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News Summary 

January 22 – February 4, 2011 

Models for Change Mentioned 

The Newsletter of The Pennsylvania Juvenile Court Judges’ Commission 

‘JJDPC Addresses Diversion’ – Volume 19, Number - January 2011 

http://www.jcjc.state.pa.us/portal/server.pt/community/jcjc_community/5030 

The Juvenile Justice and Delinquency Prevention Committee (JJDPC) of the Pennsylvania 

Commission on Crime and Delinquency, which advises the Commission on the distribution of 

federal and state juvenile justice dollars, recently established a Diversion Subcommittee to 

promote the creation of pre-adjudication diversion programs and county-wide policies designed to 

hold non-violent youth accountable without proceeding to an adjudication of delinquency. This 

subcommittee was originally created as part of the MacArthur Models for Change initiative and was 

primarily focused on ensuring that youth with mental health needs would not become 

unnecessarily involved in the juvenile justice system… 

The Town Talk (Alexandria, LA) 

‘Board members needed in Rapides Parish program for youthful offenders’ – January 25, 2011 

http://www.thetowntalk.com/article/20110125/NEWS01/101250335 

Thirty area residents drove in the rain Monday evening to the Martin Community Center in 

Alexandria to see how they could help youths who have had their first brush with the law. The 

Neighborhood Accountability Board, overseen by the Rapides Parish District Attorney's Office, is in 

need of board members who decide what punishment to mete out to first-offending youths ages 10 

to 16…The board's choice of remedies include community service, apology letters to the victims, 

writing an essay about the crime and its effects, curfews and letting the kid get expressive through 

art. The initiative was started in 2008 with a $200,000 grant from the MacArthur Foundation to 

"craft" a working program that uses volunteers who must undergo training and an extensive 

background check for the privilege of hearing a kid's case and deciding on an appropriate 

punishment… 

West Side Leader (OH) 

‘County Council amends game parlor law’ – February 3, 2011 

http://www.akron.com/akron-ohio-community-news.asp?aID=11524 

DOWNTOWN AKRON — Summit County Council on Jan. 31 adopted changes to the county’s law 

regulating game parlors…Also Monday, Council presented a commendation to Summit County 

Juvenile Court Judge Linda Tucci Teodosio, who was recently honored nationally as a Champion 

for Change by the MacArthur Foundation for the Crossroads program offered by the court… 

The Florida Times-Union 

‘Five cheers: Inspiring story’ – February 4, 2011 

http://jacksonville.com/opinion/editorials/2011-02-04/story/five-cheers-inspiring-story 

…Assistant Public Defender Rob Mason has been selected for a Models for Change Champion 

Award by the Chicago-based John D. and Catherine T. MacArthur Foundation, which promotes 

human rights and other goals, according to a news release…. 

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Pennsylvania Summary 

Pittsburgh Tribune-Review 

‘Hearing looms large for accused murderer Jordan Brown’ – January 23, 2011 

http://www.pittsburghlive.com/x/pittsburghtrib/news/s_719479.html 

When Jordan Brown first appeared in court on murder charges at age 11, his legs dangled above 

the floor as he sat in a chair next to his attorney. Nearly two years later, the Lawrence County boy 

is 9 inches taller and weighs nearly 50 pounds more. He is beginning to look more like an adult 

than a rosy-cheeked child. Despite his appearance, Brown's attorneys insist he is a child and 

should be tried as one… 

The Altoona Mirror 

‘Teenager’s attorney requests evaluation’ – January 25, 2011 

http://www.altoonamirror.com/page/content.detail/id/546534/Teenager-s-attorney-requestsevaluation.html?nav=742 

An Altoona Area High School sophomore now in Blair County Prison for allegedly stabbing a 

classmate should undergo a psychiatric evaluation to determine if he can be treated in the juvenile 

system, his attorney said Monday… 

Beaver County Times 

‘Ruling on Jordan Brown status months away’ – January 26, 2011 

http://www.timesonline.com/bct_news/news_details/article/1373/2011/january/25/ruling-on-jordanbrown-status-could-be-months-away.html 

After a hearing Tuesday in state Superior Court, an attorney for teenage murder suspect Jordan 

Brown said it could be months before the court issues a decision on a petition to have Brown tried 

as a juvenile… 

Pittsburgh Post-Gazette 

‘Lack of remorse key factor in case’ – January 26, 2011 

http://www.post-gazette.com/pg/11026/1120634-455.stm 

A boy who was 11 when he was charged with killing his father's pregnant fiancée maintained his 

innocence in interviews with psychologists. But a Lawrence County judge said the boy's refusal to 

take responsibility for the crime dimmed his prospects for rehabilitation in the juvenile justice 

system and ruled last year that he would stand trial as an adult… 

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Citizens’ Voice (Wilkes-Barre) 

‘Two years later, an end in sight’ – January 26, 2011 

http://citizensvoice.com/news/two-years-later-an-end-in-sight-1.1095643 

Two years and (maybe) an end in sight. A federal corruption probe that has tallied scores of 

arrests in county and local government, including commissioners, school board members and 

contractors, erupted two years ago today with charges against a pair of judges accused of profiting 

from a lucrative kickback scheme… 


‘Judge OKs evaluation of Moser on Friday’ – January 27, 2011 

http://www.altoonamirror.com/page/content.detail/id/546601/Judge-OKs-evaluation-of-Moser-on- 

Friday.html?nav=742 

The judge hearing the case of an Altoona Area High School sophomore charged with stabbing 

another student in December has agreed with a defense request for a mental health evaluation to 

determine if he should be tried in juvenile or adult court… 

The Express-Times (Bethlehem) 

‘OPINION: Find the right punishment for teen-age 'sexting'’ – January 27, 2011 

http://www.lehighvalleylive.com/today/index.ssf/2011/01/opinion_find_the_right_punishm.html 

Legislators in New Jersey and Pennsylvania might want to double-back to their own teenage years 

as they consider bills to deal with the practice of sexting — teenagers sending nude photos of 

themselves to a boyfriend or girlfriend, friends sharing those photos with other friends, ex-friends 

posting compromising photos to get back at someone, etc… 


‘Editorial: Child's story: Superior Court must end wonderland justice’ – January 31, 2011 


As a three-judge panel of Superior Court considers what to do with Jordan Brown, who at the age 

of 11 was charged with killing his father's fiancée and her unborn baby, it should reflect on the 

Alice in Wonderland quality stalking this otherwise grim case. Jordan was a child when charged 

with this crime and now, at the age of 13, he is still a child. That is a fact scorned by the 

prosecution and Common Pleas Judge Dominick Motto of Lawrence County, who ruled that the 

child should be tried as an adult… 

3



The York Dispatch (PA) 

‘Psychologist: 'Questionable' if teen accused of homicide can empathize with others’ – 

January 31, 2011 

http://www.yorkdispatch.com/ci_17249901?source=most_viewed 

Accused killer Jordan Wallick, who turned 16 years old last week, showed "questionable" ability to 

empathize or sympathize with others, a psychologist testified Monday. Lancaster-based Hugh S. 

Smith -- an expert in child psychology -- evaluated Wallick at the request of the teen's defense 

attorney, Dawn Cutaia, in an effort to have Wallick's criminal case transferred to juvenile court… 

The Daily Review (Towanda) 

‘Senate bill reforms Judicial Conduct Board’ – February 1, 2011 

http://thedailyreview.com/news/senate-bill-reforms-judicial-conduct-board-1.1098097 

In an effort to prevent future judicial misconduct cases from being neglected, a state senator has 

introduced legislation overhauling the way the Judicial Conduct Board handles complaints and 

criminal investigations involving judges. The measure sponsored by Senate Judiciary Committee 

Chairman Stewart Greenleaf, R-12, Willow Grove, would require the 12-member board - and not 

just a top staffer - to make the decision on whether a complaint against a judge should be acted 

upon…Greenleaf's bill takes aim at an arm of the state judiciary that came under fire as a result of 

the Luzerne County Courthouse scandal… 


‘Victim testifies against Moser’ – February 1, 2011 

http://www.altoonamirror.com/page/content.detail/id/546780/Victim-testifies-against- 

Moser.html?nav=742 

The Altoona Area High School student stabbed in the back while on the steps of the school's 

Fieldhouse Dec. 7 said Monday his alleged assailant had threatened him two weeks earlier, telling 

him he "had 24 hours to live." In a hearing in Blair County Court, the 16-year-old testified he was 

so concerned that he told his father, but the father told his son "not to worry" about the threatened 

attack and that it probably wouldn't happen….What the stabbing victim didn't know was that his 

alleged assailant, Jeremiah I. Moser, also 16, had brought a knife to school and was plotting to kill 

him later that day on the steps of the Fieldhouse where other students would see what was 

happening, according to police. The question before Blair County President Judge Jolene G. 

Kopriva is whether Moser should be tried as an adult or a juvenile… 

The York Dispatch 

‘Doctor: Teen accused of murder a danger to society’ – February 2, 2011 


Teenager and accused murderer Jordan Wallick is "a pleasure-seeking sociopath" with very little 

conscience who is a poor candidate for treatment, an expert forensic psychiatrist testified Tuesday. 

Dr. Larry Rotenberg of Berks County, testifying for the prosecution, said Wallick's murder case 

should not be moved to juvenile court because Wallick likely will not accept treatment and remains 

a danger to the public… 

4




‘Mundy reintroduces juvenile court legislation’ – February 2, 2011 

http://citizensvoice.com/news/mundy-reintroduces-juvenile-court-legislation-1.1098756 

State Rep. Phyllis Mundy, D-Kingston, has reintroduced legislation to allow the Juvenile Court 

Judges Commission to analyze court cases and trends in the system in response to the Luzerne 

County kids-for-cash scandal… 


‘17-year-old to be tried as an adult in murder case’ – February 02, 2011 


A judge this morning denied a request that one of two teens charged with killing three people at a 

party in McKeesport last year be tried as a juvenile. Allegheny County Common Pleas Judge 

Donna Jo McDaniel said that because of the nature and sophistication of the crime, 17-year-old 

Isaiah Hereford should be tried as an adult… 


‘1st torture-slaying trial scheduled’ – February 4, 2011 

http://www.pittsburghlive.com/x/pittsburghtrib/news/westmoreland/s_721243.html 

The first of six defendants charged with the torture-slaying of a mentally disabled Greensburg 

woman last year will go to trial May 2. During a 90-minute court session Thursday, Westmoreland 

County Judge Rita Hathaway said 18-year-old Angela Marinucci will stand trial apart from her codefendants….The 

prosecution is seeking the death penalty against Smyrnes Knight and 

Meidinger. Because Marinucci was a juvenile at the time of the killing, she is ineligible for capital 

punishment… 

Scranton Times-Tribune 

‘Opinion: Pass JCB bill’ – February 4, 2011 

http://thetimes-tribune.com/opinion/pass-jcb-bill-1.1099681#axzz1D0BlDIyS 

Five years after taking a pass on investigating corrupt Judge Michael T. Conahan of Luzerne 

County, the state Judicial Conduct Board finally could be subject to sweeping reform. The JCB is 

an arm of the state Supreme Court that is responsible for investigating complaints against judges 

at all levels of the court system… 

5



National Summary 

The New York Times 

‘Whither Young Offenders? The Debate Has Begun’ – January 23, 2011 

http://www.nytimes.com/2011/01/23/us/23bcjuvenile.html 

Joaquin E. DiazDeLeon, a former Fresno gang member, spent two years inside California’s 

juvenile prison system. What he found there, he said, was no better than the streets he came from. 

Instead of rehabilitating young offenders, he said, correctional officers spent most of their time 

separating rival gangs. Violence was so pervasive, he said, that he kept his gang affiliation just to 

protect himself…Gov. Jerry Brown’s recent proposal to eliminate California’s Division of Juvenile 

Justice was billed as a way to cut $242 million from the state budget. It was also the culmination of 

a decade-long effort to shut the state’s troubled youth prison system, which for years has been 

plagued by violence, abuse and decaying facilities… 

Associated Press (AP) – Trenton Bureau (NJ) 

‘Committee advances bill on 'sexting'’ – January 25, 2011 

Posted on: 

http://www.philly.com/inquirer/local/nj/20110125_Committee_advances_bill_on__sexting_.html 

New Jersey teenagers caught texting or posting sexually explicit photos online could avoid 

prosecution under a measure that would give first-time offenders the chance to complete a 

diversionary program. Assemblywoman Pam Lampitt (D., Camden), who is sponsoring the bill, said 

it was important to teach teens the potential consequences of their actions without saddling them 

with a criminal record… 

Arizona Daily Star 

‘Successful justice panels take the time to put minors on track’ – 


http://azstarnet.com/news/local/crime/article_7243c72b-6ff7-55e9-a701-18931a42a0b0.html 

It looked like a typical shoplifting case: Teen girl meets new friend, steals makeup on a dare, gets 

caught. But it wasn't a judge the girl was talking to. And as she told her story, the small group 

gathered around a table in Centennial Elementary School's library learned the case was more 

complicated than it seemed…The people at the table were volunteers from her area, taking part in 

a program aimed at keeping her and other kids out of the juvenile-justice system… 

San Jose Mercury News (CA) 

‘Santa Clara County officials pledge big changes to juvenile justice’ – January 25, 2011 

http://www.mercurynews.com/crime-courts/ci_17200563?nclick_check=1 

Santa Clara County officials announced far-reaching plans to remake the local juvenile justice 

system this week, pledging to keep the youngest offenders out of jail and ensure that all others are 

handled differently than adult criminals… 

6




‘Opinion: Let's end the secrecy in juvenile court’ – January 29, 2011 

http://www.mercurynews.com/opinion/ci_17222731?nclick_check=1 

A foster child dies while in care. The media contact the children's services agency and ask what 

happened. The agency responds that it cannot reveal any of the facts because the law requires 

that the matter remain confidential. The media next contact the juvenile court judge who responds 

that there will have to be a hearing before the release (if any) of information relating to the death. 

The media is outraged. The public wonders about the secrecy surrounding the child's death and 

whether the agency and the court are trying to hide something. California's juvenile courts are 

closed to the public. For a number of reasons, this policy has not served juvenile courts or the 

public well. It is time to open the juvenile court to public scrutiny. Here is my proposal… 

The Tampa Tribune (FL) 

‘Gee against expanding civil citations for juveniles’ – January 29, 2011 

http://www2.tbo.com/content/2011/jan/29/gee-against-expanding-civil-citations-for-juvenile/newsbreaking/ 

Hillsborough County Sheriff David Gee said Friday he opposes expanding a civil citation program 

that punishes juvenile, non-violent offenders with community service rather than arrest and 

detention… 

The Baltimore Sun (MD) 

‘Scary -- and ineffective’ – January 31, 2011 

http://articles.baltimoresun.com/2011-01-31/news/bs-ed-scared-straight-20110131_1_straighttype-programs-straight-program-youths 

"Scared straight" programs have long been wildly popular in this country as a get-tough response 

to juvenile crime. They typically involve bringing at-risk youths into an adult prison, where they are 

confronted — in shocking and brutal fashion — by adult inmates. These programs may include 

tours of the facility and personal stories from prisoners and may even integrate the youths into the 

prison population for up to a day. Experiencing the harsh reality of life behind bars is thought to 

deter kids from a life of crime by frightening them into changing their behavior… 


‘Opinion: Separate Santa Clara County juvenile probation from adult system’ – February 1, 2011 

http://www.mercurynews.com/opinion/ci_17263740 

The guiding principle of the creators of juvenile court was that a child should be treated as a child. 

A vast body of recent research that was not available a generation ago offers new insights about 

both adolescence and youth crime from which we can draw important lessons for the design of 

juvenile justice policy… 

7



Youth Today (DC) 

‘Q&A: Juvenile Judge Irene Sullivan, Part One’ – February 02, 2011 

(Subscription required) 

http://www.youthtoday.org/view_article.cfm?article_id=4602 

In 1998, Irene Sullivan took a seat on the Florida Circuit Court’s Unified Family Court in Pinellas 

County after two decades in corporate law. Her new territory turned out to be just as foreign to her 

as it sounds…Sullivan spent the next decade handling child welfare and juvenile justice cases – 

she never opted to rotate out of family court. Her new book, Raised by the Courts: One Judge’s 

Insight into Juvenile Justice, was published in November… 

Southern Maryland Online 

‘Bill Guarantees Girls in Juvenile Justice Same Services as Boys’ – February 2, 2011 

http://somd.com/news/headlines/2011/13183.shtml 

Legislation mandating that girls in the juvenile justice system receive equal treatment to boys is 

expected to be filed by Friday with the support of the women's caucus and possibly the governor. 

