The LuLac Edition #1478, Feb. 18th, 2011

CIAVARELLA TRIAL

DAY 10

DAY OF DECISION

When Mark Ciavrella was a young lawyers starting out his practice at the old United Penn Bank building in Wilkes Barre, the date February 18th meant nothing to him. But today, that day, the 18th of February was the day his fate was decided by a jury in a federal corruption trial that spanned two weeks. Those two weeks were preceded by a multi year investigation that unveiled a pattern of behavior that would ultimately take him from the lofty perch of Common Pleas Judge to that of a convicted felon.
Friday started out uneventfully. The jury got to the Courthouse at 8:30AM armed with a box of Crispy Kreme donuts and looks of determination. While the jurors met, Ciavarella paced the hall of the Courthouse alone in his thoughts. At 10:55AM Judge Kosik emerged from his chambers and told the media the jury was going to order lunch. Speculation ran rampant that perhaps the jury was stumped on the wire transfer charges. Courtroom groupies wondered aloud about a Saturday session. Media members were fretting because we all had plans.
Shortly afternoon, a delivery man from J.C.’s deli brought in a huge box to the Marshalls on the first floor. The jury worked through lunch. In the afternoon lawyers conferred on three questions regarding Government lawyers said two of the questions dealt with typographical errors in paperwork provided to the jury members. A third question involved payments delivered by Jill Moran. In testimony, Moran said three, Powell said two. Both defense and prosecution said they were okay with the Jury relying on their own recall of the testimony.
At 1:45PM, the jury entered the room. The courtroom was packed with a pensive Mark Ciavarella standing quietly. Then the climax of the trial began with the question: “Have you reached a verdict?” The answer was yes and a large envelope with Ciavarella’s fate was handed to the Judge. He read it over briefly and then the decisions were announced:
The first count was the linchpin of the government case. This is the one the government really wanted:
1. Racketeering: GUILTY.
2. Racketeering conspiracy, accusing Ciavarella of conspiring to conduct and participate in an enterprise to commit criminal acts. GUILTY.
3. $120,000 wire transfer on July 12, 2004. This refers to a payment from Robert Powell's company Vision Holdings. NOT GUILTY
4. 100,000 wire transfer on Sept. 23, 2004. This refers to a payment from Powell NOT GUILTY.
5. $1 million wire transfer on on July 15, 2006. This refers to a "finder's fee paid by developer Robert Mericle. NOT GUILTY.
6. $150,0000 wire transfer on Feb. 3, 2006. This refers to a "finder's fee" paid by Mericle for expansion of a detention facility co-owned by Powell. NOT GUILTY.
The next counts involved mail fraud. By admitting on the stand that he did not report enough income on his tax returns, Ciavarella all but handed this one to the jury on a silver platter.
7. Mailing of statement of financial interest in April, 2004 for the year 2003 GUILTY.
8. Mailing of statement of financial interest in March, 2005, for the year 2004 GUILTY.
9. Mailing of statement of financial interest in April, 2006, for the year 2005 GUILTY.
10. Mailing of statement of financial interest in March, 2007, for the year 2006.
Counts 11 through 20 were the bribery charges. The jury found him not guilty of receiving kickbacks involving federal programs. NOT GUILTY.
11. Checks totaling $200,000 paid between Feb. 15 and 24, 2004 This refers to a payment from Powell. NOT GUILTY.
12. Checks totaling $100,000 paid on April 30, 2004. This refers to a payment from Powell. NOT GUILTY.
13. $120,000 wire transfer on July 12, 2004.This refers to a payment from Powell. NOT GUILTY.
14. $100,000 wire transfer on July 12, 20004. This refers to a payment from Powell NOT GUILTY.
15. $1 million wire transfer on July 15, 2005 This refers to a payment by Mericle. NOT GUILTY.
16. 150,000 wire transfer on Feb. 3, 2006. This refers to a payment by Mericle. NOT GUILTY.
17. $42,000 payment on Aug. 16, 2006. This refers to a cash payment from Powell NOT GUILTY.
18. $20,000 payment on Nov. 1, 2006.This refers to a cash payment from Powell NOT GUILTY.
19. $50,000 payment on Nov. 20, 2006. This refers to a cash payment from Powell NOT GUILTY.
20. $31,500 payment on Dec 18, 2006.This refers to a cash payment from Powell.
21. Was a money laundering conspiracy charge saying Ciavarella deliberately tried to hide income by funneling the money through other sources before receiving it. GUILTY.
