535 --> 00:44:17,204
When are you going to jump?
822
00:44:17,287 --> 00:44:19,707
My God!
823
00:44:20,833 --> 00:44:23,711
My son, Eddie, has always been wild.
824
00:44:24,544 --> 00:44:27,547
At the age of two, he rode a bicycle without training wheels.
825
00:44:29,341 --> 00:44:32,469
I didn't spend much time with Ed's father,
826
00:44:32,552 --> 00:44:34,221
but he was always part of his life.
827
00:44:35,389 --> 00:44:39,226
Ed was eight or nine
828
00:44:39,434 --> 00:44:44,148
when the school said he had attention deficit.
829
00:44:44,231 --> 00:44:47,860
He was on Ritalin. I didn't like how it affected him,
830
00:44:47,943 --> 00:44:50,112
so we spent a lot of time on that.
831
00:44:50,237 --> 00:44:53,115
I preferred him to be himself,
832
00:44:53,198 --> 00:44:55,617
regardless of what we had to face...
833
00:44:56,786 --> 00:44:59,413
...we would improve and he would learn that way.
834
00:45:00,873 --> 00:45:03,708
Ed was always a good boy, respectful,
835
00:45:04,251 --> 00:45:05,836
but when he grew up,
836
00:45:06,253 --> 00:45:08,338
at 14, 15 years old, he drank.
837
00:45:08,422 --> 00:45:09,423
What are you doing?
838
00:45:09,506 --> 00:45:13,218
His grandmother told me that
839
00:45:13,302 --> 00:45:16,430
Ed's dad was drinking and that Ed was drinking too.
840
00:45:18,473 --> 00:45:20,893
I never found it appropriate.
841
00:45:20,976 --> 00:45:24,354
"He needs you as a father, not a friend."
842
00:45:24,438 --> 00:45:26,690
I became love and father.
843
00:45:27,024 --> 00:45:30,360
The summer before senior year, I caught him running away.
844
00:45:30,444 --> 00:45:33,405
to go out with friends, and his father saw him coming home
845
00:45:33,488 --> 00:45:35,950
after drinking too much.
846
00:45:36,241 --> 00:45:39,703
His father had the idea of calling two policemen,
847
00:45:39,786 --> 00:45:41,746
his friends,
848
00:45:41,831 --> 00:45:45,625
take the drugs that were at the party and put them in his truck
849
00:45:45,709 --> 00:45:48,838
so that they would appear to be his possession.
850
00:45:49,964 --> 00:45:52,466
We wanted the best for Ed.
851
00:45:52,549 --> 00:45:56,720
No one would do anything to harm their own child.
852
00:45:57,762 --> 00:46:00,933
I remember standing in front of the judge.
853
00:46:01,016 --> 00:46:04,061
I just remember him saying:
854
00:46:04,144 --> 00:46:06,146
"I will send you to the detention center
855
00:46:06,230 --> 00:46:08,815
for you to think about what you did."
856
00:46:10,109 --> 00:46:14,613
He entered there as a 17 year old free child
857
00:46:14,696 --> 00:46:18,408
and he left there like a calloused man.
858
00:46:20,535 --> 00:46:25,290
It didn't take long for him to get into a fight.
859
00:46:26,291 --> 00:46:28,252
Since he was on probation,
860
00:46:28,335 --> 00:46:30,712
he needed to get back to Judge Ciavarella.
861
00:46:30,795 --> 00:46:33,007
Everyone said, "If you go back to him,
862
00:46:33,090 --> 00:46:35,342
he'll lock you up until you're 21."
863
00:46:35,509 --> 00:46:39,554
He wasn't even 18, so he ran away
864
00:46:41,390 --> 00:46:42,557
to Florida.
865
00:46:43,183 --> 00:46:46,186
He disappeared for about a month
866
00:46:46,270 --> 00:46:48,022
and then returned home.
867
00:46:48,688 --> 00:46:52,734
Two years passed and he was working in construction.
868
00:46:53,235 --> 00:46:57,114
He looked happy again, back to normal,
869
00:46:57,197 --> 00:46:59,992
but he still had Judge Ciavarella's warrant.
870
00:47:01,243 --> 00:47:03,745
Ed was in a car accident.
871
00:47:03,913 --> 00:47:08,167
Judge Ciavarella sentenced him to a detention center
872
00:47:08,292 --> 00:47:12,379
and he stayed there with 13 and 14 year olds.
873
00:47:13,213 --> 00:47:19,844
Ed left and all I saw from him was that he was so angry.
874
00:47:22,056 --> 00:47:23,890
Ed got into another fight
875
00:47:26,226 --> 00:47:28,562
and was charged with serious assault.
876
00:47:28,645 --> 00:47:30,272
So he went to state prison.
877
00:47:33,483 --> 00:47:35,527
Children are not little adults.
878
00:47:35,610 --> 00:47:38,863
The notion that children who commit crimes
879
00:47:38,948 --> 00:47:41,783
should be punished in the same way as adults
880
00:47:41,866 --> 00:47:45,996
it ignores some fundamental points of what we know about children.
881
00:47:49,041 --> 00:47:50,792
The part of their brain
882
00:47:50,875 --> 00:47:53,670
which governs the ability to make decisions
883
00:47:53,753 --> 00:47:56,966
and judgment is the last to develop,
884
00:47:57,049 --> 00:48:00,510
and she continues to develop until she is in her early 20s.
885
00:48:02,804 --> 00:48:06,100
The ability to make decisions is less developed.
886
00:48:06,183 --> 00:48:10,645
Their notion of risk is significantly less developed
887
00:48:10,729 --> 00:48:12,314
than that of an adult.
888
00:48:12,397 --> 00:48:15,525
Their understanding of the consequences of their behavior
889
00:48:15,609 --> 00:48:18,153
It is significantly less developed than that of an adult.
890
00:48:25,535 --> 00:48:27,954
Two judges are being charged with crimes.
891
00:48:28,581 --> 00:48:33,543
It is not for the commission to decide whether they are guilty or innocent.
892
00:48:33,960 --> 00:48:37,381
Our focus is to develop recommendations
893
00:48:37,464 --> 00:48:40,134
to improve Pennsylvania's juvenile justice system.
894
00:48:41,135 --> 00:48:44,471
Our concern is the inaction of others.
895
00:48:45,222 --> 00:48:48,058
Of those who knew, but did not speak.
896
00:48:48,558 --> 00:48:51,103
Of those who saw, but did not act.
897
00:48:52,312 --> 00:48:54,648
I was saying, "I'm the adult, trust me."
898
00:48:54,731 --> 00:48:58,568
Because when we get to court, we can trust the policeman.
899
00:48:58,652 --> 00:49:00,320
We can trust the judge
900
00:49:00,654 --> 00:49:05,659
will do the right thing, be fair, use his authority properly.
901
00:49:05,992 --> 00:49:07,744
And that's not what happened.
902
00:49:07,827 --> 00:49:09,663
You swear to tell the truth,
903
00:49:09,746 --> 00:49:11,581
only the truth, nothing but the truth?
904
00:49:13,833 --> 00:49:15,335
-Yes. -Please sit.
905
00:49:15,544 --> 00:49:16,711
When did you become a promoter?
906
00:49:18,338 --> 00:49:20,549
-In 2004. Yes. -2004?
907
00:49:20,632 --> 00:49:22,259
Who was the chief judge at the time?
908
00:49:22,342 --> 00:49:23,552
It was Ciavarella.
909
00:49:23,635 --> 00:49:25,387
According to the statistics we received,
910
00:49:25,470 --> 00:49:29,058
approximately 54% of cases during this period
911
00:49:29,141 --> 00:49:33,019
there were cases where there was no lawyer or he did not show up
912
00:49:33,103 --> 00:49:35,605
to represent the young man at court.
913
00:49:35,689 --> 00:49:37,107
Half had no representation?
914
00:49:37,191 --> 00:49:38,692
While I was there,
915
00:49:38,775 --> 00:49:41,820
the frequency of cases with and without lawyers was the same.
916
00:49:48,202 --> 00:49:53,039
I'm the leading civil rights attorney for northeast Pennsylvania.
917
00:49:55,041 --> 00:49:58,462
Judge Ciavarella orchestrated a waiver system
918
00:49:58,545 --> 00:50:01,715
to encourage people to waive the right of representation
919
00:50:02,507 --> 00:50:05,760
out of court without proper explanation.
920
00:50:05,844 --> 00:50:10,307
It is unbelievable that number of people did not have lawyers.
921
00:50:10,390 --> 00:50:11,391
We are talking about children.
