The recent decision by President Joe Biden to commute the sentence of Michael Conahan, a Pennsylvania judge implicated in the notorious ‘Kids for Cash’ scandal, has drawn significant backlash. This shocking declaration has rightfully incensed the many victims of Conahan’s nefarious dealings. Rather shockingly, Conahan was among the massive cohort of almost 1,500 people granted clemency during the ongoing COVID-19 pandemic; a legally dubious maneuver that has raised eyebrows among discerning observers.
Conahan’s co-conspirator, Mark Ciavarella, was also a Democratic judge. Together, these corrupt judges were responsible for an unethical practice that involved shipping countless children off to privately run juvenile facilities in return for sizeable kickbacks amounting to millions. This travesty of justice saw juveniles being handed inequitable sentences, a testament to the rot in the establishment they were part of.
In 2011, Conahan’s deplorable actions landed him a justified 17.5-year prison term following a guilty plea for racketeering conspiracy. However, this firm sentence was not allowed to reach its natural conclusion, as Conahan was prematurely freed to home confinement under federal surveillance in 2020, with a significant six years pending on his sentence.
Victims are rightly outraged by Biden’s controversial move. Among them, Sandy Fonzo, whose son fatefully took his own life at the tender age of 23, following a spell in juvenile detention for a minor drug offense. His sentence, enforced when he was just 17, came courtesy of Ciavarella. Fonzo has vividly expressed her emotional and physical torment following Biden’s unwanted pardon of Conahan.
Sharing a sentiment of betrayal and disillusionment, Fonzo stated, ‘It’s devastating and hurtful.’ Conahan’s reign of injustice shattered numerous families, mine included. His role in my son’s premature demise serves as a grim foot-note to his power abuse. Commuting his sentence distinctly signifies a further injustice that compounds our pain.’
The most recent presidential clemency represented a record-breaking moment in history with the commendation of 39 pardons and 1,499 shortened sentences through commutation. However, not everyone adopts Biden’s skewed perspective or shares his wonky definition of ‘justice’. Victims like Amanda Lorah harbor grievances towards the system.
Lorah, who had to endure nearly five years in a Pennsylvania juvenile detention facility at the behest of Ciavarella for a school fight, also vehemently criticized Biden’s impulsive and misguided decision. ‘This is yet another insult to the injury for us,’ Lorah stated, reflecting the sentiment of many similarly disillusioned individuals.
Attempting to offer some justification, the White House declared that those granted shorter sentences had successfully re-acclimated to their families and communities during the pandemic shutdown. They supposedly demonstrated their worthiness of a ‘second chance.’ This begs the question: what about all the juveniles subjected to extended periods in detention due to Conahan and Ciavarella’s criminal activities, denied of seeking justice?
Lorah echoes this sentiment, questioning the baffling double standards. Why is it that youth, who were schematic victims of Conahan and Ciavarella’s abuse of power, are not offered the same level of resorted justice? ‘Is President Joe Biden planning to do anything for these kids who never received any form of justice from this ordeal?’ Lorah poignantly queries.
It appears that only Conahan receives undue leniency. Despite wreaking havoc on many young lives, he consistently enjoys light punitive measures, indirectly implying an inherent system bias and a slap on the wrist for previously powerful individuals.
Interestingly, Ayanna Pressley, a Democratic Representative from Massachusetts, commended Biden’s severely flawed and sweeping clemency decision. Paradoxically preaching the benefits of Biden’s disputable action, Pressley claimed it as ‘meaningful and historic.’ On the contrary, this decision only enhances the cynical view of a convoluted political system rife with issues.
In 2011, Ciavarella earned a well-deserved 28-year sentence for a monstrous dozen counts of racketeering and conspiracy. The U.S. Attorney’s Office for the Middle District of Pennsylvania labeled the judicial scandal initiated by Conahan and Ciavarella the ‘worst in Pennsylvania’s history.’ However, the rectification served by law seems to have been significantly tarnished by the casual issuance of presidential pardons.
The Pennsylvania Supreme Court took definitive action by nullifying thousands of juvenile convictions assigned by the two judges. However, the scars remain for many even as the legal arena attempts to blot out the memory of this grotesque chapter in Pennsylvania’s history. And, while the court works toward justice, Biden’s recent clemency spree raises questions about his competence to lead and serve justice for all.