The bill, being introduced by Delegate Kathleen Dumais, D-Montgomery, requires that the state 

"provides females with a range and quality of services and programs substantially equivalent to 

those offered to males."… 

The Standard-Examiner (UT) 

‘Taking juveniles' fingerprints may be mandatory’ – February 3, 2011 

http://www.standard.net/topics/teens/2011/02/02/taking-juveniles-fingerprints-may-be-mandatory 

Fingerprinting juveniles under certain conditions could become mandatory if a local lawmaker's bill 

becomes law. House Bill 48, sponsored by Rep. Jeremy Peterson, was tabled Wednesday by the 

House Judiciary Committee… 

Associated Press (AP) – Portland Bureau (OR) 

‘Juvenile offenders may be released early’ – February 3, 2011 

Posted on: 

http://theworldlink.com/news/local/article_f6426628-f8a1-5e79-8e21-292c96af9ea5.html 

Hundreds of Oregon juvenile offenders are scheduled to be released into less-restrictive 

environments and hundreds more now under supervision could be released back into their 

communities… 

8



The New York Times – Health Blog 

‘Teenagers, Friends and Bad Decisions’ – February 3, 2011 

http://well.blogs.nytimes.com/2011/02/03/teenagers-friends-and-bad-decisions/?hp 

Why do otherwise good kids seem to make bad decisions when they are with their friends? New 

research on risk taking and the teenage brain offers some answers. In studies at Temple 

University, psychologists used functional magnetic resonance imaging scans on 40 teenagers and 

adults to determine if there are differences in brain activity when adolescents are alone versus with 

their friends. The findings suggest that teenage peer pressure has a distinct effect on brain signals 

involving risk and reward, helping to explain why young people are more likely to misbehave and 

take risks when their friends are watching… 

The Latin American Herald Tribune (DC) 

‘Hispanic Group Urges Reform of Juvenile Justice System’ – February 4, 2011 

http://www.laht.com/article.asp?ArticleId=385915&CategoryId=12395 

The National Council of La Raza, the country’s largest Hispanic civil rights organization, urged the 

U.S. Congress Thursday to reauthorize the 1974 Juvenile Justice and Delinquency Prevention Act 

to ensure greater fairness for young people caught up in the system. Some 18,000 Hispanic youth 

are in U.S. jails, prisons and detention centers, according to estimates by the NCLR, which claims 

that young Latinos endure “harsher treatment” than their white counterparts who commit the same 

crimes… 

Top Stories – Models for Change Mentioned 

JJDPC Addresses Diversion 

The Newsletter of The Pennsylvania Juvenile Court Judges’ Commission 

Volume 19, Number 1 

January 2011 

http://www.jcjc.state.pa.us/portal/server.pt/community/jcjc_community/5030 

The Juvenile Justice and Delinquency Prevention Committee (JJDPC) of the Pennsylvania 

Commission on Crime and Delinquency, which advises the Commission on the distribution of 

federal and state juvenile justice dollars, recently established a Diversion Subcommittee to 

promote the creation of pre-adjudication diversion programs and county-wide policies designed to 

hold non-violent youth accountable without proceeding to an adjudication of delinquency. This 

subcommittee was originally created as part of the MacArthur Models for Change initiative and was 

primarily focused on ensuring that youth with mental health needs would not become 

unnecessarily involved in the juvenile justice system. The focus has since expanded to address the 

gamut of diversion scenarios, but mental health cases still warrant special consideration. Diverting 

these youth will have considerable impact on communities and service providers as 70% of youth 

in the juvenile justice system meet the criteria for mental disorders1. 

Studies have confirmed that diverting youth with mental health needs to community-based 

treatment programs is effective and cost efficient. Often youth with mental health issues do not get 

9



the treatment they need within the juvenile justice system, thus posing a threat to themselves and 

their communities2. Through partnerships with local mental health resources, diversion programs 

provide youth with necessary treatment while effectively preventing crime and providing community 

safety. Additionally, Pennsylvania Act 148 provides fiscal incentives to treat youth close to home, 

in their communities, and in the least restrictive environment. Counties with community-based 

diversion programs are eligible to receive a state reimbursement of up to 80% of the cost of 

services whereas counties employing secure detention facilities to treat youth are only eligible for a 

state reimbursement of up to 50% of the cost of services3. 

Robert Stanzione, President of the PA Council of Chief Probation Officers, explains, “Diversion 

provides juvenile justice professionals with an opportunity to address the criminogenic needs of 

young offenders without compromising community safety. Not all juvenile offenders need to be 

exposed to the full resources of the juvenile justice system. With careful screening and 

assessment, and by engaging community resources, diversion provides young offenders with an 

opportunity to redeem themselves in their own community.” 

Elton Anglada of the Juvenile Defenders Association adds, “The goal of Pennsylvania’s 

Delinquency Courts is to rehabilitate juveniles in need of treatment, supervision, and rehabilitation, 

and provide these juveniles with the necessary life skills needed to succeed as they move to 

adulthood. Diversion programs allow appropriate juveniles to learn from their mistakes without 

being subject to the formal process of a trial. For many juveniles, a diversion program is sufficient 

to put them on the right path.” 

George Mosee, Deputy District Attorney in charge of Juvenile Diversion in Philadelphia 

acknowledged that, “when diversion works properly it ensures that non-violent offenders are 

expeditiously held accountable, supervised and effectively treated. Victim restoration can be 

accomplished without requiring numerous court appearances. Appropriate charges can be 

disposed of without burdening the already strained resources of our justice system. Rather than 

waiting to testify in court, police officers can spend more time on the streets keeping us safe and 

courtrooms can be reserved for only those cases that require the full legal process. Regarding 

juveniles with special needs, it benefits everyone when their needs are immediately identified and 

they are diverted into an appropriate treatment program as quickly as possible.” 

Keith Snyder, Deputy Director of the Juvenile Court Judges’ Commission, also notes that, “Juvenile 

court records can have significant long-lasting consequences for children. It is critical that 

opportunities exist at all stages of our system to divert children from formal juvenile court 

processing, when appropriate, and to have records expunged consistent with statutory and 

procedural rule mandates.” 

With the help of Models for Change, a national initiative to accelerate reform of the juvenile justice 

system, counties throughout Pennsylvania have begun to implement diversion programs at 

different points in the juvenile justice system. In the summer of 2009, Allegheny County piloted the 

Crisis Intervention Teams for Youth (CIT-Y) curriculum, which trained police officers in crisis 

response techniques designed to address the specific needs of youth. On December 1, 2010 

mental health experts and law enforcement agents from Allegheny, Bucks, and Cambria Counties 

who completed the original 40-hour CIT training convened in Mechanicsburg, PA for a 

10



supplemental CIT-Y Train-the-Trainer workshop. These individuals will, in turn, now be able to train 

law enforcement officials in their counties with the CIT-Y curriculum. In fall of 2009, Lehigh County 

implemented Student Justice Panels (SJP) in four Allentown middle schools to prevent 

adjudication of first time offenders and to assist schools in providing accountability and guidance to 

offending youth. Youth referred to the panel immediately receive a mental and behavioral health 

assessment that is used to guide their course of treatment. Chester County launched its own 

Intake Diversion Project in the fall of 2009 to divert eligible youth from the juvenile justice system at 

the point of intake in the juvenile probation department. The Intake Diversion Project also utilizes 

mental and behavioral health assessments to assist in finding an appropriate course of treatment 

for youth. 

To promote pre-adjudication diversion work in Pennsylvania the Diversion Subcommittee of the 

JJDPC will issue a funding announcement in early 2011 for diversion programs and practices in 

the counties, including those that target youth with mental health needs. Proposals must include a 

formal protocol for the diversion program/practice requested and be aligned with the Guide to 

Developing Pre-Adjudication Diversion Policy and Practice in Pennsylvania created by the 

Diversion Subcommittee through the Models for Change Initiative in PA. The Guide is available for 

download at the Juvenile Law Center’s website and may be accessed through the following link, 

http://www.jlc.org/publications/guide_to_developing_preadjudication_diversion_policy_and_practice/. 

The Principles of Pre-Adjudication Diversion in 

Pennsylvania, found at Appendix A of the Guide, have been endorsed by the following 

organizations: 

County Commissioners Association of Pennsylvania’s 

Human Services Committee 

Juvenile Defenders Association of Pennsylvania 

Mental Health Association in Pennsylvania 

Office of Children, Youth and Families, Pennsylvania 

Department of Public Welfare 

Office of Mental Health and Substance Abuse Services, 

Pennsylvania 

Department of Public Welfare 

Pennsylvania Association of Intermediate Units 

Pennsylvania Community Providers Association 

Pennsylvania Council of Chief Juvenile Probation Officers 

Pennsylvania Department of Education 

Pennsylvania Department of Public Welfare 

Pennsylvania District Attorneys Association 

Pennsylvania Juvenile Court Judges’ Commission 

Pennsylvania Juvenile Justice and Delinquency 

Prevention Committee 

1 Shufelt, J. & Cocozza, J. (2006). Youth with Mental Health Disorders in the Juvenile Justice 

System: Results from a Multi-State Study. Focal Point: Summer, 2006. 

11



2 Mental Health/Juvenile Justice Work Group of the Pennsylvania MacArthur Foundation Models 

for Change Initiative. (2006). Mental Heatlh/Juvenile Justice Joint Policy Statement. 

Commonwealth of Pennsylvania: September, 2006. 

3 Arya, N., Lotke, E., Ryan, L., Schindler, M., Shoenberg, D., & Soler, M. (2005). Keystones for 

reform: Promising Juvenile Justice Policies and Practices in Pennsylvania. Models for Change: 

Systems Reform in Juvenile Justice. Retrieved November 15, 2010 from, 

http://njjn.org/media/resources/public/resource_285.pdf. 

Board members needed in Rapides Parish program for youthful offenders 

The Town Talk (Alexandria, LA) 

By Billy Gunn 


http://www.thetowntalk.com/article/20110125/NEWS01/101250335 

Thirty area residents drove in the rain Monday evening to the Martin Community Center in 

Alexandria to see how they could help youths who have had their first brush with the law. 

The Neighborhood Accountability Board, overseen by the Rapides Parish District Attorney's Office, 

is in need of board members who decide what punishment to mete out to first-offending youths 

ages 10 to 16. 

The current board is composed of six members and needs augmenting, said Daphne Robinson, an 

assistant district attorney who prosecutes juvenile cases and oversees the program. 

Once selected, board members are sworn in by 9th Judicial District Court Judge Patricia Koch. 

Robinson said the goal of the board is to "divert" youths away from a life of crime by steering them 

away from the juvenile court system and its conventional methods of punishment. 

Their crimes are nonviolent: possession of marijuana, simple burglary, vandalism. Youth 

candidates are selected by the DA's office, which writes up a file on each offender and weighs 

whether they'd benefit. 

The board's choice of remedies include community service, apology letters to the victims, writing 

an essay about the crime and its effects, curfews and letting the kid get expressive through art. 

The initiative was started in 2008 with a $200,000 grant from the MacArthur Foundation to "craft" a 

working program that uses volunteers who must undergo training and an extensive background 

check for the privilege of hearing a kid's case and deciding on an appropriate punishment. 

The board hears cases and reviews youths' progress on the second Tuesday of each month at the 

Martin Center, where sessions usually last less than two hours. 

After coming up with a working model, the board had its first hearing in July 2009. 

12



So far, 52 youths have been referred to the Neighborhood Accountability Board, with 30 

participating. 

"You can't do a hundred or 150 in a short time because you really have to get involved in a kid's 

life," Robinson said. 

Of the 30 youths who participated, 23 completed the three-month program "satisfactorily." Four 

didn't quite make the grade and had to do it again, and three were sent to juvenile court, Robinson 

said. 

The average age of the offenders was 14; the average time kids spent in the program was almost 

84 days. 

Prospective board members Monday saw videos of board sessions. One boy, 12, shed and wiped 

away tears as he was questioned with his momma beside him. Another took his electric guitar and 

riffed on some Metallica, an expression of art. 

Anyone interested in becoming a Neighborhood Accountability Board member can contact the 

DA's office at (318) 442-9219 or at jcornell@rapidesdajuv.org 

County Council amends game parlor law 

West Side Leader (OH) 

February 3, 2011 

http://www.akron.com/akron-ohio-community-news.asp?aID=11524 

DOWNTOWN AKRON — Summit County Council on Jan. 31 adopted changes to the county’s law 

regulating game parlors. 

The Entertainment Device Arcades law was originally adopted last year and held up in the courts 

after businesses filed suit. Last month, Summit County Common Pleas Court Judge Tom Parker 

ruled the law was constitutional except for a requirement for liability insurance. 

The amended law now reflects changes that were agreed to by county officials and attorneys for 

the businesses, most of which are located in townships in the southern part of the county. 

“We came to a compromise, but it still holds the integrity of the [original] piece,” said 

Councilwoman Paula Prentice (D-District 8). “It will really help the townships and the county.” 

Jason Dodson, chief of staff for County Executive Russ Pry, said changes include removing the 

requirement for $1 million in liability insurance for the businesses. Also, the amended law removed 

a requirement that any patron who receives a prize of $10 or more needs to provide photo 

identification. Instead, the new law requires identification for winners of prizes of $600 or more, 

which is in line with what the Ohio Lottery requires, Dodson said. 

13



The amended law also allows the businesses to stay open until 2 a.m. on Friday and Saturday 

nights, Dodson said. 

In addition, requirements for the testing of game machines also have changed, Dodson said. In the 

original law, tests were required to show if a machine complied with Ohio law. But testing company 

representatives told county officials that they are not in a legal position to make that decision. 

Dodson noted that it wouldn’t be unexpected for the businesses operating to close and seek areas 

of the county that do not have a law in place affecting them. Several cities, such as Akron and 

Tallmadge, have laws on the books regulating the businesses. 

Meanwhile, Councilman Bill Roemer (R-at large) noted that the law only affects businesses with 

more than three machines. He raised concerns that smaller arcades could continue to operate. 

Also during the meeting, Council gave the OK for Pry to proceed on accepting the financial terms 

for the creation of a new international headquarters for Goodyear Tire and Rubber Co. in Akron. 

“It’s been a long time coming and there was a lot of hard work that went into this deal,” Pry said to 

Council following its meeting. 

County officials said they hope ground will be broken for the project in March. 

Council also adopted on first reading a resolution authorizing the advertising of bids for 

improvements to Akron-Peninsula Road in Boston Township and Peninsula. 

Heidi Swindell, of the Engineer’s Office, said the office wants to go out for bids soon so the project 

can get started and be completed by the end of summer. It will entail paving and shoulder 

resurfacing of 1 mile of the road south of Truxell Road to Orchard Street. 

The Engineer’s Office estimates the project at $510,000, with $475,000 of that coming from Public 

Lands Highway Discretionary funds, according to the legislation. 

Also on first reading, Council adopted a resolution allowing a contract for a five-year term with the 

Akron/Summit Convention and Visitors Bureau for its share of the lodging excise tax. The contract 

is from Jan. 1 of this year through Dec. 31, 2015. 

Also Monday, County Council adopted an ordinance granting the Treecrest Drive ditch petition in 

Bath. County officials have said erosion created a large canyon between two properties there. At a 

public hearing on the issue in November, County Engineer Alan Brubaker said there was no 

drainage maintenance assessment in place when the subdivision was created in 1964. He has 

proposed upgrading the system in place. 

The Engineer’s Office has estimated improvements to the area would cost about $120,000. 

Residents would be assessed. 

Council also adopted a resolution accepting the Capital Improvement Program for 2011-16 and 

appropriating $8.5 million for projects in the plan for this year. 

14



Following its meeting, Council conducted a public hearing on the petition for the vacation and 

dedication of Major Road in Boston and Richfield townships. Legislation was introduced that night 

regarding the proposal, which would change the right-of-way of the road. There were no 

proponents or opponents who spoke at the hearing. 

Also Monday, Council presented a commendation to Summit County Juvenile Court Judge Linda 

Tucci Teodosio, who was recently honored nationally as a Champion for Change by the MacArthur 

Foundation for the Crossroads program offered by the court. 