922
00:50:12,351 --> 00:50:16,062
So a child can sign a contract,
923
00:50:16,146 --> 00:50:20,484
then the parents renounced the rights
924
00:50:20,567 --> 00:50:21,943
because they were afraid,
925
00:50:22,026 --> 00:50:25,114
because they were hearing that they didn't need a lawyer.
926
00:50:25,197 --> 00:50:30,119
I said to my friend, "Dude, did you have a lawyer?"
927
00:50:30,202 --> 00:50:32,662
And she said, "No, nobody has a lawyer."
928
00:50:32,746 --> 00:50:35,499
And I said: "But you don't see Law and Order?
929
00:50:35,582 --> 00:50:39,753
Everyone has lawyers, you should have a lawyer.
930
00:50:39,836 --> 00:50:43,340
If not, you get one. That's not..."
931
00:50:43,423 --> 00:50:46,510
She said, "I don't think it works that way for kids."
932
00:50:48,387 --> 00:50:50,889
Judge Mark A. Ciavarella Jr. of the case children for money resigns
933
00:50:50,972 --> 00:50:52,641
while the court faces ill-judged cases and federal investigations.
934
00:50:52,724 --> 00:50:53,850
I never denied direct to a lawyer.
935
00:50:53,933 --> 00:50:55,185
I shouldn't say that. Just once.
936
00:50:56,353 --> 00:50:57,521
Center seeks in-depth analysis of Ciavarella cases
937
00:50:57,604 --> 00:50:59,063
Since then, if you came to court
938
00:50:59,148 --> 00:51:01,191
and wanted a lawyer, everything was postponed.
939
00:51:01,275 --> 00:51:05,529
That's why we had the waiver, so you could waive that right.
940
00:51:06,738 --> 00:51:08,282
You read and signed.
941
00:51:08,365 --> 00:51:10,575
In court I asked if I had signed. "Yes."
942
00:51:10,659 --> 00:51:11,660
"Do You understand it ?"
943
00:51:11,743 --> 00:51:13,370
"Right, thanks." And the trial followed.
944
00:51:13,453 --> 00:51:14,454
In the juvenile court, justice was silent
945
00:51:14,538 --> 00:51:17,249
It wasn't to try to get someone to confess.
946
00:51:17,332 --> 00:51:19,459
He was not blamed, he was not.
947
00:51:19,584 --> 00:51:21,711
Your constitutional rights are not absolute.
948
00:51:21,795 --> 00:51:23,713
You can waive these rights.
949
00:51:23,797 --> 00:51:25,715
When you resign, the question is
950
00:51:25,799 --> 00:51:28,051
if the waiver was made consciously and voluntarily.
951
00:51:30,345 --> 00:51:33,515
I became an assistant public defender in 1976.
952
00:51:34,683 --> 00:51:36,893
And in 1980, I became chief public defender
953
00:51:36,976 --> 00:51:39,771
and I have been Chief Public Defender since 1980.
954
00:51:39,854 --> 00:51:42,191
For almost 30 years I have commanded the cabinet.
955
00:51:43,942 --> 00:51:47,196
I knew there were a lot of kids there without representation.
956
00:51:47,279 --> 00:51:49,364
However, I could only assume
957
00:51:49,448 --> 00:51:51,325
that there were proper waivers being made,
958
00:51:51,408 --> 00:51:53,660
who actually renounced representation.
959
00:51:54,911 --> 00:51:57,247
They just had to say to the judge: "We want a lawyer",
960
00:51:57,331 --> 00:51:59,249
and a lawyer would be there.
961
00:51:59,333 --> 00:52:01,585
So it was very easy to get a lawyer,
962
00:52:01,668 --> 00:52:05,755
but I can also say that Ciavarella commanded the court
963
00:52:05,839 --> 00:52:08,633
without differentiating cases
964
00:52:08,717 --> 00:52:10,927
in which children had representation or not.
965
00:52:11,010 --> 00:52:12,346
He had them all arrested.
966
00:52:12,429 --> 00:52:15,265
It was a school crime, could be the best lawyer there,
967
00:52:15,349 --> 00:52:16,683
and the child would be taken.
968
00:52:17,726 --> 00:52:20,687
How did you start working at the Juvenile Parole Office?
969
00:52:20,770 --> 00:52:22,939
I applied when the vacancy opened.
970
00:52:24,316 --> 00:52:25,400
And what vacancy was this?
971
00:52:25,484 --> 00:52:29,195
Head of Juvenile Probation/Detention, Internal Administration.
972
00:52:29,279 --> 00:52:31,948
What was your role in the audience?
973
00:52:32,031 --> 00:52:35,285
We gave our recommendations to the judge.
974
00:52:35,369 --> 00:52:39,205
Was there a written policy?
975
00:52:39,289 --> 00:52:43,585
We had zero tolerance policies that the judge had formulated.
976
00:52:47,382 --> 00:52:51,009
We got so paranoid and scared
977
00:52:51,092 --> 00:52:53,803
let's not deal
978
00:52:53,887 --> 00:52:59,893
with violence and problems in schools in a rigid way,
979
00:53:00,226 --> 00:53:02,562
something really bad could happen.
980
00:53:05,940 --> 00:53:09,235
The United States' Zero Tolerance Programs
981
00:53:09,319 --> 00:53:14,449
were the result of shootings, murders like the one at Columbine in 1999.
982
00:53:14,533 --> 00:53:15,534
Columbine's legacy: More policing in schools
983
00:53:15,617 --> 00:53:20,079
We think we should have zero tolerance for bad behavior,
984
00:53:20,163 --> 00:53:22,874
in such a way that when a child misbehaves,
985
00:53:22,957 --> 00:53:25,669
she must be warned and taught how to behave.
986
00:53:25,752 --> 00:53:26,753
Strong community equals less offenders
987
00:53:26,836 --> 00:53:28,338
Establishing laws lessens threats, say school officials
988
00:53:28,463 --> 00:53:29,923
Shootings leave area parents fearful of future
989
00:53:30,006 --> 00:53:32,842
Zero tolerance relies on the idea of children being like adults
990
00:53:32,926 --> 00:53:35,762
about how they can stop misbehaving.
991
00:53:35,845 --> 00:53:39,098
And that if they know that they will be suspended, expelled or arrested
992
00:53:39,182 --> 00:53:43,019
for a series of bad behaviors common in teenagers,
993
00:53:43,102 --> 00:53:48,149
they stopped behaving like teenagers, which is ridiculous.
994
00:53:48,232 --> 00:53:51,361
What we have in this country is a zero tolerance policy
995
00:53:51,445 --> 00:53:56,616
based on a bully theory that does not apply to teenagers,
996
00:53:56,700 --> 00:53:59,453
that suspends, expels and arrests
997
00:53:59,536 --> 00:54:02,789
tens of thousands and hundreds of thousands of children a year.
998
00:54:05,459 --> 00:54:09,212
Certainly, after Columbine, everyone needed to stop and say:
999
00:54:09,295 --> 00:54:10,880
"How do we protect our children?"
1000
00:54:10,964 --> 00:54:16,135
And, unfortunately, the word "risk" is always present.
1001
00:54:17,637 --> 00:54:21,391
I have been with the Wilkes-Barre Area School District for 41 years
1002
00:54:21,475 --> 00:54:24,185
in various positions and finally as a director.
1003
00:54:24,268 --> 00:54:26,563
I have been a director for approximately 15 years.
1004
00:54:27,814 --> 00:54:30,066
Without a doubt, we are here to educate children,
1005
00:54:30,149 --> 00:54:33,778
but the most important responsibility is to provide a safe environment.
1006
00:54:33,862 --> 00:54:35,614
No one wants to send their child
1007
00:54:35,697 --> 00:54:37,782
into an environment that does not seem safe.
1008
00:54:40,159 --> 00:54:42,161
What we've done in the last few years
1009
00:54:42,245 --> 00:54:45,457
went to hire a director of security.
1010
00:54:45,582 --> 00:54:49,586
We have three full-time police officers
1011
00:54:49,669 --> 00:54:50,837
in our school district.
1012
00:54:52,338 --> 00:54:55,509
We have introduced zero tolerance policies,
1013
00:54:55,592 --> 00:54:59,971
especially regarding security and things like that.
1014
00:55:03,267 --> 00:55:07,270
Zero tolerance has done a lot of damage to the United States.
1015
00:55:07,353 --> 00:55:10,356
We call it "zero logic, zero sense".
1016
00:55:10,524 --> 00:55:12,066
Leonard E. Weinglass Award for the Defense of Civil Liberties
1017
00:55:12,150 --> 00:55:13,276
July 2010
1018
00:55:13,359 --> 00:55:16,780
I think of shows like Scared Straight, Ciavarella used it
1019
00:55:16,863 --> 00:55:19,533
as a tool of intimidation.
