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Showing posts with the label Luzerne County

Homicide by Vehicle Charges Bound to Court

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Charges against the man involved in a fatal Memorial Day weekend crash near Port Allegany have been bound to McKean County Court. 31-year-old Jerver Fernandez of Luzerne County appeared for a preliminary hearing in front of District Judge Bill Todd today. Fernandez is charged with homicide by vehicle and homicide by vehicle while DUI in connection to the May 24 crash on Route 6 that killed 27-year-old Robert Bowes. Fernandez is free on $25,000 unsecured bail. The news leader of the Twin Tiers ... since 1947

Homicide by Vehicle Hearing Continued

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The hearing for a man charged in a fatal Memorial Day weekend crash near Port Allegany has been moved again. 31-year-old Jerver Fernandez of Luzerne County had been scheduled to be in court on Monday, but the hearing has been moved to August 20. The hearing was originally scheduled for June 19. Fernandez is charged with homicide by vehicle and homicide by vehicle while DUI in connection to the May 24 crash on Route 6 that killed 27-year-old Robert Bowes. Fernandez is free on $25,000 unsecured bail. The news leader of the Twin Tiers ... since 1947

Hearing for Fatal Crash Moved

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The man charged in a fatal Memorial Day weekend crash near Port Allegany was scheduled to be in McKean County Central Court today, but his preliminary hearing has been moved to next month. 31-year-old Jerver Fernandez of Luzerne County is charged with homicide by vehicle and homicide by vehicle white DUI for the May 24 crash on Route 6 about two miles east of Port Allegany. Police say his pickup truck crossed the center line and hit a car driven by 27-year-old Robert Bowes head-on. Bowes was pronounced dead at the scene. Fernandez is free on $25,000 unsecured bail. The new hearing date is July 28. The news leader of the Twin Tiers ... since 1947

Charges Filed in Fatal
Memorial Day Weekend Crash

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A Memorial Day weekend crash that killed a Port Allegany man has led to homicide by vehicle and other charges against a Luzerne County man. Charges against 31-year-old Jerver Fernandez of Nescopeck were filed today by state police. Fernandez has not been arraigned yet. Police say on May 24 on Route 6 about two miles east of Port Allegany Fernandez’s pickup truck crossed the center line and hit a car driven by 27-year-old Robert Bowes head-on. He was pronounced dead at the scene. Fernandez is also charged with homicide by vehicle while driving under the influence, aggravated assault by vehicle and aggravated assault while DUI, as well as a number of misdemeanors and summary traffic offenses. The news leader of the Twin Tiers ... since 1947

Former State Senator Facing Corruption Charges
Passes Away in His Home

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A former state senator facing public corruption charges has died following a long illness. 85-year-old Raphael Musto died this morning in his Luzerne County home. He had recently been released from a federal medical prison in North Carolina, where he was sent early this year after being declared unfit to stand trial. Musto was charged for accepting cash and other perks for helping obtain taxpayer money for development projects. He had pleaded not guilty. Senate Minority Leader Jay Costa released the following statement: "Our thoughts and prayers go out today to Senator Musto’s family and friends as we mourn his passing. Senator Musto was a champion of the environment, a legislative force and a friend who always had a kind word to help his colleagues during difficult times. “Senator Musto was a lawmaker of depth, substance and compassion. He took time to learn issues and he used his experience and expertise to benefit the citizens of Luzerne County and Northeastern Pennsylvani...

SOTUS Will Not Hear Appeal from
Jailed 'Kids for Cash' Judge

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The Supreme Court says it won't hear an appeal from a former Luzerne County judge convicted in the "kids for cash" scandal, meaning his conviction and sentence will stand. Mark Ciavarella Jr. is serving a 28-year prison sentence after his 2011 conviction on federal corruption charges. Prosecutors say Ciavarella and a second judge took millions of dollars from the owner and builder of two for-profit juvenile detention centers where he was sending thousands of young offenders. A jury convicted Ciavarella of racketeering and conspiracy. His former colleague Michael Conahan pleaded guilty to a racketeering charge. The news leader of the Twin Tiers ... since 1947

170 Pot Plants Found on State Game Lands

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A Wilkes-Barre man faces charges for allegedly growing 170 marijuana plants on state game lands in Luzerne County. The Pennsylvania Game Commission, in conjunction with the state Office of Attorney General, today filed charges in the case. Thomas Dalton, 47, of Airy Street, is charged with one felony count of manufacture of a controlled substance, one felony count of possession with the intent to deliver a controlled substance, and one misdemeanor count of possession of a controlled substance. Dalton also is charged with violating the Game and Wildlife Code by unlawfully traveling by motorized vehicle on state game lands, possessing a controlled substance or drug paraphernalia, using game lands for commercial purpose, and additional violations. Charges were filed at the office of Magiste...