“We are delighted to have the talent, the energy and the vision for what we can do with the youth in 

our community,” said Councilwoman Ilene Shapiro (D-at large) before she read the commendation. 

Summit County Council will meet for committee meetings Feb. 7 at 4:30 p.m. in Council Chambers, 

located on the seventh floor of the Ohio Building, 175 S. Main St. 

Five cheers: Inspiring story 

The Florida Times-Union 


http://jacksonville.com/opinion/editorials/2011-02-04/story/five-cheers-inspiring-story 

In setting the goals of the American character, the Declaration of Independence includes "the 

pursuit of happiness." 

That doesn't guarantee we'll ever reach it. For many generations of Americans, it only guaranteed 

a life of toil and the hope of a better life for their children. 

Ed Colleton has found a measure of happiness cleaning toilets for a living. As profiled by Staff 

Writer Bridget Murphy, Colleton's missteps resulted in losing a firefighter's position and the sudden 

need to earn a living for his wife and children. 

So Colleton bid on city janitorial jobs at prices so low he didn't make a profit. But he earned 

confidence in himself and built credentials for future work. 

Now, he is a role model for people who wonder if it's possible to rebuild a life. 

Colleton's story is proof that it is. 

Incredible determination 

This world is full of good people, but few, if any, are as admirable as Tony Mixon. 

The 45-year-old Jacksonville man has more than 100 tumors on his spine and brain, and he has 

undergone five surgeries to remove them. 

15



The condition is so painful that, according to a Times-Union news story, he has trouble sleeping 

and his legs turn numb when running. 

But those problems haven't dampened Mixon's spirit. 

In fact, he ran 360 miles - the equivalent of almost 14 marathons combined - over just nine days, 

beginning the day after Christmas. 

The run, along Florida A1A from Jacksonville Beach to Miami Beach, raised thousands of dollars 

for the New York-based Children's Tumor Foundation, which funds neurofibromatosis research. 

His story should give us all the determination and inspire us to contribute to his cause, the 

Children's Tumor Foundation. 

If you wish to contribute, go to his Facebook site: www.facebook.com/TonyMixonFightsNF. 

Kudos to our youth 

"Too often we read only the negative stories about today's young people," Steven Schenker of 

Jacksonville wrote to us. 

"I volunteered this Veterans Day and assisted where the high school bands and ROTC groups 

gathered in preparation to marching. 

"When the last group was finally able to leave, after waiting for about two hours in the hot sun, I 

was very impressed by their patience and maturity. 

"The day was made even hotter for the marchers by the uniforms they wore. There was no 

rowdiness or unruliness, just young people having a good time and honoring veterans. 

"After the last group had left, there was less than a handful of plastic bottles in the field to retrieve. 

All the others had been disposed of properly. 

"Thank you all for giving me hope for the future. One last comment. Stay in school and keep those 

grades up!" 

National honor 

Assistant Public Defender Rob Mason has been selected for a Models for Change Champion 

Award by the Chicago-based John D. and Catherine T. MacArthur Foundation, which promotes 

human rights and other goals, according to a news release. 

Mason is director of the juvenile unit in the 4th Judicial Public Defender's Office. 

Mason is the lawyer who persuaded the Florida Supreme Court to restrict the shackling of juveniles 

in court appearance. 

16



Also, he is featured in a recent issue of The Florida Bar News, in which he discusses direct-filing 

against juveniles. 

The national award is a good reflection, not only on Mason but on the office as a whole. 

BEAM to the rescue 

Beaches Emergency Assistance Ministry - or BEAM, as it more often is called - is the gift that 

keeps on giving. 

For the fourth year, the Jacksonville Beach-based ministry is offering free tax preparation for 

families at the 

Beaches, reports a news release. 

BEAM will accept appointments beginning today. The number to call is (904) 241-2326. 

Last year, 375 clients saved $75,000 in tax preparation fees - about $200 each. 

In these tough economic times, many people desperately need help. BEAM's core services are 

running a food pantry, providing rent and utility assistance and helping people apply for food 

stamps. 

But tax preparation is an important service. 

For the past quarter of a century, BEAM has played a major role in the Beaches communities. 

Top Stories - Pennsylvania 

Hearing looms large for accused murderer Jordan Brown 


By Chris Togneri 


http://www.pittsburghlive.com/x/pittsburghtrib/news/s_719479.html 

When Jordan Brown first appeared in court on murder charges at age 11, his legs dangled above 

the floor as he sat in a chair next to his attorney. 

Nearly two years later, the Lawrence County boy is 9 inches taller and weighs nearly 50 pounds 

more. He is beginning to look more like an adult than a rosy-cheeked child. 

Despite his appearance, Brown's attorneys insist he is a child and should be tried as one. 

17



A three-person state Superior Court panel will consider arguments Tuesday from state prosecutors 

and Brown's attorneys, on the question of whether to try Brown in adult or juvenile court. The 

judges will not rule immediately. 

"Jordan's life is in the balance," defense attorney Dennis Elisco said. "This hearing is huge. I don't 

think that's overstating it at all." 

Brown is charged with the February 2009 shooting deaths of his father's fiancee, Kenzie Marie 

Houk, 26, and her unborn son, Christopher. Police say Brown placed a shotgun to the back of 

Houk's head when she was lying in bed, shot her, and then left the house to catch his school bus. 

Prosecutors say the "horrific" nature of the murders dictates trying Brown as an adult. 

Christopher Carusone, chief deputy attorney general for appeals, wrote in his court brief that the 

evidence against Brown is strong, noting he showed "criminal sophistication" in carrying out 

"premeditated" murders and "methodical actions after the killings to conceal his involvement." 

Carusone and Senior Deputy Attorney General Anthony Krastek, the lead prosecutor, declined to 

comment. 

"Our attorneys do not conduct interviews about cases that are actively being litigated," spokesman 

Nils Frederiksen said. "I understand that some parties may be attempting to try this case in the 

media, but that's not appropriate for the Attorney General's Office." 

Brown's attorneys contend a March decision to keep Brown's case in adult court was flawed. 

Lawrence County Judge Dominic Motto ruled Brown should be tried as an adult because the 

juvenile system would not have time to rehabilitate Brown. Motto said Brown has "significant 

personality problems" and refuses to take responsibility for his actions. 

The decision was flawed because it required the boy to admit to the murders in order to be tried as 

a juvenile, Elisco said last week. 

"Whatever happened to presumption of innocence and one's constitutional right against selfincrimination?" 

Elisco said. 

If Brown were tried and convicted as an adult, he would spend life in prison with no chance at 

parole. If his case moves to juvenile court, the state could not hold him beyond his 21st birthday. 

Brown, who will not attend Tuesday's hearing, remains in a juvenile detention center in Erie. 

18



Teenager’s attorney requests evaluation 


By Phil Ray 


http://www.altoonamirror.com/page/content.detail/id/546534/Teenager-s-attorney-requestsevaluation.html?nav=742 

HOLLIDAYSBURG - An Altoona Area High School sophomore now in Blair County Prison for 

allegedly stabbing a classmate should undergo a psychiatric evaluation to determine if he can be 

treated in the juvenile system, his attorney said Monday. 

Jeremiah I. Moser, 16, does not have the money to hire an expert, attorney Thomas M. Dickey 

wrote in a court filing. 

If President Judge Jolene G. Kopriva approves the request, the county would pay the evaluation. 

Kopriva said during a hearing last month that such evaluations cost $1,000. 

Kopriva has scheduled a hearing for Wednesday to continue a review of the Moser case. Dickey's 

petition to appoint a psychiatrist likely will be discussed at the hearing. 

Moser was arrested Dec. 17 by Altoona police outside the Altoona Area High School Fieldhouse 

after he allegedly stabbed a male classmate in the back. The charges - attempted homicide, 

aggravated assault and recklessly endangering another person - were filed in Blair County adult 

court. 

Dickey asked that the case be transferred to juvenile court where Moser could benefit from 

treatment programs. But Blair County Deputy District Attorney Jackie Bernard countered that 

Moser admitted bringing a knife to school and admitted he planned the attack on the other student. 

Dickey stated Monday that he has received the boy's mental health records from Nulton Diagnostic 

and Treatment Center, an organization that provides behavioral health services to area children 

and adults. But Moser has not undergone a psychiatric evaluation since 2006, Dickey wrote. 

"In order to determine if [Moser] is amenable to treatment and rehabilitation in a juvenile facility, 

defense counsel requires the professional assistance of a psychiatrist," Dickey stated. 

Dickey has asked that Moser be moved out of the county jail and place in a juvenile facility or be 

allowed to stay at home. 

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Ruling on Jordan Brown status months away 

Beaver County Times 

By Eric Poole 


http://www.timesonline.com/bct_news/news_details/article/1373/2011/january/25/ruling-on-jordanbrown-status-could-be-months-away.html 

PITTSBURGH — After a hearing Tuesday in state Superior Court, an attorney for teenage murder 

suspect Jordan Brown said it could be months before the court issues a decision on a petition to 

have Brown tried as a juvenile. 

New Castle attorney David Acker said both sides mostly reiterated the arguments made in court 

briefs filed last year. Acker said Lourdes Rosado of the Philadelphia-based Juvenile Law Center 

made arguments before the court Tuesday. 

Brown, 13, is accused of double homicide in the Feb. 20, 2009, murder of Kenzie Houk, of New 

Beaver. Houk — who was engaged to marry Brown’s father, Christopher — was eight months 

pregnant with Christopher Brown’s child. The baby also died. 

At the time of Houk’s murder, Brown was 11. He is being tried as an adult, which means he could 

face life in prison without parole if convicted. In December of 2009, defense attorneys Dennis 

Elisco and Acker, petitioned Lawrence County Judge Dominick Motto to move the case to juvenile 

court. 

Motto denied the request last year after Acker and Elisco argued that Brown is amenable to 

rehabilitation. Senior Deputy Attorney General Anthony Krastek said Brown’s unwillingness to 

admit culpability in the case indicates that he is a poor candidate to be rehabilitated and that he 

would be a high risk to reoffend. 

Chief Deputy Attorney General Christopher Carusone, who typically handles appellate court cases 

for the attorney general’s office, made arguments for the prosecution. 

Initially, former Lawrence County District Attorney John Bongivengo prosecuted the case, but 

when he left office at the end of 2009, the state attorney general’s office took over the case 

because District Attorney Joshua Lamancusa provided legal advice to Christopher Brown prior to 

being elected. 

Most of Tuesday’s arguments were similar to those made previously before Motto and in the briefs 

both sides previously submitted to Superior Court, Acker said. 

He maintained that the prosecution’s standard of having to admit committing the murder to be 

considered a strong candidate for rehabilitation is a constitutional violation of Jordan Brown’s right 

to avoid self-incrimination. 

“It is our opinion that you cannot take this as a negative factor,” Acker said. 

20



If the court rules that Jordan Brown will be tried as a juvenile, Motto would probably make the final 

decision on the teenager’s guilt or innocence, and Brown couldn’t be held beyond August of 2018, 

when he turns 21. 

Lack of remorse key factor in case 

Superior Court reviewing decision to try boy as adult in fatal shooting 


By Sadie Gurman 



A boy who was 11 when he was charged with killing his father's pregnant fiancée maintained his 

innocence in interviews with psychologists. 

But a Lawrence County judge said the boy's refusal to take responsibility for the crime dimmed his 

prospects for rehabilitation in the juvenile justice system and ruled last year that he would stand 

trial as an adult. 

Now, a three-judge Superior Court panel must decide whether it was permissible for Judge 

Dominick Motto to use Jordan Brown's lack of remorse as a factor against the boy when he 

decided not to move his case to juvenile court. 

Jordan's defense attorneys want the Superior Court to order Judge Motto to reconsider his ruling in 

March without using the boy's claim of innocence against him. Prosecutors said lack of remorse is 

a factor the judge can consider in deciding whether a young defendant should be tried as a 

juvenile or an adult. 

Judges Judith Ference Olson, Cheryl Lynn Allen and Robert E. Colville heard arguments from both 

sides Tuesday, and there is no deadline for their decision, which could take weeks or months. The 

hearing was the latest development in the case, which continues to capture the attention of 

juvenile justice experts nationwide. 

If convicted of first-degree murder, legal experts say, Jordan, now 13, would be the youngest 

person in the country to serve a life sentence in prison without parole. If he is tried and found 

delinquent in juvenile court, the state could not incarcerate him beyond his 21st birthday. 

Police said he fatally shot Kenzie Houk, 26, with a 20-gauge shotgun as she slept in their New 

Beaver farmhouse in February 2009. Her unborn son, who was nearly full term, also died. 

Judge Motto based his decision to try Jordan as an adult largely on his refusal to take 

responsibility for the crime, which both defense and prosecution psychologists testified is 

necessary for rehabilitation. A prosecution psychiatrist told the judge the boy was unlikely ever to 

admit guilt. 

21



Lourdes Rosado, an attorney with the Philadelphia-based Juvenile Law Center, who argued in 

Jordan's defense, said he was penalized for exercising his constitutional right against selfincrimination. 

The law says that statements children make to psychologists can't be used against them in juvenile 

court, but Jordan is being tried as an adult and lacks those protections. 

Deputy Attorney General Christopher Carusone said that argument would be stronger if Jordan 

had invoked his right to remain silent, but "that's not what he did. He gave a version of events that 

was contradicted by evidence." 

He said Judge Motto's decision was a "methodical examination of each and every factor," in 

whether the boy would be amenable to juvenile treatment, including lack of remorse and failure to 

take responsibility. 

"Those are things we consider all the time in considering a sentence," Judge Allen told him. "In this 

case, there's been no finding of guilt. The question from my vantage point is, was this defendant's 

Fifth Amendment rights violated because of the way the trial court handled the proceedings?" 

Judge Colville said it would be almost impossible for a child not to participate in interviews with 

experts and expect his case to be transferred to juvenile court. 

Jordan did not attend the hearing at Superior Court, Downtown, and remains in the Edmund L. 

Thomas Adolescent Detention Center in Erie. 

His father, Christopher Brown, quietly listened to arguments and left without commenting to 

reporters. 

Ms. Houk's mother, Deborah, said the question before the judges is simple. 

"What we've hoped for all along is justice," she said. "The boy needs life. He needs to be tried as 

an adult." 

Two years later, an end in sight 


By Michael Sisak 


http://citizensvoice.com/news/two-years-later-an-end-in-sight-1.1095643 

Two years and (maybe) an end in sight. 

A federal corruption probe that has tallied scores of arrests in county and local government, 

including commissioners, school board members and contractors, erupted two years ago today 

with charges against a pair of judges accused of profiting from a lucrative kickback scheme. 

22



Federal prosecutors said the judges, Michael T. Conahan and Mark A. Ciavarella Jr., would plead 

guilty to charges they took $2.8 million in payoffs for helping a for-profit juvenile detention center 

reap millions from county contracts. 

Conahan, who served as the county's president judge from 2002 to 2006, forced the closure of a 

county-owned detention center in 2003 and asked county commissioners to fund an exclusive, 20- 

year agreement with one of the private facilities, Pennsylvania Child Care in Pittston Township, 

worth $58 million. 

Ciavarella, who presided over juvenile court for 12 years, habitually failed to inform defendants of 

their right to an attorney and jailed youths for the most minor offenses, funneling thousands of 

them to the for-profit facilities during the life of the kickback scheme. 

Under plea agreements, Conahan and Ciavarella were to serve 87 months in prison, resign from 

the bench and bar, and pay restitution. In the two years since, their original plea agreements were 

rejected and withdrawn and new indictments were handed down. Conahan pleaded guilty and told 

federal prosecutors he would testify against Ciavarella. 

Ciavarella, undeterred by Conahan's plea agreement and potential testimony, will stand trial Feb. 

7. Here are the key developments in the two years since they were charged: 

Jan. 26, 2009: Federal prosecutors announce Ciavarella and Conahan have agreed to plead guilty 

to pocketing $2.8 million in kickbacks for scheming to funnel thousands of juveniles to a pair of forprofit 

detention centers. Under plea agreements they are to serve 87 months in prison. 

Jan. 28, 2009: The state Supreme Court revokes Conahan's certification as a senior judge. 