1020
00:55:21,993 --> 00:55:26,080
Columbine played a big part in what happened.
1021
00:55:26,164 --> 00:55:28,124
Schools began to apply serious punishments,
1022
00:55:28,207 --> 00:55:30,585
and cases that were normally resolved informally
1023
00:55:30,669 --> 00:55:32,295
now they were going to the Juvenile Court.
1024
00:55:32,378 --> 00:55:34,714
What if I went to Juvenile Court with Mark Ciavarella
1025
00:55:34,798 --> 00:55:38,968
and you committed a crime at school, you went to juvenile detention.
1026
00:55:39,052 --> 00:55:44,891
Everyone assumes he arrested children for money.
1027
00:55:45,642 --> 00:55:47,644
But he had arrested children forever.
1028
00:55:48,394 --> 00:55:49,688
If you look at the rates,
1029
00:55:49,771 --> 00:55:51,981
dating back to 1996, when he took over the court,
1030
00:55:52,065 --> 00:55:54,651
his rate was very high, close to 20%.
1031
00:55:54,734 --> 00:55:58,988
It wasn't just after building a detention center for minors,
1032
00:55:59,072 --> 00:56:04,453
and this no doubt makes it difficult to know why he arrested young people,
1033
00:56:04,578 --> 00:56:06,621
but he held them ever since.
1034
00:56:06,705 --> 00:56:10,374
There were letters praising Judge Ciavarella for his philosophy.
1035
00:56:10,459 --> 00:56:14,170
Editorials in newspapers about what a great judge he was,
1036
00:56:14,253 --> 00:56:16,756
cleaning the schools, cleaning the streets.
1037
00:56:22,095 --> 00:56:25,640
I wanted kids to think I'm the biggest motherfucker in history.
1038
00:56:27,100 --> 00:56:30,687
I wanted them to be terrified.
1039
00:56:30,770 --> 00:56:32,689
when they had to talk to me.
1040
00:56:32,772 --> 00:56:35,108
Because I hoped that, because of that,
1041
00:56:35,191 --> 00:56:37,360
they would never again put themselves in a position
1042
00:56:37,443 --> 00:56:38,862
when they had to come back to me.
1043
00:56:38,945 --> 00:56:40,780
Leaving Your Mark
1044
00:56:40,864 --> 00:56:44,951
Family has a lot to do with why a child enters the system.
1045
00:56:45,034 --> 00:56:46,995
Ciavarella rigidity is a legal advantage
1046
00:56:47,078 --> 00:56:49,413
People don't know how to be good parents.
1047
00:56:51,082 --> 00:56:54,544
For me, the youth system was trying to teach kids to be responsible.
1048
00:56:54,628 --> 00:56:57,130
Ciavarella to lawbreakers: "You will be punished and imprisoned."
1049
00:56:57,213 --> 00:56:59,173
When I was growing up,
1050
00:56:59,257 --> 00:57:02,552
I didn't need the system to solve my problems.
1051
00:57:02,636 --> 00:57:05,429
My parents solved my problems.
1052
00:57:05,514 --> 00:57:09,392
I wanted to go back to the way my parents raised us.
1053
00:57:09,475 --> 00:57:12,854
They raised us with a lot of love and care, but a lot of discipline.
1054
00:57:15,982 --> 00:57:20,570
My father was very nervous, he lost his temper easily.
1055
00:57:22,196 --> 00:57:24,533
I was starting high school,
1056
00:57:24,616 --> 00:57:27,201
We had a few beers one night.
1057
00:57:27,285 --> 00:57:30,413
A friend said, "Why don't you get in the car and let's go for a drive?"
1058
00:57:30,497 --> 00:57:31,748
Happiness is being a being.
1059
00:57:31,831 --> 00:57:34,668
We were getting into the car
1060
00:57:34,751 --> 00:57:37,128
and I heard a voice say, "What are you doing?"
1061
00:57:39,881 --> 00:57:42,884
I saw my cousin and my friend running.
1062
00:57:43,968 --> 00:57:47,764
The policeman said to me: "You better come with me."
1063
00:57:48,640 --> 00:57:52,435
Soon after, juvenile detective John Gonas
1064
00:57:52,519 --> 00:57:55,396
said he would take me home.
1065
00:57:55,522 --> 00:58:00,359
As we were driving to the East End, I got more and more nauseous.
1066
00:58:01,402 --> 00:58:04,155
I entered the house. My mother called for my father.
1067
00:58:04,864 --> 00:58:07,116
He said to me, "What's the matter?"
1068
00:58:07,826 --> 00:58:10,244
I looked at my father and said: "We were going to steal..."
1069
00:58:10,328 --> 00:58:11,871
And I couldn't say the word.
1070
00:58:11,955 --> 00:58:15,291
He just looked at me and said, "Look at your mother."
1071
00:58:15,374 --> 00:58:16,918
She was hysterical.
1072
00:58:17,001 --> 00:58:19,754
She kept saying, "I can't believe my son is a criminal."
1073
00:58:19,838 --> 00:58:23,633
At that moment, my father began to prepare his fist.
1074
00:58:23,717 --> 00:58:27,053
I knew it was going to happen. He hit me, I passed out.
1075
00:58:36,938 --> 00:58:41,359
His point of view is that the arrests were part of
1076
00:58:41,442 --> 00:58:46,405
-of a well-thought-out judicial philosophy. -A rehabilitation program.
1077
00:58:46,489 --> 00:58:48,491
-Yes sir. -That you supported.
1078
00:58:48,575 --> 00:58:51,160
To a certain extent, I was supportive.
1079
00:58:51,244 --> 00:58:56,332
So you have no evidence to conclude that the arrests were made
1080
00:58:56,415 --> 00:59:00,670
for an illegitimate or illegal reason.
1081
00:59:00,754 --> 00:59:02,505
I don't think so.
1082
00:59:02,589 --> 00:59:05,884
Unless I'm very naive, I don't think he did.
1083
00:59:05,967 --> 00:59:07,927
Schools have a lot of influence
1084
00:59:08,011 --> 00:59:12,015
in sending complaints to the juvenile system.
1085
00:59:12,600 --> 00:59:15,852
We saw what happened at Columbine.
1086
00:59:15,935 --> 00:59:20,940
And I think there was a reaction across the country and across the world
1087
00:59:21,024 --> 00:59:23,567
which showed that we needed to be tougher with the kids.
1088
00:59:23,652 --> 00:59:25,945
Why was everyone willing to say
1089
00:59:26,029 --> 00:59:27,488
that there was zero tolerance for young people?
1090
00:59:28,907 --> 00:59:31,701
Because everyone loved it. Schools loved it.
1091
00:59:31,785 --> 00:59:34,578
They got rid of bad children.
1092
00:59:34,663 --> 00:59:36,665
When I was at school, when I spat,
1093
00:59:36,748 --> 00:59:40,334
you ended up in the principal's office and stayed there for a few hours.
1094
00:59:40,418 --> 00:59:42,712
In the last few years, he has spit
1095
00:59:42,796 --> 00:59:46,507
they called the police and people went to the juvenile court and were arrested.
1096
00:59:48,843 --> 00:59:51,262
Young people need to know clearly
1097
00:59:51,345 --> 00:59:55,934
that there is a consequence if they choose to break the law.
1098
00:59:56,643 --> 01:00:01,314
And the consequences need to be clear and immediate.
1099
01:00:02,816 --> 01:00:04,067
And I think that's the responsibility
1100
01:00:04,150 --> 01:00:05,819
of the juvenile justice system.
1101
01:00:06,695 --> 01:00:09,948
The reality is that we have seen a significant increase
1102
01:00:10,031 --> 01:00:12,784
no number of cases no juvenile justice system.
1103
01:00:13,952 --> 01:00:16,871
Before Columbine, when misconduct occurred in school,
1104
01:00:16,955 --> 01:00:19,207
we knew what the answer would be.
1105
01:00:19,290 --> 01:00:21,668
It would be a suspension. That would be after hours detention.
1106
01:00:21,751 --> 01:00:24,796
It would be a slap on the wrist, a notation in your log.
1107
01:00:24,879 --> 01:00:28,341
But since Columbine, there has been a movement to assume
1108
01:00:28,424 --> 01:00:31,720
that the juvenile justice system can manage any behavior.
1109
01:00:31,845 --> 01:00:33,930
This, of course, is an exaggeration.
1110
01:00:34,013 --> 01:00:35,598
It's a misuse of the juvenile court system.
1111
01:00:39,518 --> 01:00:41,896
It's getting common
1112
01:00:41,980 --> 01:00:44,733
have police and parole officers
1113
01:00:44,816 --> 01:00:47,651
at school or very close.
1114
01:00:49,612 --> 01:00:51,197
I don't agree with that.
