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HARRISBURG — Former Luzerne County President Judge Mark Ciavarella appeared before a federal judge Thursday in his latest effort to undo a 28-year prison term for his role in the nationally known “Kids for Cash” scandal.
Ciavarella, now 67 and just six years into his sentence, is arguing the attorneys who represented him during his 2011 case were ineffective and did not bring up a statute of limitation claim that could have altered his sentence.
As part of his appeal, the disgraced jurist — brought into court in an orange prison jumpsuit — is arguing too much time had passed for him to prosecuted and his lawyer should have asked the trial judge for a jury instruction on that claim.
Prosecutors said Ciavarella and fellow county judge Michael Conahan accepted $2.8 million from former attorney Robert Powell and local real estate developer Robert Mericle.
Sandy Fonzo, famous for confronting and screaming at the ex-judge after he was convicted, says her son feel into a deep depression after Ciavarella incarcerated him. Fonzo believes that led to her boy’s suicide years later.
The mother had harsh words for Ciavarella’s latest appeal effort.
“It’s all BS,” she said. “These are smart attorneys. There’s no way they forgot something that could throw all this out and drop all these charges and have them acquitted or (get a) new trial.”
During Thursday’s hearing, which lasted about two hours, Ciavarella’s trial attorney Al Flora was asked if the statue of limitations argument could have been raised within the framework of the defense’s main point — no crimes were committed.
“That is not inconsistent with arguing that there were no bribes or kickbacks,” Flora answered.
Federal prosecutors looking to uphold the lengthy prison term say Ciavarella’s convictions should stand because his crimes fell within appropriate time limits.
U.S. Middle District Chief Judge Christopher C. Conner says he will be reviewing the day’s claims in transcripts and also wants prosecutors to write briefs on the statute of limitations issue.
Conner could decide to grant Ciavarella a re-trial or reject his claims altogether.
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