Feb. 11, 2009: The state Supreme Court, ceding to pressure from the advocacy group Juvenile 

Law Center, appoints Senior Judge Arthur E. Grim, of Berks County, to review the thousands of 

juvenile cases Ciavarella handled during the life of the kids-for-cash scheme. 

Feb. 12, 2009: Conahan and Ciavarella appear before U.S. District Judge Edwin M. Kosik in 

Scranton and plead guilty to the fraud and conspiracy charges outlined in their plea agreements. 

March 12, 2009: Ciavarella formally resigns from the county bench. 

June 9, 2009: The state Supreme Court, legislature and governor's office form the Interbranch 

Commission on Juvenile Justice to investigate the kids-for-cash scandal. Superior Court Judge 

John M. Cleland is appointed to lead an 11-member panel of attorneys, juvenile advocates and 

others. 

July 1, 2009: The former co-owner of the for-profit detention centers, attorney Robert J. Powell, 

pleads guilty to abetting the kids-for-cash conspiracy and failing to report a felony. According to 

federal prosecutors, Powell, who paid $772,500 of the $2.8 million in kickbacks that fueled the 

scheme, recorded conversations with Conahan and Ciavarella on behalf of investigators and could 

be a key prosecution witness at Ciavarella's trial. He faces up to 5½ years in prison but will likely 

serve 21 to 27 months under his plea agreement. 

23



July 31, 2009: Kosik rejects the plea agreements after finding that the agreed upon 87-month 

sentences would have been too lenient given Conahan and Ciavarella's alleged wrongdoing. 

Kosik, in a five-page memorandum rejecting the deals, denounces Ciavarella for "self-serving" 

public statements denying some of the allegations against him. 

Aug. 24, 2009: Conahan and Ciavarella withdraw their guilty pleas. 

Sept. 2, 2009: The developer of the for-profit detention centers, real estate magnate Robert K. 

Mericle, pleads guilty to failing to report a felony. Mericle, a key potential prosecution witness, paid 

$2.1 million of the kickbacks, according to federal prosecutors. He faces up to three years in 

prison, but could receive probation under a plea agreement predicated on his cooperation and the 

donation of $2.1 million to local programs promoting the health and welfare of children. 

Sept. 9, 2009: A federal grand jury indicts Conahan and Ciavarella on 48 counts, including 

racketeering, bribery, extortion, conspiracy and money laundering. 

Sept. 15, 2009: Conahan and Ciavarella plead not guilty. 

March 1, 2010: Attorneys for Conahan and Ciavarella file more than 40 pretrial motions, alleging 

prosecutorial misconduct and seeking dismissal of the charges, a change of venue and Kosik's 

removal from the case. 

March 16, 2010: The attorneys expand on their change of venue request, asking Kosik to move the 

trial to Delaware after a defense consultant's telephone poll finds extensive bias against Conahan 

and Ciavarella in the federal court district covering Northeastern Pennsylvania. 

April 29, 2010: Conahan signs a new plea agreement. Ciavarella is undeterred. His attorneys say 

he is preparing for trial. 

May 27, 2010: The Interbranch Commission issues a scathing 66-page report laying blame for the 

scandal on Conahan and Ciavarella, passive prosecutors, inattentive pubic defenders and Luzerne 

County's long history of "conflict and corruption." 

July 6, 2010: Kosik refuses to remove himself from Ciavarella's trial despite arguments from 

defense attorneys that his out-of-court statements, reported by The Citizens' Voice, would make it 

impossible for him to be impartial. Kosik also rejects moving the trial to Delaware and allegations of 

prosecutorial misconduct. 

July 23, 2010: Conahan, deeply tanned and wearing a lightweight, beige summer suit, pleads 

guilty to a racketeering charge. He faces a maximum 20 years in prison and a $250,000 fine. 

Aug. 5, 2010: At a closed-door meeting, Assistant U.S. Attorney Gordon A. Zubrod tells Kosik and 

Ciavarella's attorneys that Conahan is willing to testify against Ciavarella. The same day, Kosik 

announces Ciavarella's trial will begin Feb. 7. 

24



Aug. 22, 2010: The Citizens' Voice reports the state Judicial Conduct Board, which has been 

accused of mishandling a complaint against Conahan and Ciavarella, received 40 complaints 

about the two judges during their careers on the Luzerne County bench. The annual rate of 

complaints against the former judges was substantially higher than the average rate for common 

pleas judges in Pennsylvania, the newspaper reports. 

Sept. 29, 2010: A federal grand jury hits Ciavarella with a new 39-count indictment, reconciling the 

kids-for-cash allegations with a recent Supreme Court ruling limiting the scope of a public integrity 

law. The indictment replaces the 48-count indictment handed up in September 2009 against 

Ciavarella and Conahan. 

Oct. 1, 2010: Ciavarella waives arraignment on the 39-count indictment. 

Nov. 1, 2010: Ciavarella's attorneys ask Kosik to dismiss the bulk of the counts in the indictment 

saying they violate statutes of limitations and the Supreme Court's public integrity ruling. 

Nov. 4, 2010: Kosik again says he will not remove himself from Ciavarella's trial. 

Dec. 15, 2010: Kosik again denies a push by Ciavarella's attorneys to limit the scope of his trial, 

leaving intact all charges in the indictment, the venue of the trial, and his own role as judge. 

Jan. 20, 2011: Ciavarella's attorneys, Al Flora Jr. and William Ruzzo, are granted unpaid leaves of 

absence from their part-time positions with the Luzerne County Public Defender's Office. The 

leaves will extend from the scheduled start of the trial, Feb. 7, through Feb. 21 

Judge OKs evaluation of Moser on Friday 

AAHS sophomore accused of stabbing classmate Dec. 17 


By Phil Ray 


http://www.altoonamirror.com/page/content.detail/id/546601/Judge-OKs-evaluation-of-Moser-on- 

Friday.html?nav=742 

HOLLIDAYSBURG - The judge hearing the case of an Altoona Area High School sophomore 

charged with stabbing another student in December has agreed with a defense request for a 

mental health evaluation to determine if he should be tried in juvenile or adult court. 

President Judge Jolene G. Kopriva on Wednesday ordered Jeremiah I. Moser, 16, to meet Friday 

with Dr. George Hromnak, a psychiatrist from Behavioral Health Services at Altoona Regional 

Health System. She asked Moser to cooperate with the doctor. 

Moser is charged with plotting to kill another student Dec. 17, and, in following through on his plan, 

he stabbed the sophomore in the back outside the Altoona Fieldhouse as school was letting out, 

authorities said. 

25



Kopriva said that she will reconvene a hearing for Moser on Monday to determine if he will remain 

in adult court on attempted homicide and aggravated assault charges or have his case moved to 

juvenile court. 

Moser's attorneys, Thomas Dickey and Joel Peppetti, then asked that their client be freed from the 

Blair County Prison and placed on house arrest pending the disposition of his case. 

Blair County Deputy District Attorney Jackie Bernard objected to the request pointing out that 

Moser's possible mental health problems are only one aspect of the case that must be considered. 

She said that the court has to determine "where is the public interest best served?" 

She said that the proper place for the Moser at this point is the Blair County Prison. 

Moser is not in the general population at the prison but is being housed away from adult inmates, 

Bernard said. His educational and health needs are being met, she said. 

Moser will stay in the prison at least until Monday's hearing, Kopriva said. Under the 

circumstances, the decision where to temporarily keep him is up to the prosecution, she said. 

The attempt to try Moser as a juvenile presents an unusual situation for the defense, Peppetti said 

after the hearing. 

"This is one of the few times the burden [of proof] is placed on the defendant. We have to have 

expert testimony so we can meet that burden," Peppetti said. 

The court has asked the psychiatrist to prepare a report commenting on Moser's "maturity," his 

"ability to learn," and his "criminal sophistication." 

The defense contends Moser "has a low degree of criminal sophistication" and that he would 

benefit from the greater emphasis on treatment provided by the juvenile system. 

The psychiatrist who was appointed in the case has already provided treatment to Moser and 

therefore knows him, said Peppetti. 

Altoona school district counselors have been working with Moser, and he has responded to their 

help, which is why the defense wants Moser referred to the juvenile court so the counseling can be 

continued, Dickey said. 

The stabbing victim of the assault was in court Wednesday with his grandparents and parents - his 

second appearance in a week in the courthouse. He has yet to testify. 

26



OPINION: Find the right punishment for teen-age 'sexting' 

The Express-Times (Bethlehem) 


http://www.lehighvalleylive.com/today/index.ssf/2011/01/opinion_find_the_right_punishm.html 

Legislators in New Jersey and Pennsylvania might want to double-back to their own teenage years 

as they consider bills to deal with the practice of sexting — teenagers sending nude photos of 

themselves to a boyfriend or girlfriend, friends sharing those photos with other friends, ex-friends 

posting compromising photos to get back at someone, etc. 

Two adolescent truths we hold to be self-evident: 

• For teenage boys, there can never, ever be enough images of the opposite sex unclothed. 

• Anything worth sharing is worth hitting the cell-phone button to feed each others’ curiosity 

as long as parents and teachers don’t find out about it. 

It’s with a cautious nod to those forces of nature that legislators must make the case against 

sexting, acknowledging that a voluntary expression of intimacy can quickly become an unwanted 

invasion of privacy with the entire online world, and that such images can quickly become fodder 

for pedophiles and child pornographers. 

Some prosecutors have wielded a heavy club to go after teenagers in these circumstances, 

charging them with transmitting child pornography. 

The lack of a clear-headed law is still a gaping problem. Last year, a federal judge in Pennsylvania 

ruled that girls who had e-mailed nude photos of themselves to friends could not be charged as 

child pornographers. 

The Pennsylvania House of Representatives passed a bill last year, proposing a second-degree 

misdemeanor charge against minors “who intentionally or knowingly record, view, possess or 

transmit images of sexually explicit conduct involving a minor above age 13.” It didn’t go anywhere 

in the Senate. 

A bill now moving through the New Jersey Assembly seems to strike the right balance. 

Assemblywoman Pamela Lampitt, D-Camden, has proposed an educational program for “sexters” 

as an alternative to criminal prosecution. The bill cleared the Judiciary Committee and now heads 

to the full Assembly. 

“When our children are in many different places doing many different things, we need to find a 

means and a mechanism not to send them off to jail … but to educate them,” Lampitt said. 

Sexting isn’t always innocent; it can be a form of cyber-bullying and inflict real pain on young 

people. Under the bill, a juvenile court would assess whether a young offender would be harmed 

by prosecution and is unlikely to repeat the practice. Those who meet the criteria would be 

admitted to a program on the social consequences and potential criminal penalties of sexting. The 

27



programs would apply to teens, not adults, who would still face child pornography charges for such 

transmissions. 

Given the rising tide of such incidents — a recent survey by The Associated Press and MTV found 

a quarter of American teenagers admitted to some form of sexting — it’s only right to give firsttimers 

a heavy dose of educating and lecturing. It wouldn’t hurt to get parents involved, too. They 

should be laying down their own law, monitoring their kids’ phones and suspending their privileges. 

That’s a lot more sensible than treating them as criminals. 

Editorial: Child's story: Superior Court must end wonderland justice 




As a three-judge panel of Superior Court considers what to do with Jordan Brown, who at the age 

of 11 was charged with killing his father's fiancée and her unborn baby, it should reflect on the 

Alice in Wonderland quality stalking this otherwise grim case. 

Jordan was a child when charged with this crime and now, at the age of 13, he is still a child. That 

is a fact scorned by the prosecution and Common Pleas Judge Dominick Motto of Lawrence 

County, who ruled that the child should be tried as an adult. 

In Pennsylvania, children accused of homicide are treated as adults unless a judge decides 

otherwise, but in most cases the defendant isn't so young. That is not the only reason the boy 

should be treated as a juvenile by a system determined to play the Queen of Hearts (although it 

can't say "off with his head" -- the U.S. Supreme Court has banned the execution of juveniles). 

The logic of this case has gone down the rabbit hole. Part of the reason that Judge Motto 

determined the boy should be tried as an adult is that he hasn't shown remorse, which was said to 

make him less suitable for rehabilitation. Yet to say he lacks remorse is to presume him guilty, 

which he denies. It seems he must be tried as an adult because the basic constitutional right of 

adults against self-incrimination did not count in his case. 

Deputy Attorney General Christopher Carusone argued in a hearing that the boy had not invoked 

his right to remain silent -- instead, he "gave a version of events that was contradicted by 

evidence." But as Judge Robert E. Colville correctly pointed out, it would be almost impossible for 

a child not to participate in interviews with experts and have the case transferred to juvenile court. 

In other words, damned if he did, damned if he didn't. 

If Jordan Brown is convicted as an adult, he will spend the rest of his life in prison without parole. If 

he is found guilty in the juvenile system, he cannot be kept longer than 21. 

That matters because society must be protected. But Jordan's alleged crime was part of a family 

situation; he didn't walk into a mall and kill strangers. Keeping him in prison until 21 expresses a 

decent and reasonable hope for redemption, because few boys of 11 are the same at 21. 

28



How wrong would it be to warehouse him for life? No one else has gone this far with one so young 

-- not Texas, not Alabama, not any of the states where harsh justice notoriously reigns. He would 

be the youngest person in the United States to serve a life sentence in prison without parole. That 

is not a distinction Pennsylvania needs. 

Superior Court Judges Judith Ference Olson, Cheryl Lynn Allen and Colville should see Jordan 

Brown for the boy he is and not hold his assertion of innocence against him. The justice system 

should have its own remorse if fairness does not prevail here. 

Psychologist: 'Questionable' if teen accused of homicide can empathize with 

others 

The York Dispatch (PA) 

By Elizabeth Evans 



Accused killer Jordan Wallick, who turned 16 years old last week, showed "questionable" ability to 

empathize or sympathize with others, a psychologist testified Monday. 

Lancaster-based Hugh S. Smith -- an expert in child psychology -- evaluated Wallick at the request 

of the teen's defense attorney, Dawn Cutaia, in an effort to have Wallick's criminal case transferred 

to juvenile court. 

Currently, Wallick is charged as an adult with first- and second-degree murder, conspiracy to 

commit both charges, robbery and possession of a firearm by a minor. He remains in York County 

Prison without bail. 

Smith testified during the first day of a two-day hearing before Common Pleas Judge Joseph C. 

Adams, who will then determine whether Wallick is "amenable to treatment." If so, the judge could 

move the case to juvenile court. 

Wallick, of 706 W. Princess St. and Brick City, N.J., remains in York County Prison for the July 28 

homicide of James Wallmuth III. 

Smith testified it was "questionable" whether Wallick can empathize or sympathize with others, 

which is one criterion to determine whether a juvenile criminal offender could be rehabilitated. 

"I cannot say with clinical certainty he is not amenable to treatment," Smith said. 

He said he believes because of that, the judge should consider moving Wallick's case to juvenile 

court. 

The background: Wallmuth, 28, was pronounced dead at York Hospital at 1:31 a.m. July 29. He 

worked in the York County District Attorney's Office for about four years as a case manager, but 

left his job to attend law school at University of Pittsburgh. 

29



York City Police said Wallick and three other people went out looking for someone to rob when 

Wallick approached Wallmuth about 11:06 p.m. July 28 as Wallmuth was sitting on a bench in 

Foundry Park, near the intersection of Grant Street and West Clarke Avenue. 

The robbery went bad and Wallick -- known as "Ghost" and "Lor Ghost" -- shot Wallmuth in the 

back, police allege. 

'Horrific' home life: Testimony Monday revealed Wallick's mother, Zina Bass, to be unwilling or 

unable to provide a stable home life for her son. Cumberland County juvenile public defender Ron 

Turo called Wallick's home life "horrific." 

Smith and Turo confirmed that reports of Wallick's upbringing note his mother was a stripper. 

Testimony also showed she was living with a member of the Bloods gang, and that as a child 

Wallick was forced to protect her from domestic violence. 

Testifying by phone were Sheila and Paul Turnage of Temple, Berks County, who were Wallick's 

foster parents for less than a year when he was 14 years old. 

"He seemed to drift a lot. Sometimes he was angry," Sheila Turnage testified. "To me, it seemed 

like he didn't know how to be a child." 

Turnaround: The Turnages said they provided Wallick with stability and love; they did things with 

him, such as going camping and roller-skating. 