Update on Juvenile Justice Reforms Released

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HARRISBURG — Chief Justice of Pennsylvania Ronald D. Castille today presented a final update on how the judiciary has addressed recommendations to bolster the state’s juvenile justice system after failures in Luzerne County led to the federal prosecution of two judges. The chief justice’s eight-page report outlines a statewide revamping of many court rules and practices taken by the court over the past three years. It was presented at the Juvenile Justice Academy held in Hershey. The Judicial Education Department of the AOPC hosted the first Juvenile Justice Academy as part of its spring symposium to familiarize juvenile court judges with the latest law, rules and practice of adjudicating young offenders. The faculty includes leading juvenile justice practitioners and legal experts. The changes outlined by the chief justice were based on a series of recommendations from the Interbranch Commission on Juvenile Justice, which was chaired by Supreme Court appointee Senior Judge Joh...

Supreme Court Rules Changes
Bolster Juvenile Justice System

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HARRISBURG — The Supreme Court of Pennsylvania has adopted changes designed to speed the appellate review of cases where child offenders are placed outside their homes in court delinquency matters. The changes made to the state’s Appellate Court Procedural Rules make a significant difference in how quickly out-of-home placement cases are reviewed. Such cases are ones in which juveniles typically are sent to a detention center or residential facility. “Although the number of these types of cases may be relatively small, the rules that the Court adopted make our juvenile justice system stronger,” Chief Justice of Pennsylvania Ronald D. Castille said. “The rules should also help appellate courts identify specific instances of sentencing abuse by individual judges. These new rules should boost the confidence Pennsylvanians have in the courts that adjudicate juveniles.” Prompting the changes was a comprehensive report prepared by the Interbranch Commission on Juvenile Justice ...

Sex Offenders Rounded Up in Central PA

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Scranton, PA – Today, United States Marshal Martin J. Pane announced the successful conclusion of Operation Safety Net III – an initiative designed to verify the addresses of more than 1,300 convicted sex offenders residing in the Middle District of Pennsylvania. This operation is the direct result of The Adam Walsh Child Protection and Safety Act of 2006, signed into law July 27, 2006. The Act commemorated the July 27, 1981 abduction and murder of 6-year old Adam Walsh. It designated the United States Marshals Service (USMS) as the lead federal law enforcement agency charged with assisting jurisdictions in locating and apprehending sex offenders who fail to register, and pursuing convicted sex offenders who cross state lines to avoid their registration requirements. Beginning in February 2012, Deputy U. S. Marshals teamed with the Pennsylvania State Police Megan’s Law Section as well as state and local police officers to verify Megan’s Law addresses of 1,309 convicted sex offenders li...

Corbett Signs Juvenile Justice Reform Bills

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Governor Tom Corbett today took part in a signing of a new juvenile justice reform package designed to protect children within Pennsylvania's criminal court system. Senate Bills 815 and 818 were created in response to the 2008 "Cash for Kids" scandal that resulted in the wrongful incarceration of numerous juveniles and, ultimately, the imprisonment of two former Luzerne County judges. Pictured, Corbett speaks with Laurene and Hillary Transue of White Haven, Luzerne County. Hillary has become an advocate for juvenile justice after being wrongly incarcerated in the 'Cash for Kids' scandal. Provided by Commonwealth Media Services

Judge Appointed to Review
'Kids for Cash' Cases Finishes His Work

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A judge appointed nearly three years ago to review thousands of juvenile convictions following the “Kids for Cash” scandal in Luzerne County has finished his work. The state Supreme Court said today that Berks County Senior Judge Arthur Grim has completed his review of cases handled by former Judge Mark Ciavarella, Jr. The justices returned control of all juvenile court functions to the Luzerne County Court of Common Pleas. Ciavarella was sentenced to 28 years in federal prison for taking $1 million in bribes from the owner and builder of a pair of for-profit youth detention centers. Former judge Michael Conahan pleaded guilty and is serving a 17-year prison term. The Supreme Court followed Grim's 2009 recommendation and dismissed the convictions of more than 2,000 juvenile offenders. The justices said Ciavarella disregarded the youths' constitutional rights, including the right to legal counsel and the right to intelligently enter a plea. Judge John Cleland of McKean County, w...

'Kids for Cash' Settlement of $17 Million

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The law firm of Caroselli, Beachler, McTiernan & Conboy (CBMC) announced that a partial settlement has been reached in the Luzerne County juvenile detention civil case. Under the agreement, Mericle Construction and its president, Robert K. Mericle, will pay $17.75 million into a settlement fund. "We could not be more pleased on behalf of these kids and their parents who have been waiting for this day for years," said William R. Caroselli. CBMC was the first firm to file a civil case in the matter, and Caroselli, David Senoff, and Lauren Fantini led the effort along with co-counsels Mike Cefalo and James Albert. The settlement resolves all claims against Mericle Construction, Mr. Mericle and Luzerne County. The lawsuits will continue against, among others, the former judges, Robert Powell, and the private juvenile facilities. The settlement has been entered into with no admission of liability. To read the release issued jointly by all of the settlement participants, please...