1115
01:00:51,865 --> 01:00:55,284
You can't let one person mess things up.
1116
01:00:55,368 --> 01:00:58,287
to the point that everyone pays the price
1117
01:00:58,371 --> 01:01:00,957
for his inability to control himself.
1118
01:01:02,166 --> 01:01:04,460
If there was a policeman there, a parole officer,
1119
01:01:04,543 --> 01:01:07,005
It's almost like a challenge to students.
1120
01:01:07,088 --> 01:01:09,799
And I think this conveys the image of:
1121
01:01:09,883 --> 01:01:14,763
"We, as a school staff, the principal, don't know how to deal with you."
1122
01:01:16,055 --> 01:01:17,515
We're going to turn them on,
1123
01:01:17,598 --> 01:01:21,895
and we'll do it quickly if we think it's right.
1124
01:01:28,234 --> 01:01:34,073
When I went back to school, it got worse and worse.
1125
01:01:34,908 --> 01:01:39,203
The parole officer has his own office at the school.
1126
01:01:39,287 --> 01:01:42,290
Sitting in the parole office was humiliating.
1127
01:01:43,457 --> 01:01:44,751
big windows,
1128
01:01:44,834 --> 01:01:47,336
and everyone walking between classes.
1129
01:01:47,420 --> 01:01:49,338
And there you were, with the parole officer.
1130
01:01:49,422 --> 01:01:50,965
Respect yourself - Respect others Respect your school
1131
01:01:51,049 --> 01:01:53,843
Some teachers disrespected me.
1132
01:01:53,927 --> 01:01:56,387
And a lot of that came from the fact that:
1133
01:01:56,470 --> 01:02:00,141
"Well, she is one of the children sent to the detention center."
1134
01:02:04,938 --> 01:02:08,732
When I got back to school from the detention center,
1135
01:02:08,817 --> 01:02:11,194
the first month i was fine.
1136
01:02:11,277 --> 01:02:13,112
After that, I fought with the teachers.
1137
01:02:13,196 --> 01:02:15,531
I argued and got suspended.
1138
01:02:15,614 --> 01:02:18,868
I felt like the new girl, even though I wasn't,
1139
01:02:18,952 --> 01:02:20,703
because I already knew everyone.
1140
01:02:20,787 --> 01:02:24,540
But everyone asked me what I did, how I got arrested,
1141
01:02:24,623 --> 01:02:27,376
thinking this was cool, and for me it wasn't.
1142
01:02:30,171 --> 01:02:32,966
When I made a comment in class
1143
01:02:33,049 --> 01:02:35,593
because I was known as the joker and the loudmouth,
1144
01:02:35,676 --> 01:02:38,930
we were talking about a silly escape plan
1145
01:02:39,013 --> 01:02:43,726
in case someone came in with a gun and we needed to flee,
1146
01:02:43,810 --> 01:02:47,271
we would go to the courtyard and run away from school.
1147
01:02:47,355 --> 01:02:50,524
So I said, "You know what, follow the escape plan.
1148
01:02:50,608 --> 01:02:52,068
I'm everyone's friend
1149
01:02:52,151 --> 01:02:56,155
then the child will remember that I borrowed a pencil once."
1150
01:02:57,615 --> 01:03:00,534
The teacher took me to the counselor's room
1151
01:03:00,618 --> 01:03:04,163
and said I knew someone who was going to do a school shooting.
1152
01:03:06,249 --> 01:03:09,961
I didn't fit in, so I felt like I didn't belong.
1153
01:03:10,044 --> 01:03:11,963
First I told my father:
1154
01:03:12,046 --> 01:03:14,215
"It feels like there's something wrong with me.
1155
01:03:14,298 --> 01:03:16,175
I don't feel like I can be around people."
1156
01:03:16,259 --> 01:03:18,177
And he didn't believe me.
1157
01:03:18,261 --> 01:03:20,513
He thought it was an excuse not to go to school.
1158
01:03:20,596 --> 01:03:21,764
And I said, "Dad,
1159
01:03:21,848 --> 01:03:24,392
this is on my mind all the time.
1160
01:03:24,475 --> 01:03:29,105
And it makes me nervous around people. Really.
1161
01:03:30,731 --> 01:03:33,401
I'm not crazy, but something isn't right.
1162
01:03:33,484 --> 01:03:36,445
I cry and sometimes I can't breathe."
1163
01:03:36,529 --> 01:03:38,948
I said, "It's not me, something's wrong."
1164
01:03:39,032 --> 01:03:42,326
That's when I was diagnosed with post-traumatic stress,
1165
01:03:42,410 --> 01:03:44,871
depression, severe anxiety and mood swings.
1166
01:03:45,621 --> 01:03:48,124
I was missing classes
1167
01:03:48,207 --> 01:03:50,376
and I ended up missing 78 days of the first year.
1168
01:03:51,961 --> 01:03:54,213
So I just stayed away.
1169
01:03:59,302 --> 01:04:03,014
In October, I returned home for good.
1170
01:04:05,516 --> 01:04:10,479
In all the years, I missed high school. I never graduated.
1171
01:04:10,563 --> 01:04:15,151
All birthdays before the most recent, age 19,
1172
01:04:15,234 --> 01:04:17,778
I spent it in some detention center.
1173
01:04:32,793 --> 01:04:38,132
I feel like it's my fault
1174
01:04:38,216 --> 01:04:43,346
It's my husband Charlie's and my fault that I lost five years of my life.
1175
01:04:45,056 --> 01:04:50,853
They should have been good years,
1176
01:04:50,937 --> 01:04:54,357
fun teenage years.
1177
01:04:54,440 --> 01:04:57,944
What can he talk about? From incarcerations?
1178
01:05:07,161 --> 01:05:08,496
Many people ask me
1179
01:05:08,579 --> 01:05:11,832
if I hold a grudge against the judge or something.
1180
01:05:11,915 --> 01:05:13,084
I don't.
1181
01:05:14,502 --> 01:05:16,712
I go on with my life.
1182
01:05:16,795 --> 01:05:18,756
It's what I think I should do.
1183
01:05:20,133 --> 01:05:24,928
Go to university and, I don't know, have a family.
1184
01:05:27,848 --> 01:05:29,475
So that's what I'm going to do.
1185
01:05:31,519 --> 01:05:33,812
The future looks good to me.
1186
01:05:42,071 --> 01:05:44,615
Newswatch 16 �s 23h.
1187
01:05:44,698 --> 01:05:46,034
Good evening, I'm Scott Schaffer.
1188
01:05:46,117 --> 01:05:47,660
We start the night with new news
1189
01:05:47,743 --> 01:05:50,288
on the Luzerne County corruption case,
1190
01:05:50,371 --> 01:05:53,582
a former judge agrees to plead guilty a second time.
1191
01:05:54,750 --> 01:05:57,836
Judge Conahan, would you say something about your guilty plea to the people?
1192
01:05:57,920 --> 01:06:00,089
I have no comments right now, Andy. Thanks.
1193
01:06:00,173 --> 01:06:02,050
Former Luzerne County Judge Michael Conahan
1194
01:06:02,133 --> 01:06:05,636
admits that it was an important part of the children's money scheme.
1195
01:06:05,719 --> 01:06:07,930
Investigators say, and Conahan agrees,
1196
01:06:08,014 --> 01:06:11,142
that he and former judge Mark Ciavarella worked together
1197
01:06:11,225 --> 01:06:15,604
for the Pennsylvania Children's Assistance Center to be ready.
1198
01:06:15,688 --> 01:06:20,026
According to the prosecution, Judge Conahan, as chief judge,
1199
01:06:20,109 --> 01:06:22,528
did everything in his power to hide the bribery scheme.
1200
01:06:22,611 --> 01:06:23,612
Conahan pleads guilty to the plan
1201
01:06:23,696 --> 01:06:26,490
He had the public youth center closed.
1202
01:06:26,700 --> 01:06:30,369
Then he sent the young people to a private center
1203
01:06:30,453 --> 01:06:32,080
in which he was interested.
1204
01:06:33,956 --> 01:06:36,459
Michael Conahan will be defeated.
1205
01:06:36,542 --> 01:06:39,128
I told you he was a gangster judge, remember?
1206
01:06:39,212 --> 01:06:43,924
How long have I been saying, "Once a gangster, always a gangster"?
1207
01:06:44,550 --> 01:06:47,303
It all leads back to Conahan.
1208
01:06:47,386 --> 01:06:49,972
This guy was a district judge
1209
01:06:50,056 --> 01:06:52,141
and engaged in various questionable activities.
1210
01:06:52,225 --> 01:06:57,020
I'm looking at an ambulance company, liquor companies, strip clubs.