"When we got Jordan, he barely smiled," Sheila Turnage said, but as time passed "he started 

feeling good about himself. ... It was amazing to see how he just changed his life around." 

Under cross-examination by chief deputy prosecutor Karen Comery, the Turnages agreed Wallick 

had problems -- especially at school, where he was suspended a number of times for behavioral 

issues including an assault, throwing a chair and making a threat. Wallick was charged several 

times as a juvenile with criminal offenses, testimony revealed. 

'It's been tough': Testifying for the prosecution was the victim's father, James Wallmuth II of West 

Manchester Township, who said the entire family was close with the victim. 

"It was nothing for us to talk with him two, three, four times a week" when Jimmy Wallmuth was in 

Pittsburgh attending law school, his father said. "It's been tough on the immediate family, but it's 

also been tough on the extended family." 

Wallmuth Jr. said "not a day goes by" that he and other family members don't struggle with 

Jimmy's death. 

Wallick's hearing is scheduled to resume at 9 a.m. Tuesday with more prosecution testimony, 

including that of Dr. Larry Rotenberg, an expert in forensic psychiatry. Comery said she has a total 

of eight witnesses for the hearing. 

30



Co-defendants: Three others are charged in Wallmuth's homicide as well, although police have 

said Wallick is believed to have pulled the trigger. 

They are Kenneth Santiago-Curet, 19, of 706 W. Princess St.; Joshua Edmoundson, 19, of 417 

Waldorf Drive in Conewago Township; and Victor Nelson Virola, 18, of 154 S. Duke St. 

Santiago-Curet testified against Wallick at the teen's preliminary hearing, and Edmoundson's 

defense attorney has said Edmoundson is also cooperating with prosecutors. 

Senate bill reforms Judicial Conduct Board 

The Daily Review (Towanda) 

By Robert Swift 


http://thedailyreview.com/news/senate-bill-reforms-judicial-conduct-board-1.1098097 

HARRISBURG - In an effort to prevent future judicial misconduct cases from being neglected, a 

state senator has introduced legislation overhauling the way the Judicial Conduct Board handles 

complaints and criminal investigations involving judges. 

The measure sponsored by Senate Judiciary Committee Chairman Stewart Greenleaf, R-12, 

Willow Grove, would require the 12-member board - and not just a top staffer - to make the 

decision on whether a complaint against a judge should be acted upon. Another provision 

stipulates that the board must continue its own investigation of a judicial complaint even in the face 

of a grand jury or law enforcement investigation into the same conduct. 

A judge receiving a target letter from a prosecutor about a grand jury or criminal investigation 

would be required to notify the board within 10 days under the bill. 

Greenleaf's bill takes aim at an arm of the state judiciary that came under fire as a result of the 

Luzerne County Courthouse scandal. That centers around federal charges against former Luzerne 

County Judges Michael T. Conahan and Mark A. Ciavarella Jr. for profiting from a kickback 

scheme involving juveniles being sent to for-profit detention centers. Conahan has pled guilty to 

the charges, while Ciavarella is scheduled to go on trial next week. 

In a report last May by a special state investigative commission, the conduct board drew criticism 

for failing to investigate a 2006 anonymous complaint against Conahan detailing allegations of 

unethical conduct and possible criminal conduct. An internal breakdown within the conduct board 

resulted in a failure to investigate the complaint against Conahan and the case falling through the 

cracks, the Interbranch Commission on Juvenile Justice concluded. 

Times-Shamrock Newspapers reported last August that the conduct board received 40 complaints 

against Conahan and Ciavarella during their careers on the Luzerne County bench. 

31



Greenleaf's measure goes beyond recommendations concerning the conduct board that were in 

the interbranch commission report. The commission said the board needs greater oversight and 

recommended creation of a new commission to undertake a full-scale review of the board. 

"It's important for us to address all the issues that can come up and not just what is relevant to the 

interbranch commission," Greenleaf said Monday. 

His bill sets new requirements and notification procedures for the board. The senator wants board 

members to make the basic decision regarding complaints so the job can't be delegated to 

someone else. One provision says a complaint can't be dismissed solely on a decision made by 

the board's chief counsel. 

He said a two-way notification procedure is needed where a judge receiving a target letter promptly 

notifies the board while the board notifies a prosecutor about its own investigation of a complaint if 

it becomes aware of a pending criminal investigation. 

"It (target letter) may be of no importance, but it's something the board should be aware of," 

Greenleaf added. 

Greenleaf held public hearings last spring on juvenile justice issues after the interbranch 

commission report came out. He plans to introduce additional bills dealing with new guidelines for 

referring juvenile offenders to detention centers and legal representation for juveniles who lack the 

financial means to defend themselves in court. 

"When you take a child out of their home, that's a dangerous step," said Greenleaf. "It has to be a 

major issue involving public safety." 

Meanwhile, the Pennsylvania Bar Association has scheduled a round of public hearings this spring 

to examine the state's judiciary, including issues involving the judicial conduct system, representing 

indigent juveniles and selecting judges. The PBA's constitutional review commission will hold a 

hearing 1 p.m. to 4:30 p.m. April 27 at Wilkes University, Wilkes-Barre 

Victim testifies against Moser 

Judge will decide if defendant will face trial as adult 


By Phil Ray 


http://www.altoonamirror.com/page/content.detail/id/546780/Victim-testifies-against- 

Moser.html?nav=742 

HOLLIDAYSBURG - The Altoona Area High School student stabbed in the back while on the steps 

of the school's Fieldhouse Dec. 7 said Monday his alleged assailant had threatened him two weeks 

earlier, telling him he "had 24 hours to live." 

32



In a hearing in Blair County Court, the 16-year-old testified he was so concerned that he told his 

father, but the father told his son "not to worry" about the threatened attack and that it probably 

wouldn't happen. 

The two boys appeared to get along the next couple of weeks, and on Dec. 7, they ate lunch 

together and talked about school, he said. 

What the stabbing victim didn't know was that his alleged assailant, Jeremiah I. Moser, also 16, 

had brought a knife to school and was plotting to kill him later that day on the steps of the 

Fieldhouse where other students would see what was happening, according to police. 

The question before Blair County President Judge Jolene G. Kopriva is whether Moser should be 

tried as an adult or a juvenile. 

He faces charges including attempted criminal homicide. Moser's attorneys, Thomas M. Dickey 

and Joel Peppetti, have petitioned the judge to decertify him or place him in the juvenile system. 

Psychiatrist Dr. George Hromnak of Primary Health Network at Altoona Regional Health System, 

Altoona Hospital Campus, supported the defense's contention that Moser would receive more 

treatment in the juvenile system. 

"I'd say he would be a good candidate for therapy," Hromnak said. 

He said Moser, who has been in treatment for years, "has a history of getting angry and getting in 

various kinds of trouble," adding that Moser experiences "volatile moods." 

Moser was evaluated by Hromnak in April and was placed on medication that helped him control 

his moods. However he later went off the medication. 

Just 10 days before the stabbing, Moser suggested he go back on the medicine because he was 

upset about issues with a girlfriend. 

"He had insight to his problem. He saw it as an internal problem," Hromnak said. 

Kopriva said she would take Hromnak's testimony under advisement, as well as testimony from the 

stabbing victim and a 16-year-old female student who knew both boys. 

The judge has 20 days to make a decision or the request for decertification is automatically denied, 

said Blair County Deputy District Attorney Jackie Bernard, who represented the prosecution. 

Monday's hearing was the first time the victim had the opportunity to tell his story in court. He 

explained that he was walking with a friend when Moser approached him and asked him to go 

back to the steps of the Fieldhouse. 

"He was a little behind me. I didn't know what was going to happen," the boy said. 

33



Then he saw a knife. It struck him below below his left shoulder blade, and he went down. The boy 

said he saw two of his friends begin to argue with Moser and a security guard came to his rescue, 

grabbing the knife out of Moser's grip. 

The stabbing victim said he hesitated at first to go back to school because he didn't want to answer 

questions about what had occurred, and he said he has lost trust in people. He also said he now 

spends a lot of time alone. 

The female friend of both Moser and the victim testified Moser was upset because a girl he had 

briefly dated called him and said the stabbing victim had made her mad to the point she felt like 

she was having a heart attack. 

That is what allegedly led to the original threat to kill the victim and the stabbing, according to 

testimony. 

The girl said on the day of the stabbing Moser sent her three notes indicating he was going to kill 

the other teen. 

The first note said, "He's not the only one I'm going after. Now don't go telling him or anybody else 

or I'm going to kill you." 

The second note said, "I'm going to kill him along with other people. ... I'm getting payback." 

The third note emphasized he was serious about his plan because he had a knife in his coat. 

"I was terrified. I didn't think it was actually going to happen," she testified, explaining why she 

didn't tell anyone. 

Altoona Detective Scott Koehle read a statement by Moser to the judge in which the suspect said, 

"My intention was to kill [the victim]." 

Koehle said Moser showed no remorse in questioning after the incident. 

"He thought he was right in what he was doing," Koehle said. 

Doctor: Teen accused of murder a danger to society 

The York Dispatch 

By Elizabeth Evans 



Teenager and accused murderer Jordan Wallick is "a pleasure-seeking sociopath" with very little 

conscience who is a poor candidate for treatment, an expert forensic psychiatrist testified Tuesday. 

34



Dr. Larry Rotenberg of Berks County, testifying for the prosecution, said Wallick's murder case 

should not be moved to juvenile court because Wallick likely will not accept treatment and remains 

a danger to the public. 

"He's had a terrible, terrible life," the psychiatrist said, and early in his life he turned to crime. 

"That's where he feels comfortable," Rotenberg said. "That's where he feels at home." 

Wallick, who turned 16 last week, will more than likely be diagnosed as having full-fledged antisocial 

personality disorder with narcissistic tendencies once he's 18, the doctor said, explaining 

that such diagnoses generally aren't attached to juveniles. 

He is bright, impulsive, explosive and sees himself as part of the subculture of crime, Rotenberg 

said. 

Because Wallick is not uncomfortable with himself or his personality issues, the chance he would 

seek treatment on his own is "close to zero," although he would participate in treatment in prison, 

"as a means to an end," Rotenberg testified. 

Wallick is unable to form attachments to people "because he has always lived on the edge as sort 

of a loner," Rotenberg said. He noted Wallick would not have committed some of his past crimes -- 

including stealing a rifle from a car and two BB guns from Walmart -- if he had formed human 

attachments. 

Thrill-seeking: His lack of attachments have left Wallick with an emptiness he fills through seeking 

out thrills, including committing crimes, the doctor testified. 

Wallick is charged as an adult with first- and second-degree murder, conspiracy to commit both 

charges, robbery and possession of a firearm by a minor. 

His defense attorney, Dawn Cutaia, is seeking to have the case moved to juvenile court, which 

could adjudicate him delinquent but could only keep him involuntarily locked up until he is 21. 

Rotenberg said five years is "totally insufficient" to rehabilitate the teen. 

Wallick, of 706 W. Princess St. and Brick City, N.J., remains in York County Prison without bail for 

the July 28 homicide of James Wallmuth III. 

The conclusion of Wallick's decertification hearing is scheduled for 1:30 p.m. Feb. 14. Chief deputy 

prosecutor Karen Comery said she has three more witnesses to call. 

The background: Wallmuth, 28, was pronounced dead at York Hospital at 1:31 a.m. July 29. He 

worked in the York County District Attorney's Office for about four years as a case manager, but 

left his job to attend law school at University of Pittsburgh. 

35



York City Police said Wallick and three other people went out looking for someone to rob when 

Wallick approached Wallmuth about 11:06 p.m. July 28 as Wallmuth was sitting on a bench in 

Foundry Park, near the intersection of Grant Street and West Clarke Avenue. 

The robbery went bad and Wallick -- known as "Ghost" and "Lor Ghost" -- shot Wallmuth in the 

back, police allege. 

Co-defendants: Three others are charged in Wallmuth's homicide as well, although police have 

said Wallick is believed to have pulled the trigger. 

They are Kenneth Santiago-Curet, 19, of 706 W. Princess St.; Joshua Edmoundson, 19, of 417 

Waldorf Drive in Conewago Township; and Victor Nelson Virola, 18, of 154 S. Duke St. 

Santiago-Curet testified against Wallick at the teen's preliminary hearing, and Edmoundson's 

defense attorney has said Edmoundson is also cooperating with prosecutors. 

Mundy reintroduces juvenile court legislation 



http://citizensvoice.com/news/mundy-reintroduces-juvenile-court-legislation-1.1098756 

State Rep. Phyllis Mundy, D-Kingston, has reintroduced legislation to allow the Juvenile Court 

Judges Commission to analyze court cases and trends in the system in response to the Luzerne 

County kids-for-cash scandal. 

"We have to give our judges and others in the juvenile justice system the tools to recognize and 

prevent the kind of corruption and violation of children's rights we experienced in Luzerne County," 

Mundy said in a statement. "My bill seeks to better educate juvenile court judges and other officials 

so they can continue working to improve the system." 

The nine-member commission would use its analysis to make recommendations for improving the 

system to juvenile judges and the Administrative Office of Pennsylvania Courts. 

Mundy's bill unanimously passed the House last legislative session but stalled in the Senate. 

"Luzerne County's juvenile courts were plagued with long-standing problems that cannot be 

addressed by one piece of legislation, but my bill is an important step toward repairing the system," 

Mundy said. 

36



17-year-old to be tried as an adult in murder case 


By Vivian Nereim 



A judge this morning denied a request that one of two teens charged with killing three people at a 

party in McKeesport last year be tried as a juvenile. 

Allegheny County Common Pleas Judge Donna Jo McDaniel said that because of the nature and 

sophistication of the crime, 17-year-old Isaiah Hereford should be tried as an adult. 

Mr. Hereford, along with 19-year-old Deanthony Kirk, is charged with killing a party host and two 

guests during a robbery at the Crawford Village housing complex June 15. 

At a hearing Tuesday before the judge, witnesses for the defense testified that Mr. Hereford, who 

turns 18 next week, had psychological issues stemming from family conflict, but was amenable to 

treatment. 

A psychiatrist called by the prosecution countered that four years is not long enough to rehabilitate 

Mr. Hereford if he is guilty of such a heinous crime; those convicted as juveniles are released after 

their 21st birthdays. 

"I will concede certainly that the defendant had a difficult background. ... I will also concede that the 

defendant did very well in placement," Judge McDaniel said today, but the crime itself gave her 

pause, as did Mr. Hereford's juvenile record and his relapse into marijuana use after he was 

released from treatment. 

"These people were not shot once or twice, or shot in reaction," she said. "These people were shot 

six or seven times." 

1st torture-slaying trial scheduled 


By Rich Cholodofsky 


http://www.pittsburghlive.com/x/pittsburghtrib/news/westmoreland/s_721243.html 

The first of six defendants charged with the torture-slaying of a mentally disabled Greensburg 

woman last year will go to trial May 2. 

During a 90-minute court session Thursday, Westmoreland County Judge Rita Hathaway said 18- 

year-old Angela Marinucci will stand trial apart from her co-defendants. 

37



Marinucci and Ricky Smyrnes, 24; Melvin Knight, 21; Amber Meidinger, 21, Robert Loren Masters, 

37; and Peggy Darlene Miller, 28, are charged with first-degree murder in the Feb. 11 stabbing of 

30-year-old Jennifer Daugherty. 

Police said Daugherty was held captive for more than two days in a Greensburg apartment shared 

by her assailants, where she was tortured and killed. Her body was stuffed into a trash can and left 

under a vehicle in the snow-covered parking lot at Greensburg Salem Middle School. 

The prosecution is seeking the death penalty against Smyrnes Knight and Meidinger. Because 

Marinucci was a juvenile at the time of the killing, she is ineligible for capital punishment. 

"I've made a decision. Marinucci will be the first trial," Hathaway said yesterday as all six 

defendants and their lawyers appeared in court to discuss proceedings in the cases. 

The judge previously ruled that Smyrnes and Knight cannot be tried together. 

Marinucci is expected to appear in court on April 11 for a hearing to determine if her case should 

be transferred to juvenile court. Defense attorney Michael DeMatt said because Marinucci was 17 

at the time of the slaying, she should be prosecuted in juvenile court. 

Marinucci could not be held in custody beyond age 21 if she is convicted of murder in juvenile 

court. A first-degree murder conviction in adult court carries a mandatory sentence of life in prison. 

