HARRISBURG, Pa. — The state Supreme Court said yesterday it was sufficiently
troubled by the role two judges at the center of a juvenile-justice scandal
played in a defamation case to overturn a $3.5 million verdict against a
northeastern Pennsylvania newspaper and order a new trial.
The high
court said the appearance of judicial impropriety was enough to justify its
actions in the case that involved reporting in 2001 by The Citizens’
Voice of Wilkes-Barre of raids by state police and IRS agents on the home
and business of Thomas A. Joseph.
Joseph was never charged. His lawsuit against the paper, its parent company,
the Scranton Times LP, and former reporter Edward Lewis claimed he had been
defamed by anonymous sources that connected him to suspected illegal
activity.
Joseph and his direct-mail marketing firm, AcuMark Inc., won the verdict
after Luzerne County Judge Michael T. Conahan assigned the case to fellow Judge
Mark A. Ciavarella, who issued the multimillion-dollar verdict following a bench
trial in 2006.
The state Superior Court upheld the award last year, saying the articles were
inaccurate and the paper failed to follow its own anonymous-sourcing rules.
Conahan’s relationship with reputed mobster William D’Elia, a childhood
friend of Joseph, was a factor in their decision, the justices wrote. D’Elia’s
home was searched the same day as Joseph’s, and the paper claimed D’Elia and
Conahan had fixed the case.
Ciavarella said at a July hearing on the matter that he never spoke with the
two men about the case, but Conahan and D’Elia asserted their Fifth Amendment
rights against self-incrimination.
“The inherently troubling nature of Conahan’s and Ciavarella’s compromised
positions as jurists is enhanced, in this case, given that the subject matter of
this defamation lawsuit concerned newspaper articles reporting on the undisputed
fact of a federal criminal investigation into D’Elia’s and Joseph’s alleged ties
to organized crime activities,” the court ruled.
Tim Hinton, the newspaper’s lawyer, said Joseph never proved the articles
were false.
Hinton expects to push for dismissal of the case once it is assigned to a
county judge.
“We’re very pleased with this decision,” Hinton said. “I think the Supreme
Court is making great strides in rectifying the damage caused by Conahan and
Ciavarella.”
Conahan and Ciavarella are awaiting trial in federal court on charges that
they took more than $2 million in kickbacks to place children in privately run
juvenile facilities, the so-called “kids for cash” scandal.
The two former judges pleaded guilty earlier this year to fraud and tax
evasion, but the presiding judge refused to accept their pleas, saying they had
not adequately accepted responsibility for their actions.
Last week, the state Supreme Court dismissed thousands of juvenile
convictions issued by Ciavarella between 2003 and 2008 because of doubts the
defendants received fair hearings.
Joseph’s attorney, George Croner, told the Associated Press in April that he
had “no doubt” the stories defamed his client. He did not return a phone message
seeking comment yesterday.