1211
01:06:57,105 --> 01:06:59,398
Conahan had business that went
1212
01:06:59,482 --> 01:07:02,776
distribution of beverages to ambulance companies.
1213
01:07:02,860 --> 01:07:06,405
If anyone knew how to put something together, it was him.
1214
01:07:13,246 --> 01:07:16,665
I started coming to Florida in 1979.
1215
01:07:17,833 --> 01:07:19,835
We loved coming here.
1216
01:07:19,918 --> 01:07:22,630
I retired in January 2008.
1217
01:07:25,133 --> 01:07:27,718
For the last year, I've been trying to come here as much as I can.
1218
01:07:27,801 --> 01:07:30,638
to clear my head and escape publicity
1219
01:07:30,721 --> 01:07:32,431
of northeastern Pennsylvania.
1220
01:07:32,515 --> 01:07:36,269
Take care of myself and be as discreet as possible.
1221
01:07:40,022 --> 01:07:42,024
There's a side of me that loves Luzerne County,
1222
01:07:42,108 --> 01:07:44,568
and I miss my family and my friends.
1223
01:07:44,652 --> 01:07:47,696
I realized that I made a mistake and I shouldn't have done what I did,
1224
01:07:47,780 --> 01:07:50,116
so I agreed to sign the agreement.
1225
01:07:51,033 --> 01:07:55,037
I shouldn't have done business with the juvenile detention center.
1226
01:07:55,121 --> 01:07:57,456
I'm willing to accept the consequences for that.
1227
01:07:59,333 --> 01:08:01,544
When they received the money, they tried hard
1228
01:08:01,627 --> 01:08:04,880
to hide how they got it and what it was for.
1229
01:08:04,963 --> 01:08:09,802
Mericle wrote a commission agreement
1230
01:08:09,927 --> 01:08:12,430
in which he paid a commission
1231
01:08:12,513 --> 01:08:14,890
to Robert Powell, who was the lawyer.
1232
01:08:14,973 --> 01:08:18,394
Then they would send the money to another bank account,
1233
01:08:18,477 --> 01:08:20,771
which I believe was in Susquehanna County.
1234
01:08:20,854 --> 01:08:23,065
The money from there was transferred
1235
01:08:23,149 --> 01:08:25,067
for businesses controlled by Conahan.
1236
01:08:25,151 --> 01:08:27,695
One of those businesses was Beverage Marketing,
1237
01:08:27,778 --> 01:08:30,406
a liquor distributor from Conahan.
1238
01:08:30,489 --> 01:08:33,659
And again, through a series of financial transactions,
1239
01:08:33,742 --> 01:08:35,244
the money was paid
1240
01:08:35,328 --> 01:08:38,622
and sent to bank accounts controlled by Conahan and Ciavarella.
1241
01:08:39,832 --> 01:08:41,750
It all came back to Beverage Marketing.
1242
01:08:41,834 --> 01:08:46,255
And he recorded that in his financial statements.
1243
01:08:46,339 --> 01:08:50,301
I don't think any amount that went into Beverage Marketing was wrong.
1244
01:08:50,384 --> 01:08:52,511
If it was a commission and the amount entered,
1245
01:08:52,595 --> 01:08:54,222
either at Beverage Marketing,
1246
01:08:54,305 --> 01:08:55,306
whether in my name,
1247
01:08:55,389 --> 01:08:57,766
whether I gave it to you or to charity,
1248
01:08:57,850 --> 01:08:59,852
I don't see this as a form of tax evasion.
1249
01:08:59,977 --> 01:09:03,856
Several people make transfers, write checks, it's normal in business.
1250
01:09:03,939 --> 01:09:06,066
Conahan had immense power.
1251
01:09:06,149 --> 01:09:09,278
He decided he was going to remove funds from the government budget
1252
01:09:09,362 --> 01:09:11,239
to the juvenile detention center
1253
01:09:11,322 --> 01:09:13,449
and that it would be closed.
1254
01:09:13,532 --> 01:09:15,201
Everyone knew at the time
1255
01:09:15,284 --> 01:09:18,120
that Ciavarella was a strict, zero-tolerance judge,
1256
01:09:18,204 --> 01:09:20,623
and that he had high shipping rates for arrest.
1257
01:09:20,706 --> 01:09:23,292
Even so, the banks were afraid
1258
01:09:23,376 --> 01:09:26,837
in funding this new juvenile detention center.
1259
01:09:26,920 --> 01:09:28,964
The next thing Conahan did
1260
01:09:29,047 --> 01:09:33,176
went to sign a secret agreement with Robert Powell,
1261
01:09:33,261 --> 01:09:37,473
which essentially guaranteed that young people would be sent to the centre.
1262
01:09:38,891 --> 01:09:42,520
I think that, in general, it was Conahan who ran the plan.
1263
01:09:42,603 --> 01:09:43,646
Police say Conahan ran the show
1264
01:09:43,729 --> 01:09:46,649
And Ciavarella just followed him.
1265
01:10:01,539 --> 01:10:05,834
He and I participated in the scheme
1266
01:10:05,918 --> 01:10:07,836
to set up the kickback scheme.
1267
01:10:07,920 --> 01:10:08,921
Ciavarella was not convinced by Conahan
1268
01:10:09,004 --> 01:10:11,924
I wouldn't mind so much if you hadn't lied to me.
1269
01:10:12,758 --> 01:10:15,218
Let's put it like this. Every time it seems like it won't get any worse,
1270
01:10:15,303 --> 01:10:17,179
-it gets worse. - It gets worse.
1271
01:10:21,934 --> 01:10:25,938
I made a mistake accepting payment when I was a judge.
1272
01:10:26,939 --> 01:10:27,981
That's the problem.
1273
01:10:29,232 --> 01:10:30,318
The government told me:
1274
01:10:30,401 --> 01:10:32,695
"There was an extrajudicial payment.
1275
01:10:32,778 --> 01:10:34,029
You shouldn't have accepted it.
1276
01:10:34,112 --> 01:10:37,074
It was an ethical violation. A corrupt act.
1277
01:10:37,700 --> 01:10:40,536
Let's call it a donation. You will admit that it was a donation.
1278
01:10:40,619 --> 01:10:42,288
So it would be a bribe."
1279
01:10:42,788 --> 01:10:44,998
He told me that when he pleaded guilty,
1280
01:10:45,082 --> 01:10:50,504
he would not agree with facts involving kickbacks or bribery.
1281
01:10:50,588 --> 01:10:53,424
Children for money, nothing. It's him...
1282
01:10:53,507 --> 01:10:55,050
The first document they sent him
1283
01:10:55,133 --> 01:10:59,638
it was just about a bribe or kickback scheme,
1284
01:10:59,722 --> 01:11:01,640
and he signed it.
1285
01:11:01,974 --> 01:11:05,478
There is no truth to the scheme. There was no blueprint.
1286
01:11:07,145 --> 01:11:09,272
I just don't understand how he could tell me something
1287
01:11:09,357 --> 01:11:11,734
and do something completely different.
1288
01:11:15,321 --> 01:11:18,574
If that's the last thing I need to admit to doing,
1289
01:11:18,657 --> 01:11:20,283
I can live with it.
1290
01:11:21,827 --> 01:11:23,746
I can justify it in my head.
1291
01:11:26,665 --> 01:11:31,253
I think my father is still delusional about Mike Conahan.
1292
01:11:32,212 --> 01:11:35,257
He is the puppet master with the strings,
1293
01:11:35,341 --> 01:11:38,051
and my dad was on the wire, just swinging.
1294
01:11:38,135 --> 01:11:42,055
I believe there was something the government knew
1295
01:11:42,139 --> 01:11:44,016
About Mike Conahan.
1296
01:11:45,183 --> 01:11:49,104
I must say that he had a different life than my father.
1297
01:11:49,187 --> 01:11:51,565
If I feel betrayed? For sure.
1298
01:11:51,649 --> 01:11:54,360
Do I feel like I was lied to? Definitely.
1299
01:11:54,443 --> 01:11:57,946
Can I believe what Mike did to me? No, I can't.
1300
01:11:58,030 --> 01:12:01,700
But the reality is that he did and now I have to live with it.
1301
01:12:08,666 --> 01:12:11,126
Judge, have you been praying the last few days?
1302
01:12:12,378 --> 01:12:15,047
I try to take it one day at a time,
1303
01:12:16,882 --> 01:12:18,384
one problem at a time.
1304
01:12:19,593 --> 01:12:25,474
And I know in my heart that I didn't do what these people are talking about.
1305
01:12:25,558 --> 01:12:30,145
And since I know I didn't do what they're saying,
1306
01:12:30,228 --> 01:12:33,231
I can live with myself and I can live with the result.