Hathaway ordered that trials for Smyrnes Knight and Meidinger won't be held until at least 

September, but a number of issues still need to be resolved. 

Attorneys for all the defendants have asked that the judge bar prosecutors from seeking the death 

penalty and have questioned the legality of some of the police evidence. 

Hathaway said yesterday that she will decide many of the outstanding issues shortly after 

prosecutors submit legal arguments to her by Feb. 18. 

Defense attorneys told her they are still working to compile reports about their clients' mental 

health status, because all the defendants contend they cannot be executed because they have low 

intelligence. 

The process of finding mental health experts has been slowed because Hathaway has refused to 

allow the defense to spend more than $5,000 to hire mitigation experts, who could be used to 

persuade jurors the defendants should not be sentenced to death. 

"There is no one we found who will work for $75 an hour or a $5,000 cap," said Smyrnes' lawyer, 

Terrance Faye. 

District Attorney John Peck told the judge that plea bargain deals are still being discussed with 

Masters and Miller. Masters testified against his former roommates during a hearing in November 

about how and why Daugherty was killed. 

38



"We've talked about resolving these cases other than a trial," Peck said in court. 

Opinion: Pass JCB bill 

Scranton Times-Tribune 


http://thetimes-tribune.com/opinion/pass-jcb-bill-1.1099681#axzz1D0BlDIyS 

Five years after taking a pass on investigating corrupt Judge Michael T. Conahan of Luzerne 

County, the state Judicial Conduct Board finally could be subject to sweeping reform. 

The JCB is an arm of the state Supreme Court that is responsible for investigating complaints 

against judges at all levels of the court system. 

Its stunning ineffectiveness in the Conahan case was revealed only after Mr. Conahan and former 

Judge Mark A. Ciavarella were indicted by a federal grand jury for alleged racketeering involving 

the juvenile justice system. Mr. Conahan has pleaded guilty; Mr. Ciavarella faces trial. 

A comprehensive investigation by the Interbranch Commission on Juvenile Justice found last year 

that the JCB failed to act on a 2006 complaint against Mr. Conahan. 

Now, state Sen. Stewart Greenleaf, a Montgomery County Republican, has introduced a bill to 

thoroughly reform the JCB, beyond recommendations made by the Interbranch Commission. 

The bill would require the 12-member board itself, rather than any staff person, to decide whether 

to investigate a judge based on a complaint. Also, it would require investigations regardless of 

whether a judge is under investigation by a law enforcement agency. Both of those matters were 

issues in the Conahan case. 

Judges themselves would be required by the bill to notify the conduct board if they are under 

criminal investigation. 

Although the JCB has adopted some internal reforms in the wake of the Luzerne County scandal, 

lawmakers should pass the bill to help ensure zero tolerance for judicial corruption. 

39



Top Stories - National 

Whither Young Offenders? The Debate Has Begun 

The New York Times 

By TREY BUNDY, The Bay Citizen (CA) 


http://www.nytimes.com/2011/01/23/us/23bcjuvenile.html 

Joaquin E. DiazDeLeon, a former Fresno gang member, spent two years inside California’s 

juvenile prison system. What he found there, he said, was no better than the streets he came from. 

Instead of rehabilitating young offenders, he said, correctional officers spent most of their time 

separating rival gangs. Violence was so pervasive, he said, that he kept his gang affiliation just to 

protect himself. 

“Basically you’re being thrown in a box and expected to change,” said Mr. DiazDeLeon, 21, now a 

student at City College of San Francisco. 

Gov. Jerry Brown’s recent proposal to eliminate California’s Division of Juvenile Justice was billed 

as a way to cut $242 million from the state budget. It was also the culmination of a decade-long 

effort to shut the state’s troubled youth prison system, which for years has been plagued by 

violence, abuse and decaying facilities. 

Much of that effort has been centered in the Bay Area after accusations of abuse and neglect at 

the institutions surfaced in a 2003 Alameda County lawsuit. In recent years, some local judges 

often refused to send young offenders to state institutions, preferring to confine them in county 

facilities regarded as safer and more effective. 

Mr. Brown’s initiative would take that unofficial policy further. It would scrap the state juvenile 

justice system and shift responsibility for confining the most violent young offenders to the local 

level, where they are nearer to family and have more community treatment options. The move 

would affect the 1,300 youths in state care, down from 10,000 in 1996. 

Even among critics of the Division of Juvenile Justice, the proposed shift has set off a new debate 

over whether counties are equipped to handle an influx of severely troubled young people. 

“I’m disgusted with myself to think of defending D.J.J. with all the things that have happened over 

the years,” said Sue Burrell, a lawyer at the Youth Law Center in San Francisco, “but if you ask me 

right now, I would opt for keeping a very, very small D.J.J. open and not throwing the kids to the 

wolves.” 

Ms. Burrell said she was concerned that prosecutors might see counties as unfit to handle serious 

offenders and thus try many juveniles as adults, forcing teenagers into adult prisons. 

Barry Krisberg, a senior fellow at the University of California, Berkeley, School of Law, said that 

keeping young offenders at the county level might offer them fewer rehabilitation options. 

40



“I would bet that those kids would end up in juvenile hall, in isolation, getting fewer services,” Mr. 

Krisberg said. “I don’t think we can shut down the entire state system.” 

But Dan Macallair, executive director of the Center on Juvenile and Criminal Justice, a nonprofit 

group in San Francisco, said he believed young offenders could receive better support at the local 

level. “In county juvenile halls, you don’t have the entrenched gang culture and violence you have 

at the state youth authority,” Mr. Macallair said. “The counties can offer a continuum of options — 

maximum security, minimum security, intensive services in the community — that the state could 

never come close to matching.” 

Mr. Macallair, who has called the state institutions “relics of the 19th century,” agreed that the 

proposed state closings presented challenges, but he said too much hand-wringing would keep 

resources at the state level and prevent needed changes. 

“The state system is not set up for major change,” he said. “If the money won’t be flowing to 

counties, counties won’t get any better, and you’ll be left with the status quo.” 

For years, the Division of Juvenile Justice has been in steady decline. The Preston Youth 

Correctional Facility, an hour northeast of Stockton, is scheduled to be shut down by June. It will 

be the ninth state youth detention facility to close since 2002. Only four will remain. 

The population of young offenders in state care has plummeted since 1996, to 1,300 from 10,000, 

because of lower crime rates and laws mandating that only the most serious offenders remain in 

state custody. The vast majority of young offenders are held at county facilities. 

Mr. DiazDeLeon, who was first arrested at 14 on a charge of attempted burglary, agrees with those 

who say the California youth justice system is obsolete. 

“Kids are broken, kids are abused” coming into the state facilities, he said. “I was an abused child 

growing up into a wounded man.” 

Mr. DiazDeLeon said the institution’s need to constantly quell the threat of violence meant he had 

essentially been left to rehabilitate himself. 

“The correctional officers’ job was to keep control of the facility,” he said. “When I was there, they 

were told to do rehabilitation, but they didn’t fully engage in that because they didn’t really believe 

rehabilitation was possible for some of the young men there.” 

If the counties are going to do better than the state, they will need more money and rehabilitation 

services to deal with young people for whom violence is common, said Donna Hitchens, a retired 

San Francisco judge who said she was among those who tried to avoid sending young offenders 

to state institutions. 

41



“On a policy level, it’s a great idea,” Ms. Hitchens said. “But long-term treatment requires really 

strong programs in a secure setting, and a campus environment since they’re going to be there for 

so long.” 

A memo released last week by the Chief Probation Officers of California after the Brown proposal 

was announced stated that county probation departments were ready to participate in the 

governor’s plan — with one major caveat. “We must be sure we can afford the new responsibilities 

the state contemplates for local probation,” the memo said. 

Mr. Brown intends to compensate counties by extending existing sales tax and vehicle license 

fees, according to the California Department of Finance. The state’s 58 county probation 

departments would split $242 million in state money over the next four years. 

In the 2003 Alameda County lawsuit, Judge Jon Tigar of Superior Court found that conditions at 

state youth institutions were unsafe and not conducive to rehabilitation. The court ordered the 

Division of Juvenile Justice to provide young offenders with vastly improved facilities, education 

and treatment programs. 

In an interview before the announcement of Mr. Brown’s plan, a spokesman for the division, Bill 

Sessa, said that the state was in 85 percent compliance with the court’s mandates and that more 

changes were in progress. 

“What may have been true more than a decade ago totally mischaracterizes the reality of the 

Division of Juvenile Justice today,” Mr. Sessa said. 

He said he had no comment on Mr. Brown’s proposal to eliminate the Division of Juvenile Justice. 

Based on his own experience incarcerated at state and county facilities, Mr. DiazDeLeon said 

counties should embrace the inevitable. 

“I think D.J.J. can be replaced with something better within counties,” Mr. DiazDeLeon said. “Their 

model is outdated. You’re already coming from a dysfunctional background and going into 

dysfunctional system. What do you expect?” 

tbundy@baycitizen.org 

42



Committee advances bill on 'sexting' 

The sponsor, a Camden County Democrat, wants to avoid prosecutions. 

Associated Press (AP) – Trenton Bureau (NJ) 

By Angela Delli Santi 


Posted on: 

http://www.philly.com/inquirer/local/nj/20110125_Committee_advances_bill_on__sexting_.html 

TRENTON - New Jersey teenagers caught texting or posting sexually explicit photos online could 

avoid prosecution under a measure that would give first-time offenders the chance to complete a 

diversionary program. 

Assemblywoman Pam Lampitt (D., Camden), who is sponsoring the bill, said it was important to 

teach teens the potential consequences of their actions without saddling them with a criminal 

record. 

"We need to create a path that places education and forgiveness before arrest and prosecution," 

Lampitt said. "Young people, especially teen girls, need to understand that sending inappropriate 

pictures is not only potentially illegal, but can leave an indelible mark on them socially and 

educationally." 

The bill was released from committee by a 6-0 vote, with support from Republicans and 

Democrats. No similar bill has been introduced this session in the Senate. 

The measure targets "sexting," the practice of sending sexually explicit or suggestive photos by 

cell phone, as well as e-mailing similar images and posting them online. It is a nationwide problem 

that has confounded parents, school administrators, and law enforcers. 

Prosecutors in states including Pennsylvania, Connecticut, and Wisconsin have tried to stop it by 

charging teens who send and receive the pictures. Charges include possession and distribution of 

child pornography. Lawmakers in New Jersey agreed that criminal prosecutions were better 

avoided when possible. 

"There are certain aspects [of life] in which the criminal law should not be involved," said 

Assemblyman Michael Patrick Carroll (R., Morris). 

County prosecutors would get to decide who participates in the diversionary program based on 

guidelines spelled out in the bill. For example, the program would be open only to those who had 

no juvenile record and teens who did not realize the potential consequences of their actions. 

The legislation requires the Attorney General's Office to create a program to teach teens about the 

criminal penalties and social consequences of sending or receiving nude or seminude images 

through cell phones or computers. The educational components would include lessons on how the 

Internet can produce long-term and unforeseen consequences after photographs are posted and 

the connection between cyberbullying and the posting of sexual images. 

43



Paul Loriquet, a spokesman for the attorney general, said that his office had not been consulted. 

Successful justice panels take the time to put minors on track 

Arizona Daily Star 

By Kim Smith 


http://azstarnet.com/news/local/crime/article_7243c72b-6ff7-55e9-a701-18931a42a0b0.html 

It looked like a typical shoplifting case: Teen girl meets new friend, steals makeup on a dare, gets 

caught. 

But it wasn't a judge the girl was talking to. And as she told her story, the small group gathered 

around a table in Centennial Elementary School's library learned the case was more complicated 

than it seemed. 

The 15-year-old's tears began flowing as she described being bullied for months at school, via text 

messages and MySpace. She glanced nervously at her mom when she admitted she's been drunk 

and stoned, and she readily admitted she'd rather hang out with her friends than stay at home. 

The people at the table were volunteers from her area, taking part in a program aimed at keeping 

her and other kids out of the juvenile-justice system. 

The girl told them she's not sure if she would smoke marijuana again, but she would probably drink 

again if her friends offered it to her. 

"If I don't do it, then they're not going to accept me," she said, breaking into tears. "I don't know 

who my real friends are." 

Moments later, there were a few smiles as the freshman talked about her love of music, being on 

the honor roll and her dreams of going into nursing or becoming a firefighter. 

After sending her out of the room, the group discussed their hopes and fears for the girl, who the 

Star is not identifying because she is a juvenile. Then they created a list of tasks for her to 

accomplish. 

When they brought her back in, they gave her a choice. 

She could sign a contract promising to tackle the tasks within three months, or she could go 

through the Pima County Juvenile Court system. 

She signed. 

Since May 1998, Pima County probation officers and prosecutors have been diverting thousands 

of children accused of minor crimes from the criminal-justice system to Community Justice Boards. 

44



The boards, which blanket the metro area, include people from all walks of life who want to hold 

children responsible for their actions, while helping them establish and accomplish goals that could 

turn their lives around. The program has been so successful it's grown from three boards and a 

handful of volunteers to 23 boards all over the city and 175 volunteers. 

Chad S. Marchand, a Community Justice unit supervisor, said nearly 2,400 children have 

participated in the program. Eighty-three percent of them accomplished their tasks and of those, 76 

percent have not been charged with another crime. 

Most offenders are referred to the program by juvenile-probation officers, although parents can ask 

to have their kids referred if they meet the requirements. 

Director Mike Burns said that when children are approved for the program, a meeting is held with 

the victims of the crime, the child, the child's parents and board members. 

Kids must admit they committed a crime and listen to the impact their actions had on the victims 

and on their parents. 

The board then asks questions about their social and home lives, school, hobbies and health. 

The idea is to come up with consequences based on the child's answers, but not to dwell overly 

much on the crime itself, Burns said. The idea is for the child not to become defined by his or her 

crime, but to grow from it. 

"We pride ourselves on not lecturing because that can become just, 'blah, blah, blah,' " to children, 

he said. 

Board members are encouraged to be creative with their consequences. He remembers one 

teenager whose dream was to one day own and operate an auto repair shop. The boy was 

required to come up with an academic plan and a business plan, Burns said. 

Later, board members pretended to be lenders and asked him what he planned to use as collateral 

for his business. When the boy admitted he didn't know what collateral was, he was told to do 

some research. 

The boy's mom told the board her son would never accomplish all of the goals set for him, but by 

the end of his three months, his bedroom was decorated with detailed placards outlining his goals, 

Burns said. 

Another time, Burns said, a teenager with poor eyesight wanted to become a fighter pilot. Instead 

of telling him the military would never accept him, they asked him to research how one becomes a 

fighter pilot. He realized on his own that his vision would prevent him from achieving that goal, but 

he'd already decided he'd rather be a jet engine mechanic anyway. 

Board members try to help kids pursue dreams. "We tell them the sky is the limit," Burns said. 

45



Not every child who comes before the board is successful, Marchand said. 

Some kids have simply made a mistake, learn from it and move on. Others are acting out because 

of substance-abuse issues or because there is domestic violence, physical abuse or sexual abuse 

in the home. Some have parents who are in prison, indifferent, inexperienced or overwhelmed. 

Board members recognize they have only three months to help, and they can't force parents to 

seek counseling or attend parenting classes, Marchand and Burns said. 

"Some parents don't seem to care, and their participation is minimal, so we just focus on the kids 

and try to help them succeed despite their parents," Burns said. "Some parents work their tail off to 

help their kids." 

Whatever the parents' participation, Burns said, "We are planting seeds. We are giving them little 

pearls of wisdom." 

Joe Bevington, whose first involvement with the program was as a victim, said an advantage of the 

program is that judges don't have time to get at the real issues that might be prompting kids to act 

out. Community Justice Boards dig deeper and find solutions that work better, he said, than 

punishment. 

The 15-year-old shoplifter must write letters of apology, an essay about what she learned from her 

experience, and a pretend magazine article about peer pressure based on interviews with five 

people. She's also required to participate in the Girls Moving Forward program, which helps girls 

increase their self-esteem, and the Goodwill GoodGuides youth-mentoring program and discuss 

the wrongness of her actions with her younger brothers. 

"Punishing them is not going to solve anything," Bevington said. Better to give them the tools to 

figure out what's going on, he said, and help them tackle the issues they face. 