Castille Provides Update on Reforms
Resulting from 'Kids for Cash' Scandal

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HARRISBURG — Pennsylvania Supreme Court Chief Justice Ronald D. Castille today released a progress report on changes the courts are in the process of making in response to the juvenile justice scandal in Luzerne County. Most of the changes stem from recommendations of the Interbranch Commission on Juvenile Justice that was created by the courts, in conjunction with the executive and legislative branches, in August 2009 to investigate the scandal and develop recommendations for reform. "I believe it is important for the people of Pennsylvania to know that Pennsylvania’s Unified Judicial System and the Supreme Court have not let the Commission’s report simply gather dust on a shelf," Chief Justice Castille said. "The Judiciary is committed to improving the juvenile justice system so that the problems that were highlighted by the tragedy in Luzerne County are never repeated there or in any other county. The Chief Justice said that over the past nine months since the Commiss...

Push Begins Anew For Juvenile Protection

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Senator Lisa Baker has launched the first full-session push for juvenile justice reform by introducing a series of bills to protect the fundamental rights of kids entering the system. "For too many years, the system utterly and completely failed to protect juveniles in Luzerne County. Now, it is our obligation to approve legislation, judicial rule changes, and administrative procedures necessary to safeguard the rights of juveniles, as the state Constitution requires and a commitment to quality justice dictates," Baker said. Baker's bills will: ~~ Eliminate waiving counsel in juvenile delinquency hearings ~~ Create a victim advocate devoted to juvenile justice ~~ Require judges to state on the record the reasons behind disposition orders ~~ Expedite appellate review of juvenile cases ~~ Prohibit shackling of juveniles in the courtroom Baker believes that the wide-raging recommendations of the Interbranch Commission on Juvenile Justice must be enacted, plus several reform...

Verdict in 'Kids for Cash' Trial

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The former Luzerne County judge involved in the Kids for Cash scandal has been convicted of racketeering. A jury found 61-year-old Mark Ciavarella guilty of 12 of 39 counts. Federal prosecutors accused Ciavarella and a second judge, Michael Conahan, of taking nearly million in bribes from the builder of two juvenile detention centers and extorting hundreds of thousands of dollars from the facilities' co-owner. .He then sent children who committed minor offenses to the centers to keep the beds full and justify building the centers. The state Supreme Court threw out about 5,000 convictions. Judge John Cleland chaired the Interbranch Commission on Juvenile Justice that investigated the Kids for Cash scandal and the underlying corruption in the county. During a talk Wednesday at the University of Pittsburgh at Bradford Cleland said whether Ciavarella is convicted or not “makes no difference to the children involved.”

Man Found Guilty of Illegally Killng
Largest Bear of 2009 Season Over Bait

By Jerry Feaser PA Game Commission HARRISBURG – Charles W. Olsen Jr., 39, of Wilkes-Barre, Luzerne County, was found guilty today of illegally killing a 707-pound bear over bait during the 2009 hunting seasons, and ordered to pay fines and restitution of $6,800, plus court costs, according to Pennsylvania Game Commission Wildlife Conservation Officer (WCO) Vic Rosa, of Wyoming County. District Judge Carl Smith, of Tunkhannock, found Olsen guilty of unlawfully killing a bear, for which he was fined Olsen $1,500, and of hunting over bait, for which he fined Olsen $300. In addition, Judge Smith assessed Olsen with a $5,000 restitution penalty since the bear was considered “trophy-class,” which means that it exceeded a field-dressed weight of 350 pounds. Olsen also stands to lose his hunting and trapping privileges for at least three years. The origins of the case began when Luzerne County WCO Cory Bentzoni became suspicious when he saw a truck loaded with pastries from a local store tra...

Chief Justice Issues State of the
Commonwealth's Courts Report

HARRISBURG, April 29, 2010 - Chief Justice of Pennsylvania Ronald D. Castille today applauded the work of many, within and outside the court system, who have collaborated in the past year to “right wrongs, streamline court processes and preserve citizens’ rights.” His comments came in the fifth annual State of the Commonwealth’s Courts report, issued in anticipation of Law Day, May 1, 2010. “If ever there was a time for the state and local governments in Pennsylvania to work together, as resources are limited and citizens’ needs are great, this is that time,” Castille writes in the 2010 report. The Chief Justice outlined ways in which Pennsylvania’s court system is working to improve its administration of justice and reduce costs. Among the report’s highlights: o The Children’s Roundtable Initiative to improve dependency programs, which help abused and neglected children to find permanent and loving homes, is both reducing the need for foster care and saving scarce funds. o Problem-sol...

'Kids for Cash' Report Expected in May

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The Interbranch Commission on Juvenile Justice is getting ready to issue its report on the Kids for Cash scandal in Luzerne County. The scandal centered around two judges accused of taking financial kickbacks in return for placing juveniles in for-profit detention centers. Judge John Cleland of McKean County is chairman of the panel and says the goal is to prevent anything like this from ever happening again. ”In some ways that may be a more complex task than anyone can do,” Cleland told RadioPA. “If we knew how to avoid greed and criminality we’d be a much better society.” “But we think there are certain things that we certainly can do to improve the system,” Cleland said. “We hope we make effective and useful recommendations.” Cleland said the recommendations will likely be made public at the end of May. The panel held a total of 17 days of public hearings and work sessions.