1307
01:12:35,233 --> 01:12:38,278
I'd rather risk going to prison for the rest of my life
1308
01:12:38,361 --> 01:12:41,740
instead of admitting that I did something that I didn't.
1309
01:12:43,867 --> 01:12:46,787
At the time of judgment, everyone will know
1310
01:12:46,870 --> 01:12:49,748
that I never sent a child for a coin.
1311
01:12:50,123 --> 01:12:51,792
And everyone will know it.
1312
01:13:01,259 --> 01:13:02,636
-Good luck honey. -Thanks.
1313
01:13:07,975 --> 01:13:09,435
-I love you. -I love you.
1314
01:13:19,111 --> 01:13:21,697
Why is he on trial?
1315
01:13:21,780 --> 01:13:23,365
if we know that he is guilty?
1316
01:13:23,449 --> 01:13:28,787
Yes, but you don't believe he has the right to defend himself?
1317
01:13:28,871 --> 01:13:31,832
This is the base of the United States.
1318
01:13:31,915 --> 01:13:34,752
What you are saying does not go against
1319
01:13:34,835 --> 01:13:37,254
everything we believe in America?
1320
01:13:37,838 --> 01:13:40,132
No, he is guilty.
1321
01:13:42,217 --> 01:13:44,845
High security for a defendant who is not in custody,
1322
01:13:44,928 --> 01:13:46,388
here in federal court in Scranton.
1323
01:13:46,472 --> 01:13:50,643
Here's Former Judge Mark Ciavarella and His Lawyers and Files
1324
01:13:50,768 --> 01:13:53,479
entering federal court in downtown Scranton.
1325
01:13:54,271 --> 01:13:56,189
Ciavarella was indicted for participating
1326
01:13:56,273 --> 01:13:58,400
in the kids-for-money scheme two years ago.
1327
01:13:58,484 --> 01:14:01,028
Jury selection is starting here this morning.
1328
01:14:05,616 --> 01:14:09,452
In the opening, I thought of presenting the conflicting frames
1329
01:14:09,537 --> 01:14:11,664
of those guys who were lucky
1330
01:14:11,747 --> 01:14:13,582
of someone coming along and wanting to give them $1 million.
1331
01:14:13,666 --> 01:14:15,083
"...not knowing that it was illegal."
1332
01:14:15,167 --> 01:14:16,919
"...and I didn't need to declare it."
1333
01:14:17,002 --> 01:14:20,005
They didn't know it was wrong. It's almost a joke.
1334
01:14:21,674 --> 01:14:24,092
Ciavarella always defended that there was no scheme.
1335
01:14:24,176 --> 01:14:27,555
It wasn't about kids for money, it wasn't being judged for it.
1336
01:14:27,638 --> 01:14:30,182
He was being judged on monetary transactions.
1337
01:14:30,265 --> 01:14:33,476
And the government explained that it had legal and strategic reasons
1338
01:14:33,561 --> 01:14:35,604
not to address this aspect.
1339
01:14:35,688 --> 01:14:38,816
They had clear evidence of monetary transactions,
1340
01:14:38,899 --> 01:14:40,609
and that would be enough for condemnation,
1341
01:14:40,693 --> 01:14:42,986
therefore opted for this approach.
1342
01:14:43,821 --> 01:14:44,947
Was that from the scheme?
1343
01:14:47,700 --> 01:14:49,952
Who else could say besides Mark Ciavarella?
1344
01:14:50,035 --> 01:14:52,705
But the public would never agree that it wasn't.
1345
01:14:54,081 --> 01:14:56,834
I know that a good part of the public is disappointed
1346
01:14:56,917 --> 01:15:00,796
for Mark Ciavarella not being charged with the children's money scheme.
1347
01:15:01,463 --> 01:15:03,006
And that would allow
1348
01:15:03,090 --> 01:15:05,968
Mark Ciavarella used evidence that he was not selling kids
1349
01:15:06,577 --> 01:15:08,721
for cash, but he did this before.
1350
01:15:08,804 --> 01:15:12,057
Or that some families thought he had done the right thing.
1351
01:15:12,307 --> 01:15:14,017
This would create an unpleasant situation.
1352
01:15:14,351 --> 01:15:18,772
So it looks like the prosecutor made the decision
1353
01:15:18,856 --> 01:15:21,984
to charge him with financial crimes.
1354
01:15:22,067 --> 01:15:25,320
Because if Mark Ciavarella went to prison for 12 or 15 years,
1355
01:15:25,403 --> 01:15:27,155
for how many years it was,
1356
01:15:27,740 --> 01:15:30,492
what is the difference between being for financial crimes
1357
01:15:30,576 --> 01:15:31,910
or for something else?
1358
01:15:49,427 --> 01:15:52,055
Whenever I leave the court,
1359
01:15:52,139 --> 01:15:55,726
a reporter asked me, "Do you have anything to say to the kids?"
1360
01:15:55,809 --> 01:15:57,019
Right.
1361
01:15:57,102 --> 01:15:59,562
"The children you arrested?"
1362
01:16:00,438 --> 01:16:01,774
I never answered.
1363
01:16:02,983 --> 01:16:07,029
I'd say, "I did what I thought was best for you.
1364
01:16:07,112 --> 01:16:10,032
Sorry for not giving a better example.
1365
01:16:10,115 --> 01:16:12,242
about how you should live your life.
1366
01:16:13,326 --> 01:16:16,496
But when I made decisions that affected his life,
1367
01:16:16,579 --> 01:16:18,916
I did what I thought was best for you."
1368
01:16:23,295 --> 01:16:26,674
The public corruption trial in federal court in Scranton...
1369
01:16:28,133 --> 01:16:32,638
...from former Chief Justice of Luzerne County, Mark Ciavarella...
1370
01:16:34,014 --> 01:16:35,182
...will be closed today.
1371
01:16:36,349 --> 01:16:38,476
They are still there. They finished reading the charges.
1372
01:16:38,560 --> 01:16:39,770
I don't think he'll be in custody.
1373
01:16:41,146 --> 01:16:42,314
Former Judge Mark Ciavarella...
1374
01:16:43,691 --> 01:16:46,276
...is still in court number one on the fourth floor,
1375
01:16:46,359 --> 01:16:49,612
where he has been for ten days since the start of the trial,
1376
01:16:49,697 --> 01:16:52,658
now it's former convicted judge Mark Ciavarella.
1377
01:16:52,741 --> 01:16:55,452
I guess the calm after the storm...
1378
01:16:55,535 --> 01:17:00,833
...mixed verdict, but at the end of the day, he's guilty of very serious crimes.
1379
01:17:00,916 --> 01:17:02,334
Tony!
1380
01:17:10,884 --> 01:17:12,720
How do you feel?
1381
01:17:13,511 --> 01:17:15,723
We are amazed.
1382
01:17:15,806 --> 01:17:19,267
The juries rejected 95% of the public case.
1383
01:17:19,351 --> 01:17:23,063
They rejected most theories of kickbacks and bribery.
1384
01:17:23,814 --> 01:17:27,067
The government lost the case today,
1385
01:17:27,150 --> 01:17:32,698
and it just goes to show that what Mark Ciavarella has been saying all this time is true.
1386
01:17:32,781 --> 01:17:35,617
He never took bribes. He never took a bribe.
1387
01:17:35,701 --> 01:17:38,453
This is not a case of kids for money.
1388
01:17:38,536 --> 01:17:40,706
We hope that someone starts to understand this message!
1389
01:17:40,789 --> 01:17:42,082
-My son is not here! -Madam!
1390
01:17:42,165 --> 01:17:43,959
My son is not here. He's dead!
1391
01:17:44,042 --> 01:17:47,129
He ruined my life!
1392
01:17:47,212 --> 01:17:50,132
I want him to burn in hellfire!
1393
01:17:51,008 --> 01:17:52,968
No, do you know what he told the court?
1394
01:17:53,051 --> 01:17:55,428
"You need to take responsibility for your actions!"
1395
01:17:55,512 --> 01:17:57,347
It's you who needs it! Do you remember me?
1396
01:17:57,430 --> 01:18:01,476
Do you remember me? Remember my son, an award-winning fighter?
1397
01:18:01,559 --> 01:18:03,771
He's gone! He shot himself through the heart!
1398
01:18:03,854 --> 01:18:06,774
You damn! You ruined my life!
1399
01:18:06,857 --> 01:18:08,358
I hate him!
1400
01:18:09,234 --> 01:18:10,736
...suicide.
1401
01:18:11,028 --> 01:18:13,321
-Someone better do something with him! -We will.
1402
01:18:15,282 --> 01:18:17,409
-What was your first reaction? -Mark Ciavarella,
1403
01:18:17,951 --> 01:18:23,665
guilty of 12 of 39 federal offenses.