Santa Clara County officials pledge big changes to juvenile justice 


By Karen de Sá 


http://www.mercurynews.com/crime-courts/ci_17200563?nclick_check=1 

Santa Clara County officials announced far-reaching plans to remake the local juvenile justice 

system this week, pledging to keep the youngest offenders out of jail and ensure that all others are 

handled differently than adult criminals. 

In his State of the County address Tuesday, Supervisor Dave Cortese said his goal is to "put 

juvenile hall out of business" by eventually raising the age limit for entry to 16. 

While current board policy discourages entry for those 12 and younger, county officials have been 

stung in recent years by Bay Area News Group reports that children as young as 10 had been 

46



incarcerated. Cortese, the board's new president, said he wants change to begin this year by 

diverting most children 13 and younger to community-based treatment centers. 

With a similar goal in mind, Presiding Juvenile Court Judge Patrick Tondreau has called on county 

supervisors to split the probation department and create a separate pathway for youth offenders. If 

supervisors agree, Santa Clara County would become only the second California county with 

separate departments to treat adult and juvenile probationers. 

Tondreau said he hopes the change "sends a message to the community that we do treat kids 

differently than adults," he said. 

"They are not just short people; they're still growing up, and their brains do not allow them to 

appreciate the consequences of their actions like an adult. You have to appreciate that if you're 

going to work with kids." 

In a recent report endorsing such a change, the court-appointed Juvenile Justice Commission 

recommended that county leaders model their probation department after San Francisco's, which 

features separate adult and juvenile probation chiefs overseeing facilities and post-release 

supervision. Alternately, supervisors could create one probation department, with two deputy 

chiefs reporting to the same director. In both models, commissioners concluded, the change would 

have "little or no financial impact" if administrative functions are shared. 

But probation officer Mark Murray, a union leader, blasted the recommendation as "illogical" and 

insisted that "creating two additional bureaucracies would cost a fortune." 

Murray also challenged the assessment that probation officers who work with juveniles care little 

about helping young offenders turn their lives around. "We have a lot of responsibilities," he said. 

"One is to rehabilitate young people; the other is to keep the community safe." 

Juvenile justice commissioners maintain that public safety is best served when young offenders 

get age-appropriate services and treatment. As is the case around the state and nation, the 

county's juveniles often land in the justice system having themselves been victims of crime or 

abuse. 

According to a 2005 county-commissioned report, more than 78 percent of youths in the local 

juvenile hall and youth ranches had experienced high levels of trauma before incarceration; more 

than 60 percent suffered from brain disorders. Two-thirds reported drug and alcohol addictions, 

and most were three to five grade levels behind in their education. 

Given those challenges, the commission stated: "If treated as criminals and confined or associated 

with other anti-social peers, it becomes more likely that the identity formed will be that of a 

hardened, dangerous criminal, rather than that of a productive citizen with an imperfect past." 

The commission also noted that the major training program for probation officers at San Jose State 

offers only one course on juvenile justice -- an elective. 

47



Probation Chief Sheila Mitchell maintained that the "current organizational structure provides a 

holistic approach to service delivery for our clients." In a letter to her staff describing the 

commissions' recommendations, Mitchell noted that her department has focused on detention 

alternatives, correcting racial imbalances and improving its juvenile ranches. 

"While our work is always evolving," she wrote, "staff has remained committed to learning new 

skills that have resulted in improved outcomes for our clients." 

Opinion: Let's end the secrecy in juvenile court 


By Leonard Edwards, Special to the Mercury News 


http://www.mercurynews.com/opinion/ci_17222731?nclick_check=1 

A foster child dies while in care. The media contact the children's services agency and ask what 

happened. The agency responds that it cannot reveal any of the facts because the law requires 

that the matter remain confidential. The media next contact the juvenile court judge who responds 

that there will have to be a hearing before the release (if any) of information relating to the death. 

The media is outraged. The public wonders about the secrecy surrounding the child's death and 

whether the agency and the court are trying to hide something. 

California's juvenile courts are closed to the public. For a number of reasons, this policy has not 

served juvenile courts or the public well. It is time to open the juvenile court to public scrutiny. Here 

is my proposal. 

Welfare and Institutions Code sections 346 and 676 restrict public access to the juvenile court, but 

permit the judge to permit those persons who the court finds "have a direct and legitimate interest 

in the particular case or the work of the court." 

In practice, most juvenile courts in California remain closed to the public. Judges are 

understandably reluctant to admit into the courtroom anyone other than those persons directly 

involved in the individual case being heard. 

I suggest that the legal presumption should be for open court hearings with the judge having the 

right to restrict access on a case-by-case basis. 

That is what Assemblyman Mike Feuer, D-West Hollywood, has proposed by introducing AB 73. 

Several good reasons support this proposal. First, many in the public, including the media, regard 

court proceedings as public affairs. They argue that the public has a legitimate and compelling 

interest in the important work of our juvenile courts. 

Second, some argue that openness will encourage all participants in the juvenile court process to 

comply with the law and produce fair, timely, and effective justice. If the judge, the attorneys, and 

the parties know that the public is watching, they will improve their performance. 

48



Third, representatives from the media argue that courts should be open because they are publicly 

funded and decide issues of public interest. 

Fourth, many believe that opening proceedings will bring more public attention to these cases and 

to the critical problems faced by juvenile courts. Openness may also encourage community 

support for programs and resources needed to address the problems faced by children and 

families appearing in the juvenile court. 

Fifth, some claim that openness will educate the public on how the juvenile court system deals with 

its cases involving delinquent behavior, abuse and neglect. If members of the public see how well 

juvenile courts work, they will be less likely to credit the critics of the court. Openness will also 

result in more balanced and accurate stories in the media -- stories that will be less sensational 

and will not contain charges of courts hiding the truth from the public. 

Sixth, many who have studied the issue point out that openness will not involve a significant loss of 

privacy to the parties since few spectators actually come to the court even if courtrooms are open. 

Many oppose opening juvenile court proceedings. They argue that public disclosure might harm 

the child or parents in the case. I believe that the juvenile court judge can decide whether a 

particular hearing needs to be closed to the public and thereby protect family privacy interests. 

By opening our juvenile courts while protecting privacy rights through judicial control of access, 

California will be taking an important step toward increasing public confidence in the court system 

and increasing accountability for court and agency actions. It will also be joining the national trend 

to open juvenile courts. 

In 2005, the National Council of Juvenile and Family Court Judges resolved that "our nation's 

juvenile and family courts be open to the public except when the juvenile or family court judge 

determines that the hearing should be closed in order to serve the best interests of the child and/or 

family members." 

My conclusion is that now is the time to open our juvenile courts and end the secrecy surrounding 

them. Passing of AB 73 will accomplish that goal. 

Leonard Edwards is a retired Santa Clara County Superior Court judge now working as the judgein-residence 

at the California Administrative Office of the Courts. He wrote this article for this 

newspaper. 

49



Gee against expanding civil citations for juveniles 

The Tampa Tribune (FL) 

By MIKE SALINERO 


http://www2.tbo.com/content/2011/jan/29/gee-against-expanding-civil-citations-for-juvenile/newsbreaking/ 

TAMPA - Hillsborough County Sheriff David Gee said Friday he opposes expanding a civil citation 

program that punishes juvenile, non-violent offenders with community service rather than arrest 

and detention. 

The sheriff's office, in conjunction with the state attorney and the school board, adopted a schoolbased 

civil citation program in 2006. The program allows parents of children who commit nonviolent 

misdemeanors on school property the option of a civil citation, which doesn't result in a 

criminal record. 

The county's Juvenile Justice Task Force is recommending that the program be broadened beyond 

schools for the eight misdemeanors, but Gee opposes the expansion. 

The sheriff, in remarks to a county commission advisory group called the Public Safety 

Coordinating Council, said a "wholesale" expansion of civil citations would take the "teeth" out of 

law enforcement and create an expectation among juveniles that they won't be arrested for 

committing crimes like public disorder or simple assault. 

And even though officers would still have some discretion to arrest a juvenile under an expanded 

civil citation program, Gee said they would likely write the citations because then the case wouldn't 

have to wind through the criminal justice system. 

"The de facto result of this will be that people will think they have to do it and, over time, they will 

always do it because it's easier," Gee said. 

The sheriff's remarks were in response to a presentation to the coordinating council by Dewey 

Caruthers, a consultant advising the Juvenile Justice Task Force. 

County Commissioner Kevin Beckner, who created the task force, wanted the criminal justice 

professionals who sit on the public safety council to hear the case for increasing the use of civil 

citations. 

Afterwards, Beckner said he wasn't overly concerned about the sheriff's remarks. 

He noted that Gee had been involved in the recent decision to issue civil citations for shoplifting 

and other petty thefts in unincorporated areas. Beckner said Tampa police are also considering 

adopting that policy. 

"It's a step in the right direction," Beckner said. "They want to move with prudence." 

50



Caruthers said civil citations were proven highly effective in reducing juvenile crime in Miami-Dade 

County when combined with early assessment and intervention for underlying problems such as 

mental disorders, substance abuse and family abuse. 

Wansley Walters, who pioneered those methods and made Miami-Dade a national model for 

treating juvenile offenders, was recently named director of the Florida Department of Juvenile 

Justice. Caruthers said Walters would likely try to replicate her methods statewide. 

The public safety council, which advises the county commission on criminal justice matters, took 

no action on the task force recommendations. 

Patti Pieri, chief of the juvenile division at the state attorney's office and a member of both the task 

force and public safety council, said her office has always supported expanded use of civil 

citations. But Pieri said the citations will only work when combined with better juvenile assessment 

and intervention, both of which are expensive.. 

Scary -- and ineffective 

Traumatizing at-risk kids is not the way to lead them away from crime and drugs 

The Baltimore Sun (MD) 

By Laurie O. Robinson and Jeff Slowikowski 


http://articles.baltimoresun.com/2011-01-31/news/bs-ed-scared-straight-20110131_1_straighttype-programs-straight-program-youths 

"Scared straight" programs have long been wildly popular in this country as a get-tough response 

to juvenile crime. They typically involve bringing at-risk youths into an adult prison, where they are 

confronted — in shocking and brutal fashion — by adult inmates. These programs may include 

tours of the facility and personal stories from prisoners and may even integrate the youths into the 

prison population for up to a day. Experiencing the harsh reality of life behind bars is thought to 

deter kids from a life of crime by frightening them into changing their behavior. 

The A&E Network is currently airing "Beyond Scared Straight," a series highlighting four of these 

programs across the country. A recent episode followed five youths who were brought to the 

Maryland Correctional Institution at Jessup, which houses more than 1,000 inmates. These youths 

came face to face with what the A&E website described as "menacing inmates, including convicted 

murderers, [who] surround the kids and taunt them." The network portrays such programs as 

effective in keeping youths from becoming lifelong criminals. 

Unfortunately, the research tells us otherwise: "scared straight" is not only ineffective but is 

potentially harmful. And it may run counter to the law. 

Anthony Petrosino and a team of researchers from the Campbell Collaboration, an international 

research network, analyzed the findings from evaluations of nine scared straight-type programs. In 

contrast to the claims of proponents, Mr. Petrosino and his colleagues found that these programs 

did not deter teenage participants from offending; in fact, they were more likely to offend in the 

51



future. Across the evaluated programs, participants were up to 28 percent more likely to offend 

than youths who didn't participate. To add insult to injury, a number of youths reported to 

evaluators that adult inmates sexually propositioned them and tried to steal their belongings. Not 

only was scared straight found not to deter criminal behavior, the study strongly suggested the 

program caused harm. 

The fact that these types of programs are still being touted as effective, despite stark evidence to 

the contrary, is troubling. In the decades following the original scared straight program, states 

across the country developed similar models in the hopes that this get-tough approach would 

make an impact on their impressionable youth. As it turns out, the impact was not the one they had 

hoped for. 

Fortunately, in recent years, policymakers and criminal and juvenile justice practitioners have 

begun to recognize that answers about what works are best found in sound research, not in 

storytelling. Evidence from science provides the field with the best tool for sound decision-making. 

This "smart on crime" approach saves taxpayer money and maximizes limited government 

resources — especially critical at a time of budget cuts. 

In light of this evidence, the U.S. Department of Justice discourages the funding of scared straighttype 

programs. States that operate such programs could have their federal funding reduced if 

shown not to have complied with the Juvenile Justice and Delinquency Prevention Act. 

So what does research tell us about what does work? Mentoring programs have been found to be 

effective in reducing incidents of delinquency, substance use and academic failure in participating 

youth. Mentoring is a process that uses positive relationships to teach, impart or institute changes 

in a youth's behavior or attitudes. Research has shown that mentoring relationships that last at 

least 12 months or through an entire school year are most effective. Further, youth in long-term 

mentoring relationships tend to improve their self-esteem, social skills and outlook about their 

future. 

The Department of Justice has supported mentoring programs for more than 30 years as a primary 

prevention tool to address juvenile delinquency. Not surprisingly, research suggests that offering 

at-risk youth a relationship with a positive role model has more benefit than scaring them with a 

negative one. 

It is understandable why desperate parents hoping to divert their troubled children from further 

misbehavior would place their hopes in a program they see touted as effective on TV, and why in 

years past policymakers opted to fund what appeared to be an easy fix for juvenile offending. 

However, we have a responsibility — as both policymakers and parents — to follow evidence, not 

anecdote, in finding answers, especially when it comes to our children. 

Laurie O. Robinson is assistant attorney general for the federal Office of Justice Programs. Jeff 

Slowikowski is acting administrator of the federal Office of Juvenile Justice and Delinquency 

Prevention. 

52



Opinion: Separate Santa Clara County juvenile probation from adult system 


By Patrick Tondreau and Pam Serrano 

Special to the Mercury News 


http://www.mercurynews.com/opinion/ci_17263740 

The guiding principle of the creators of juvenile court was that a child should be treated as a child. 

A vast body of recent research that was not available a generation ago offers new insights about 

both adolescence and youth crime from which we can draw important lessons for the design of 

juvenile justice policy. 

In order to have a system that is focused on the unique developmental needs of troubled juveniles, 

the Santa Clara County Juvenile Justice Court and the Juvenile Justice Commission have come 

together to recommend that the Board of Supervisors create separate juvenile and adult probation 

departments. 

We believe this separation can happen with little or no added cost to the county. The changes we 

are discussing are primarily administrative, such as creating a mission statement unique to juvenile 

probation or having a clearly identified and transparent juvenile probation budget instead of one 

budget encompassing both adults and juveniles. Separate budgets would better protect funds 

serving youth and will help us to understand the impact of investments. 

The most important change should be in the hiring, training and promotion of the officers and 

counselors who work with juveniles. We believe it is important for the Probation Department to hire 

probation officers who want a career working with youth and whose training and education has an 

emphasis on youth development, rehabilitative approaches and best practices in juvenile justice. 

Probation staff working with youth must understand that there are significant differences between 

adult and juvenile offenders. Developmentally, this difference manifests itself in the areas of 

abstract thinking and decision-making. Adolescents are less likely to perceive risk or appreciate the 

consequences of their actions. 

A very high proportion of the youth in our justice system have serious mental health issues, report 

high levels of alcohol and drug use and have extremely high levels of trauma leading to posttraumatic 

stress, all of which seriously impair critical thinking skills and limit problem-solving skills. 

It is easy to presume that negative behaviors are intentional and willful, when in fact such 

behaviors are often a consequence of neurobiological factors and prior adaptation to dangerous 

circumstances. 

Punishment that may be appropriate with adults doesn't work with juveniles and will often 

exacerbate negative behaviors and alienate youth. What works better is respectful adult redirection 

and maintaining environments conducive to accountability. 

53



In the current system, Probation Department job descriptions do not differentiate between juveniles 

and adults, and officers are encouraged, if not required, to move back and forth between adult and 

juvenile arenas. The system of promotions is not self-contained within juvenile probation. 

The Probation Department is led by able people who are committed to and focused on improving 

the outcomes for juveniles. However, our experience is that not all staff have embraced the larger 

vision of the department's leadership. 

We believe the best way to create a consistent philosophy and esprit de corps is through a 

separate juvenile probation department with a clearly stated mission that creates a career path for 

people doing juvenile work and hires people who have the training and desire to help youth. The 

skills needed to deal with adult offenders are not the same. 

