A judge involved in one of the most significant judicial scandals in American history, which entailed a scheme to funnel children into for-profit detention centers in exchange for kickbacks, has had his prison sentence commuted by President Joe Biden this week. Michael Conahan, who was sentenced to 17 years in prison, is now a source of outrage for many in northeastern Pennsylvania, including state officials and families whose children were adversely affected by his actions. Conahan had already served the majority of his sentence, which was handed down in 2011.
Democratic Governor Josh Shapiro expressed his discontent during a news conference in Scranton, stating that Biden’s decision was profoundly misguided and would add to the pain felt in the community. “The scandal affected families in really deep and profound and sad ways,” Shapiro remarked. He asserted that Conahan “deserves to be behind bars, not walking as a free man.” An attorney who recently represented Conahan was approached for comments regarding the commutation.
The scandal, widely referred to as the kids-for-cash scandal, involved Conahan and Judge Mark Ciavarella, who dismantled a county-operated juvenile detention center and accepted approximately $2.8 million in illegal payments from a business associate who owned two private prisons. Ciavarella enforced a harsh zero-tolerance judicial policy that resulted in a surge of children incarcerated in these profit-driven facilities. This corruption led the Pennsylvania Supreme Court to vacate around 4,000 juvenile convictions linked to over 2,300 children.
Sandy Fonzo, whose son’s life ended tragically at the age of 23 after being incarcerated by Ciavarella as a teenager, condemned the commutation as an “injustice.” Fonzo expressed her profound shock and hurt, stating, “Conahan’s actions destroyed families, including mine, and my son’s death is a tragic reminder of the consequences of his abuse of power. This pardon feels like an injustice for all of us who still suffer.” She mentioned her ongoing struggle to cope with the renewed pain that the decision has caused.
The Juvenile Law Center, which was instrumental in a $200 million civil judgment against both Conahan and Ciavarella, showed support for Biden’s commutation but urged that similar compassion be shown towards juvenile defendants nationwide.
Before his conviction, Conahan held considerable influence in northeastern Pennsylvania, often seen dining with individuals linked to local organized crime. In a statement made during his guilty plea in 2010, Conahan acknowledged the wrongdoing of his actions, asserting, “The system is not corrupt. I was corrupt.” In 2020, he was moved to home confinement, serving the last six years of his sentence as part of an initiative aimed at preventing COVID-19 outbreaks within federal institutions. Meanwhile, Ciavarella, who opted for a trial and was found guilty on several counts, is currently serving a 28-year prison term.