1404
01:18:23,749 --> 01:18:28,545
Judgment day has arrived and Mark Ciavarella is going to hell.
1405
01:18:28,628 --> 01:18:31,882
-Are you still getting your pension? -Cry, you asshole.
1406
01:18:32,507 --> 01:18:36,136
Ciavarella was found guilty of extortion, mail fraud,
1407
01:18:36,219 --> 01:18:40,849
money laundering, conspiracy and falsifying tax returns.
1408
01:18:42,017 --> 01:18:44,686
The jury found the former judge not guilty of 27 counts,
1409
01:18:46,646 --> 01:18:48,481
including fraud, taking bribes,
1410
01:18:48,565 --> 01:18:51,276
five instances of money laundering and extortion.
1411
01:18:53,611 --> 01:18:56,489
I was disappointed they didn't blame him for more accusations,
1412
01:18:56,573 --> 01:18:58,826
but i think it was enough
1413
01:19:00,077 --> 01:19:03,455
to lock him up for 10 to 15 years at least.
1414
01:19:03,789 --> 01:19:04,790
Ciavarella guilty of extortion
1415
01:19:04,873 --> 01:19:07,250
He is 60 years old, if he takes 15 years,
1416
01:19:07,334 --> 01:19:08,543
he will be 75.
1417
01:19:08,626 --> 01:19:11,379
Unless he leaves for good behavior and all.
1418
01:19:11,463 --> 01:19:14,800
Maybe now he sees
1419
01:19:14,883 --> 01:19:17,719
what it's like to be separated from your family.
1420
01:19:18,053 --> 01:19:19,387
And this mother?
1421
01:19:19,471 --> 01:19:22,057
-Sad, I feel bad for her. -Yes.
1422
01:19:22,140 --> 01:19:24,684
-Her son committed suicide. -Yes.
1423
01:19:24,767 --> 01:19:26,478
He shot himself in the heart.
1424
01:19:46,456 --> 01:19:49,042
January 2010,
1425
01:19:49,126 --> 01:19:51,669
Ed was released from state prison.
1426
01:19:52,295 --> 01:19:56,884
He returned home for five months, managed to stay.
1427
01:20:26,121 --> 01:20:27,789
It was Memorial Day.
1428
01:20:27,873 --> 01:20:31,751
Ed was at the top of the mountain with his father.
1429
01:20:36,714 --> 01:20:38,884
Vitria de Kenzakoski.
1430
01:20:39,217 --> 01:20:43,096
They drank all day, as usual.
1431
01:20:45,223 --> 01:20:48,726
He shouldn't be drinking, he was on probation.
1432
01:20:49,477 --> 01:20:51,563
He was fighting with his father.
1433
01:20:55,442 --> 01:20:58,486
I was talking to him, asking to come:
1434
01:20:58,570 --> 01:21:00,238
"You have work tomorrow, come to sleep."
1435
01:21:00,322 --> 01:21:04,076
"No! I will... I want to be closer to work."
1436
01:21:12,084 --> 01:21:16,213
And he ended up going to his cabin by the water.
1437
01:21:18,006 --> 01:21:20,467
He took a gun and shot himself in the heart.
1438
01:21:40,070 --> 01:21:41,654
It's all hearts.
1439
01:21:43,781 --> 01:21:46,451
I talked to Ed and said that
1440
01:21:46,534 --> 01:21:50,247
I was struggling and needed a sign that he is with me.
1441
01:21:50,330 --> 01:21:53,916
I was walking and my foot hit something,
1442
01:21:54,001 --> 01:21:56,711
I automatically bent down to pick it up.
1443
01:21:56,794 --> 01:21:59,631
When I picked it up, I thought:
1444
01:21:59,714 --> 01:22:02,092
"That looks like a crooked heart."
1445
01:22:02,175 --> 01:22:04,594
Then I turned and that was it.
1446
01:22:09,391 --> 01:22:12,727
This one I found in the park.
1447
01:22:12,810 --> 01:22:15,897
And this is just a smooth round stone with a heart.
1448
01:22:15,981 --> 01:22:19,442
It looks like it was recorded there. I found this one in the water.
1449
01:22:20,902 --> 01:22:25,240
No matter how many signals I get, I still miss his voice.
1450
01:22:25,323 --> 01:22:27,075
I miss hearing the word "mother".
1451
01:22:27,159 --> 01:22:29,119
I miss his smile.
1452
01:22:30,578 --> 01:22:31,621
I miss talking to him.
1453
01:22:31,704 --> 01:22:35,375
I miss everything, vacations, holidays and...
1454
01:22:54,686 --> 01:22:58,981
It wasn't like we had a grand life.
1455
01:23:00,233 --> 01:23:04,446
Most of the money I received I used to send my children to school,
1456
01:23:04,529 --> 01:23:05,822
pay some debts.
1457
01:23:06,823 --> 01:23:08,491
And now here I am, 60 years old...
1458
01:23:10,160 --> 01:23:11,453
...with nothing,
1459
01:23:11,536 --> 01:23:15,415
living with my brother-in-law and sister-in-law.
1460
01:23:20,337 --> 01:23:23,840
I had difficulties, you know: "Why did I take this money?"
1461
01:23:24,757 --> 01:23:28,928
I don't know if it was necessarily greed that made me accept it.
1462
01:23:29,011 --> 01:23:32,140
I think it was more a feeling of financial security.
1463
01:23:32,224 --> 01:23:34,434
All the things you want to do with your kids,
1464
01:23:34,517 --> 01:23:38,396
I had the opportunity to do it because I was going to receive that money.
1465
01:23:38,480 --> 01:23:39,731
And...
1466
01:23:42,692 --> 01:23:44,652
I destroyed my life because of this.
1467
01:23:45,153 --> 01:23:46,821
Can you lift your head, Marco?
1468
01:23:46,904 --> 01:23:49,241
-Lift your head for photos. - Party hat.
1469
01:23:49,324 --> 01:23:51,243
- Party hat. -Just for the pictures, buddy.
1470
01:23:51,326 --> 01:23:55,497
I have a grandson who will be two in July.
1471
01:23:56,581 --> 01:23:57,915
Everything is fine.
1472
01:23:58,250 --> 01:24:00,418
I have a grandson on the way.
1473
01:24:02,044 --> 01:24:03,588
have a good chance
1474
01:24:04,756 --> 01:24:08,926
of these children not knowing me personally.
1475
01:24:09,469 --> 01:24:14,099
They'll probably only know me from stories and pictures or...
1476
01:24:15,933 --> 01:24:19,354
I hope they understand
1477
01:24:20,272 --> 01:24:24,276
that I wasn't as bad as people say.
1478
01:24:27,279 --> 01:24:31,199
I hope they understand that their grandfather
1479
01:24:33,285 --> 01:24:35,077
made a serious mistake.
1480
01:24:36,121 --> 01:24:37,455
And...
1481
01:24:46,298 --> 01:24:48,841
You can't be part of their lives because of that.
1482
01:24:53,471 --> 01:24:54,972
...difficult.
1483
01:24:57,809 --> 01:24:59,811
What do they end up knowing?
1484
01:25:09,446 --> 01:25:12,031
It's just that their grandfather was a terrible person.
1485
01:25:48,526 --> 01:25:51,696
Today I stand before you to hear my sentence of imprisonment.
1486
01:25:53,114 --> 01:25:54,491
I want to take this opportunity
1487
01:25:54,574 --> 01:25:57,410
to apologize to the citizens of Luzerne County
1488
01:25:57,494 --> 01:25:59,954
for violating their trust in me.
1489
01:26:01,080 --> 01:26:02,999
To all the young people who appeared before me,
1490
01:26:03,082 --> 01:26:04,667
I would also apologize to them,
1491
01:26:04,751 --> 01:26:08,045
and would ask if they would forgive me for being a hypocrite.
1492
01:26:08,129 --> 01:26:10,798
I hope they learn from my mistake
1493
01:26:10,882 --> 01:26:14,386
and realize that everything we do in life has consequences.
1494
01:26:15,262 --> 01:26:17,930
I was sentenced for a crime I never committed.
1495
01:26:18,723 --> 01:26:21,142
There was no connection between the money I received
1496
01:26:21,226 --> 01:26:23,728
and children placed in Child Care.
1497
01:26:27,189 --> 01:26:30,735
But today, I'm here to be guilty as a judge of children for money.
1498
01:26:32,194 --> 01:26:35,698
Those three words made me the personification of evil.
1499
01:26:36,073 --> 01:26:37,492
They caused a public commotion,
1500
01:26:37,575 --> 01:26:40,119
of a size that this community had never seen.