Charges 22 through 26 were specific money laundering charges.
22. Checks totaling $70,000 deposited Jan. 20, 2004. This refers to a payment from Powell. NOT GUILTY.
23. Checks totaling $200,000 deposited Feb. 24, 2004. This refers to a payment from Powell. NOT GUILTY.
24. Checks totaling $100,000 deposited on May 3, 2004. This refers to a payment from Powell. NOT GUILTY.
25. $120,000 wire transfer on July 12, 2004. This refers to a payment from Powell. NOT GUILTY.
26. Count $100,000 wire transfer on Sept. 23, 2004. This refers to a payment from Powell. NOT GUILTY.
Charges 27 through 34 are all extortion counts regarding Ciavarella’s ability as a Judge to extort money from Bob Powell.
27. Three checks totaling $200,000 paid between Feb. 15 and Feb. 24, 2004. NOT GUILTY.
28. Two checks totaling $100,000 paid on April 30, 2004. NOT GUILTY.
29. $120,000$100,000 wire transfer on Sept. 23, 2004. NOT GUILTY.
30. $100,000 wire transfer on Sept. 23, 2004. NOT GUILTY.
31. $42,000 payment on Aug. 16, 2006. NOT GUILTY.
32. $20,000 payment on Nov. 1, 2006. NOT GUILTY.
33. $50,000 payment on Nov. 20, 2006. NOT GUILTY.
34. $31,500 payment on Dec. 18, 2006. NOT GUILTY.
The next few counts were about taxes. Al Capone was done in by not paying his taxes. So was Mark Ciavarella. City wide tower Bob Kadluboski, a visitor at today’s trial contended that if the taxes were paid, we wouldn’t be sitting here today in court. Ciavarella admitted to this on the stand on Tuesday.
35. This is a conspiracy to defraud the United States, and involves Conahan's failure to report income from Powell and Mericle. Conspiracy laws allow a person to be convicted of the charge even if they didn't commit the act, but their co-conspirator did. GUILTY
36. IRS form 1040 filed on or about April 15, 2004 for the year 2003. GUILTY.
37. IRS form 1040 filed on or about April 15, 2005, for the year 2004. GUILTY.
38. IRS form 1040 filed on or about April 15, 2006 for the year 2005. GUILTY.
39. IRS form 1040 filed on or about April 15, 2007, for the year 2006. GUILTY.
After the charges were read, Kosik called a sidebar. The lawyers then debated whether the government could go after the $997,600 “gift” from Robert Mericle. The Prosecution contended it was an ill gotten gain, the defense said that three other players, including Powell and Conahan had some of the money so the total should be reduced. The jury went out for a another half hour. Judge Ciavarella stood with his arms folded conferring with his lawyers. The jurors returned and rendered the verdict that indeed if there was any hidden money, Ciavarella would have to forfeit all of it.
Judge Kosik then thanks the jury for their service, reminded them that their names were now public record and they could make the choice whether to speak to the media about the case. As the jurors left, a smattering of applause was heard commending them for their diligence.
Arguments then began on whether Ciavarella should be remanded. The Government said he was a flight risk, that he had access to money. They brought up Barbara Conahan;s loan to Ciavarella. They claimed he had nothing to lose and would flee. Kosik reminded the Government that Ciavarella met every appointment with his probation officer. Defense Attorney Bill Ruzzo said that Ciavarella had no money, was ruined financially, was not very likely to get any financial help from the Conahans and that the prosecution claim that “Ciavarella had nothing to lose was wrong”. Throughout the trial, Ruzzo never raised his voice. Many observers said he was not that exciting as a speaker. But his voice rose when he said, “Nothing to lose, look at the people in the front row. That’s family. Mark Ciavarella would rather be on a gurney rather than flee them”.
When Kosik asked for a rebuttal from the prosecution, they declined. Kosik said he was aware of the enormity of the charges Ciavarella faced, the time (over 125 years) and the gravity of the situation. But he chose the compassionate route and put the former Judge in the custody of his pregnant daughter. Cindy Ciavarella embraced Defense Attorney Al Flora as the courtroom emptied out.
It was over. Mark Ciavarella was a convicted felon. He was found guilty of 12 of the 39 counts. That is a fact. Mark Ciavarella was found not guilty of 27 other counts. That too is a fact. Those facts would be a source of great debate and opinion as the Ciavarella’s left the Courtroom. In all the time it took them to ride the elevator from floor 4 to 1, the Ciavarella’s would face that debate as they hit the streets of Scranton.