1501
01:26:43,205 --> 01:26:46,501
I lost everything I worked for and everything I loved.
1502
01:26:46,584 --> 01:26:48,545
But I will never lose my strength
1503
01:26:48,628 --> 01:26:52,340
to fight against those who say that I received money to imprison children,
1504
01:26:52,424 --> 01:26:53,716
because I never got it.
1505
01:26:55,176 --> 01:26:56,886
Ironic....
1506
01:26:56,969 --> 01:26:59,847
let this sentence be for the crimes I committed,
1507
01:26:59,931 --> 01:27:02,600
and not for a crime or crimes I didn't commit.
1508
01:27:03,601 --> 01:27:06,896
Thanks for the opportunity to say what I needed to say.
1509
01:27:06,979 --> 01:27:08,481
What can you tell us?
1510
01:27:08,565 --> 01:27:11,443
We will definitely try a appeal.
1511
01:27:28,376 --> 01:27:30,086
Family applaud sentence
1512
01:27:53,192 --> 01:27:56,696
There are journalists who live to have a story like that.
1513
01:27:57,322 --> 01:27:59,991
But it is distressing that this happened in your region
1514
01:28:00,074 --> 01:28:02,034
and with people you know.
1515
01:28:02,118 --> 01:28:03,703
That day with Sandy Fonzo, I...
1516
01:28:03,786 --> 01:28:05,079
The Judgment of the Century
1517
01:28:05,162 --> 01:28:08,666
It was devastating to hear her speak. It was heartbreaking.
1518
01:28:10,960 --> 01:28:12,920
I see her picture on the front page.
1519
01:28:15,006 --> 01:28:17,717
Of all, this is the thing I will remember the most.
1520
01:28:17,800 --> 01:28:20,177
of those two years.
1521
01:28:28,019 --> 01:28:31,398
The next day, my phone wouldn't stop ringing, multiple messages.
1522
01:28:31,481 --> 01:28:34,401
This went on every day for weeks.
1523
01:28:36,736 --> 01:28:37,904
Different groups of lawyers.
1524
01:28:37,987 --> 01:28:41,115
Several people telling me: "This happened to me",
1525
01:28:41,198 --> 01:28:42,700
and "Please help me."
1526
01:28:42,784 --> 01:28:44,452
You know, I felt overwhelmed.
1527
01:28:44,536 --> 01:28:46,454
I'm not a lawyer, I'm not...
1528
01:28:46,538 --> 01:28:49,916
I can only do what I did.
1529
01:28:50,041 --> 01:28:54,462
In honor of Ed, his mother Sandy became an advocate
1530
01:28:54,546 --> 01:28:57,882
of changes within the juvenile justice system.
1531
01:29:00,217 --> 01:29:02,512
No one listened because they were children.
1532
01:29:02,595 --> 01:29:05,097
Even though sometimes I was in detention
1533
01:29:05,181 --> 01:29:07,934
and think, "This is unfair.
1534
01:29:08,017 --> 01:29:12,104
I hate authorities. I hate judges and police and all.
1535
01:29:12,188 --> 01:29:14,482
I hate our legal system."
1536
01:29:14,566 --> 01:29:18,069
And I ended up being saved by the legal system.
1537
01:29:18,903 --> 01:29:20,655
There are people who are still good
1538
01:29:20,738 --> 01:29:25,367
and they can serve justice properly.
1539
01:29:26,035 --> 01:29:29,163
Something so negative can change.
1540
01:29:30,247 --> 01:29:34,961
Hillary graduated from university and plans to become an English teacher
1541
01:29:35,044 --> 01:29:37,004
focusing on children at risk.
1542
01:29:39,090 --> 01:29:41,092
At almost 22 years old, I'm still not in school.
1543
01:29:42,218 --> 01:29:44,303
I find it a little embarrassing.
1544
01:29:45,429 --> 01:29:48,683
What I want to do is study Music
1545
01:29:48,766 --> 01:29:49,851
na Berklee College of Music.
1546
01:29:49,934 --> 01:29:52,895
Of all music schools, it is the most prestigious.
1547
01:29:52,979 --> 01:29:55,356
You need to be the best of the best to get in there.
1548
01:29:55,439 --> 01:29:57,399
I want to be a musician.
1549
01:29:57,484 --> 01:29:59,401
In North Central there was a program:
1550
01:29:59,486 --> 01:30:02,446
If I was 17, I could do high school and not go to high school,
1551
01:30:02,530 --> 01:30:06,033
and for someone aged 17, not going to school is too much.
1552
01:30:06,450 --> 01:30:08,244
I regret having done this.
1553
01:30:09,286 --> 01:30:11,831
Because everyone I know is going to university.
1554
01:30:11,914 --> 01:30:13,708
Stayed in high school, got good grades
1555
01:30:13,791 --> 01:30:15,752
and now they have more options than me.
1556
01:30:19,964 --> 01:30:23,968
Justin lives with his mother, works as a cook and writes songs.
1557
01:30:24,051 --> 01:30:26,638
He hopes to study Music.
1558
01:30:28,765 --> 01:30:31,475
If I hadn't been homeschooled, I would have dropped out of school.
1559
01:30:32,894 --> 01:30:34,854
I'm still graduating from the same school.
1560
01:30:34,937 --> 01:30:37,231
I still go to school to graduate.
1561
01:30:38,816 --> 01:30:42,153
I fixed my hair and started to get nervous.
1562
01:30:42,654 --> 01:30:44,781
I think I'm going to throw up.
1563
01:30:44,864 --> 01:30:48,868
I'm taking medicine to not go crazy and stuff.
1564
01:30:48,951 --> 01:30:50,870
I get a cold sweat and everything,
1565
01:30:50,953 --> 01:30:52,914
because there will be many people there
1566
01:30:52,997 --> 01:30:55,875
and I am very nervous about them.
1567
01:30:56,292 --> 01:30:58,753
I'm glad I made it to the end.
1568
01:30:58,836 --> 01:31:01,463
I didn't think I was going to graduate.
1569
01:31:01,548 --> 01:31:04,759
My mother, my father and my sister
1570
01:31:04,842 --> 01:31:07,303
kept giving me confidence:
1571
01:31:07,386 --> 01:31:09,388
"Amanda, get your voice."
1572
01:31:09,471 --> 01:31:11,515
They haven't given up on me.
1573
01:31:14,811 --> 01:31:18,064
I'm my father's only daughter to graduate.
1574
01:31:20,775 --> 01:31:22,359
Amanda Lorah.
1575
01:31:26,363 --> 01:31:28,741
I was nervous on stage.
1576
01:31:28,825 --> 01:31:31,994
Afterwards, I relaxed.
1577
01:31:33,370 --> 01:31:36,082
It's the best feeling in the world, I've never felt this before.
1578
01:31:36,165 --> 01:31:38,668
I think I'm going to cry with joy.
1579
01:31:42,755 --> 01:31:46,593
Amanda lives in California with her father.
1580
01:31:46,676 --> 01:31:49,762
She still suffers from post-traumatic stress.
1581
01:31:57,561 --> 01:32:01,065
Sometimes I think the choices I made were...
1582
01:32:01,190 --> 01:32:02,399
They were wrong.
1583
01:32:02,859 --> 01:32:04,568
I didn't do the best I could.
1584
01:32:04,652 --> 01:32:07,488
And that's horrible, I see your picture
1585
01:32:07,571 --> 01:32:09,281
and I know that you are here.
1586
01:32:10,825 --> 01:32:13,661
They accused me of using a credit card, which I used.
1587
01:32:13,745 --> 01:32:18,249
It belonged to my grandfather and his wife.
1588
01:32:18,750 --> 01:32:23,212
The charges I received were 31 instances of fraud
1589
01:32:23,671 --> 01:32:26,298
by using your credit card, of course.
1590
01:32:26,382 --> 01:32:29,886
And one for receiving stolen property for being in his possession.
1591
01:32:29,969 --> 01:32:31,638
I don't remember doing that.
1592
01:32:31,721 --> 01:32:33,890
I was finished drinking.
1593
01:32:33,973 --> 01:32:37,894
And we weren't drinking, we were smoking marijuana, taking pills.
1594
01:32:39,436 --> 01:32:42,439
It was all heavy. She needed to find a job.
1595
01:32:42,523 --> 01:32:44,108
I was 18 years old.
1596
01:32:44,901 --> 01:32:48,445
While I was detained, they never let me, you know...
1597
01:32:48,529 --> 01:32:54,118
They don't teach you what to do in the real world.
1598
01:32:55,536 --> 01:32:58,205
I think it would have been nice to have had help.
1599
01:32:59,666 --> 01:33:02,418
Maybe it's good I'm here, I don't know.
129570
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