The Juvenile Justice Commission and the Juvenile Justice Court believe these changes will lead to 

better lives for our youth and will help fulfill the juvenile court's mission: to protect and rehabilitate 

our youth, build strong and healthy families, redress victims, and increase the safety of our 

community. 

PATRICK TONDREAU is the presiding judge of Juvenile Justice Court. PAM SERRANO is chair of 

the Juvenile Justice Commission, a court-appointed body that monitors the administration of 

juvenile justice. They wrote this article for this newspaper. 

Q&A: Juvenile Judge Irene Sullivan, Part One 

Youth Today (DC) 

By John Kelly 


(Subscription required) 

http://www.youthtoday.org/view_article.cfm?article_id=4602 

In 1998, Irene Sullivan took a seat on the Florida Circuit Court’s Unified Family Court in Pinellas 

County after two decades in corporate law. Her new territory turned out to be just as foreign to her 

as it sounds… 

Sullivan spent the next decade handling child welfare and juvenile justice cases – she never opted 

to rotate out of family court. Her new book, Raised by the Courts: One Judge’s Insight into Juvenile 

Justice, was published in November. She’s hinted she may write a similar book after her 

experiences with the child welfare system. 

Of the myriad books on juvenile justice and other youth issues, many are good resources; few are 

actually good reads. This is one. It could prove to be a momentum-building force of publishing 

along the lines of Ken Wooden’s “Weeping in the Playtime of Others.” 

Sullivan combines accounts of her court experiences with well-researched information about 

juvenile justice strategies that are working around the country. Readers will get a healthy dose of 

54



what Florida’s system is like; other parts of the book focus on broad subjects such as detention 

reform, disproportionate minority contact and substance abuse... 

All the while, Sullivan manages to incorporate statistics and program descriptions without bogging 

down the flow of her narrative. The technique is crucial for spreading her message. There is a finite 

universe of people who will even try to read a dense, data-packed tome on juvenile justice. 

That’s not to say Sullivan’s writing will land her at the top of the best-sellers list. But because of her 

fluid style, it’s more likely that Raised by the Courts makes it into the hands of some influential 

readers who otherwise would not pay attention to juvenile justice. 

It appears that might already have happened in her home state. New Florida Gov. Rick Scott (R) 

named Sullivan to his Law and Order Transition Team as he prepped for his inauguration. Sullivan 

is an unabashed fan of Wansley Walters, whose efforts as juvenile justice director in Miami-Dade 

County were the subject of an entire chapter in her book… 

Sullivan officially retired from the bench in December, which provides her more freedom to speak 

candidly about youth policies and endeavors. She agreed to a phone interview with Youth Today 

on Martin Luther King Day, and let us pepper her with juvenile justice questions… 

Bill Guarantees Girls in Juvenile Justice Same Services as Boys 

Southern Maryland Online 

By HOLLY NUNN 


http://somd.com/news/headlines/2011/13183.shtml 

ANNAPOLIS (February 2, 2011) — Legislation mandating that girls in the juvenile justice system 

receive equal treatment to boys is expected to be filed by Friday with the support of the women's 

caucus and possibly the governor. 

The bill, being introduced by Delegate Kathleen Dumais, D-Montgomery, requires that the state 

"provides females with a range and quality of services and programs substantially equivalent to 

those offered to males." 

Dumais and other advocates of the legislation say the bill doesn't require costly facilities for girls, 

but that the alternatives to detention offered to boys also be offered to girls. 

"There are more community services for boys, and that's where I think the focus needs to be for 

young women," Dumais said. 

Dumais introduced a similar bill during the last legislative session in response to reports of 

inadequate facilities and services at Laurel's Thomas J.S. Waxter Children's Center, the only staterun 

facility in Maryland that provides both treatment and detention for girls. The bill died in 

committee because legislators believed it would be too expensive to implement. 

55



Language was added to the new bill to ensure that the department would only use existing 

resources. 

Shaun Adamec, press secretary for Gov. Martin O'Malley, said the bill would likely get the 

governor's support, and that O'Malley would make juvenile services a priority. 

The governor's proposed budget cut funding for the Department of Juvenile Services by $336,000, 

and he has yet to name a new secretary to the cabinet position to replace Donald DeVore, who 

quit in November. He also delayed design development of a new girls' facility until 2016. 

Delegate Ana Sol Gutierrez, D-Montgomery, a supporter of the bill and member of a task force 

looking into girls' issues in the juvenile justice system, wants to see girls rehabilitated within their 

own communities, not in facilities like Waxter. 

"The bill points out that we have a single solution for girls. They get into detention," Gutierrez said. 

"There's no reason why they couldn't be monitored the same way that boys are in the community." 

Studies have shown that monitoring youth close to home, as in group homes or through afterschool 

reporting programs, leads to better outcomes for juveniles in the justice system than 

detaining them in facilities in other parts of the state. Services within the community allow youth to 

continue going to school and spending time with family. 

A 2007 law requires that juveniles in the system be served close to home unless specialized 

services are necessary. Last year, the Department of Juvenile Services attempted to classify 

"gender-responsive programming" as one of these exceptions, in effect allowing for girls to be sent 

away from their families and communities for treatment. 

After complaints, the department withdrew the regulations, but advocates say that legislation is 

necessary to ensure that girls are not marginalized within the juvenile justice system. 

Last year, critics of the bill said that girls account for too small a portion of the population within the 

system to justify additional services. 

Nearly one in five of the 17,304 youth in the juvenile justice system are girls. 

Department of Juvenile Services spokesman Jay Cleary said that many services are already 

available to girls, like community detention and GPS tracking for offenders considered a flight risk. 

"As a rule, we try to have most youth safely and properly detained in the community," Cleary said. 

The women's caucus is taking up the legislation as one of its key issues for the session, and the 

American Civil Liberties Union of Maryland is lobbying hard for the bill, though supporters 

acknowledge that fixing the troubled agency, which has had problems with escapes, bad 

bookkeeping and inadequate facilities, is going to be a difficult task. 

"Moving a bureaucracy like juvenile services is worse than moving a mountain," Dumais said. 

56



Taking juveniles' fingerprints may be mandatory 

The Standard-Examiner (UT) 

By Loretta Park 


http://www.standard.net/topics/teens/2011/02/02/taking-juveniles-fingerprints-may-be-mandatory 

SALT LAKE CITY -- Fingerprinting juveniles under certain conditions could become mandatory if a 

local lawmaker's bill becomes law. 

House Bill 48, sponsored by Rep. Jeremy Peterson, was tabled Wednesday by the House 

Judiciary Committee. 

Committee members and the executive director of the Commission on Criminal and Juvenile 

Justice asked for some changes to the bill to better protect juveniles. 

The bill came about because one of Peterson's constituents, who works with Weber Metro Crime 

Scene Investigations, told him that most law enforcement agencies do not fingerprint juvenile 

offenders. 

The reason: "There is an assumption we couldn't put juvenile fingerprints in the database," said 

Paul Rimmasch, Weber Metro CSI investigator, who spoke before the committee. 

Rimmasch said even though the current law states juveniles who are between ages 14 and 18 

"may" be fingerprinted if convicted of a crime that would be a class A misdemeanor if they were 

adults, many are not. 

The current law also says a juvenile 14 and older "may" be photographed if charged with a crime 

that would be considered a felony. Many are also not photographed. 

Peterson's bill would change the world "may" to "shall." That one word could help investigators 

solve cases. 

Rimmasch told of one case in which a juvenile was first arrested and convicted for vehicle burglary 

when he was 14, but his fingerprints were never taken. 

He was arrested again when he was 15. Several years after that, more vehicle burglaries were 

reported, and investigators did get good fingerprints but couldn't find a match. 

That match happened after the juvenile turned 18 and was fingerprinted, Rimmasch said. 

Rimmasch said his agency has 339 unsolved vehicle burglary cases with fingerprints they cannot 

match. 

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The changes being asked for include allowing juveniles to have their fingerprints and photographs 

expunged. The current law and bill does not allow juveniles to do that, said Ron Gordon, executive 

director of CCJJ. 

He also said the juvenile justice system would need equipment and training on how to take 

fingerprints. 

Juvenile offenders may be released early 

Associated Press (AP) – Portland Bureau (OR) 


Posted on: 

http://theworldlink.com/news/local/article_f6426628-f8a1-5e79-8e21-292c96af9ea5.html 

PORTLAND (AP) -- Hundreds of Oregon juvenile offenders are scheduled to be released into lessrestrictive 

environments and hundreds more now under supervision could be released back into 

their communities. 

That's the likely result of a major budget cut to the Oregon Youth Authority proposed by Gov. John 

Kitzhaber on Tuesday as part of his attempt to bridge a $3.5 billion budget gap that could expand 

with the next economic forecast. 

The youth authority is scheduled to lose 425 beds, all of those likely coming from offenders who 

were put under supervision at the discretion of a judge. 

Oregon Youth Authority spokeswoman Ann Snyder said the youth authority's most serious 

offenders won't be released, and those who were sent to the system by a judge -- as opposed to a 

sentence from the Department of Corrections -- will be moved into the less-restrictive 

environments. 

'There is no situation where youth with simply be moved out of a facility and put into the community 

without supervision," Snyder said. 

Snyder said the Legislature could do away with the cuts in its current session, or at least dampen 

their severity. The agency took a $33 million cut in Kitzhaber's budget proposal, down almost 13 

percent to about $231 million for the biennium that begins on July 1. 

Snyder said the agency doesn't have a clear picture yet of how many of its employees it will lay off, 

or whether it will need to shutter one of its 11 state facilities. 

The youth authority has been down this road before. In 2003, facing serious budget deficits, the 

state cut the youth authority's funding and its discretionary beds fell from more than 600 to about 

350. 

The economy recovered and beds were added back while demand grew. 

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Last year, cuts loomed again. In September and again in December, the Legislature's Emergency 

Board set aside millions to keep the Oregon Youth Authority from having layoffs or reducing beds 

through April. 

The youth authority supervises about 900 offenders of three types. The first two types are sent to 

them by the Department of Corrections or are considered the most serious youth offenders, and 

the state orders that each must be housed by the youth authority. 

But a third type of offender is considered part of the 'discretionary bed allocation," for which each 

county in Oregon can send a set number of its juvenile offenders. The discretionary beds are the 

ones likely to be cut, and some juvenile offenders who would otherwise spend time in a 

correctional facility will now get a more lenient form of supervision. 

Yamhill County Juvenile Department Director Tim Loewen said each county will have to find a way 

to deal with its individual juvenile justice problem. 

'That's the $24 question," Loewen said. 'Folks have to come up with alternatives. When resources 

at the state level are diminishing, they're likely diminishing at the county level. That presents a 

really big issue." 

Loewen said poorer counties could alleviate overcrowding in their juvenile justice facilities by 

simply not prosecuting lower-level offenses like property and drug crimes. 

'For counties in far eastern Oregon who have more limited resources, when they're dealing with 

chronic offenders and have no detention space to keep them, they're relying on the pooling of 

discretionary beds," Loewen said. 'This (cut) could pose a very dire issue on how they deal with 

either violent or repeat offenders." 

Snyder said that the youth authority will conduct a review of each of its youth offenders to 

determine which ones are most ready for an early release into supervised care. If the Legislature 

doesn't help out with emergency dollars, the agency is supposed to have its cuts in place by Oct. 

1. 

The Oregon Youth Authority was created by a Senate bill in 1995 that sought to separate the 

juvenile corrections system from the one for child welfare. The voters' approval of Measure 11 in 

1994 also created a fixed, tiered system of sentences for juvenile offenders. 

Because Measure 11 brought about mandatory sentences for juveniles, the number Department of 

Corrections offenders skyrocketed through the 1990s to about 300, and reached almost 400 in 

April 2009. 

According to the youth authority's forecasting, juvenile crime has dropped significantly from a peak 

in the mid-1990s, and has remained level since the early 2000s. 

The Oregon Youth Authority's demand for beds stands at 960, and is forecast to remain at about 

1,000 for the rest of the decade. 

59



Teenagers, Friends and Bad Decisions 

The New York Times – Health Blog 

By TARA PARKER-POPE 


http://well.blogs.nytimes.com/2011/02/03/teenagers-friends-and-bad-decisions/?hp 

Why do otherwise good kids seem to make bad decisions when they are with their friends? New 

research on risk taking and the teenage brain offers some answers. 

In studies at Temple University, psychologists used functional magnetic resonance imaging scans 

on 40 teenagers and adults to determine if there are differences in brain activity when adolescents 

are alone versus with their friends. The findings suggest that teenage peer pressure has a distinct 

effect on brain signals involving risk and reward, helping to explain why young people are more 

likely to misbehave and take risks when their friends are watching. 

To test how the presence of peers influences risk taking, the researchers asked 14 young 

teenagers (ages 14 to 18), 14 college students and 12 young adults to play a six-minute video 

driving game while in a brain scanner. Participants were given cash prizes for completing the game 

in a certain time, but players had to make decisions about stopping at yellow lights, and being 

delayed, or racing through yellow lights, which could result in a faster time and a bigger prize, but 

also meant a higher risk for crashing and an even longer delay. The children and adults played 

four rounds of the game while undergoing the brain scan. Half the time they played alone, and half 

the time they were told that two same-sex friends who had accompanied them to the study were 

watching the play in the next room. 

Among adults and college students, there were no meaningful differences in risk taking, regardless 

of whether friends were watching. But the young teenagers ran about 40 percent more yellow 

lights and had 60 percent more crashes when they knew their friends were watching. And notably, 

the regions of the brain associated with reward showed greater activity when they were playing in 

view of their friends. It was as if the presence of friends, even in the next room, prompted the 

brain’s reward system to drown out any warning signals about risk, tipping the balance toward the 

reward. 

“The presence of peers activated the reward circuitry in the brain of adolescents that it didn’t do in 

the case of adults,” said Laurence Steinberg, an author of the study, who is a psychology professor 

at Temple and author of “You and Your Adolescent: The Essential Guide for Ages 10 to 25.” “We 

think we’ve uncovered one very plausible explanation for why adolescents do a lot of stupid things 

with their friends that they wouldn’t do when they are by themselves.” 

Dr. Steinberg notes that the findings give a new view of peer pressure, since the peers in this 

experiment were not even in the same room as the teenager in the scanner. 

“The subject was in the scanner, so the friends were not able to directly pressure the person to 

take chances,” Dr. Steinberg said. “I think it’s helpful to understand because many parents 

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conceive of peer pressure as kids directly coercing each other into doing things. We’ve shown that 

just the knowledge that your friends are watching you can increase risky behavior.” 

Dr. Steinberg notes that the brain system involved in reward processing is also involved in the 

processing of social information, explaining why peers can have such a pronounced effect on 

decision making. The effect is believed to be especially strong in teenagers because brain 

changes shortly after puberty appear to make young people more attentive and aware of what 

other people are thinking about them, Dr. Steinberg said. 

The study results are borne out in real-world data that show teenagers have a much higher risk of 

car accidents when other teenagers are in the car. More study is needed to determine if the effect 

shown in the game study is the same when teenagers are in the presence of an opposite-sex 

friend or romantic interest. In the study, there were no meaningful differences in risk taking among 

boys and girls. However, some real-world driving data suggests that teenage boys take more risks 

behind the wheel when one or more boys are in the car, but drive more carefully if they are with a 

girlfriend. 

For parents, the study data reinforce the notion that groups of teenagers need close supervision. 

“All of us who have very good kids know they’ve done really dumb things when they’ve been with 

their friends,” Dr. Steinberg said. “The lesson is that if you have a kid whom you think of as very 

mature and able to exercise good judgment, based on your observations when he or she is alone 

or with you, that doesn’t necessarily generalize to how he or she will behave in a group of friends 

without adults around. Parents should be aware of that.” 

Hispanic Group Urges Reform of Juvenile Justice System 

The Latin American Herald Tribune (DC) 


http://www.laht.com/article.asp?ArticleId=385915&CategoryId=12395 

WASHINGTON – The National Council of La Raza, the country’s largest Hispanic civil rights 

organization, urged the U.S. Congress Thursday to reauthorize the 1974 Juvenile Justice and 

Delinquency Prevention Act to ensure greater fairness for young people caught up in the system. 

Some 18,000 Hispanic youth are in U.S. jails, prisons and detention centers, according to 

estimates by the NCLR, which claims that young Latinos endure “harsher treatment” than their 

white counterparts who commit the same crimes. 

In its report, “Reauthorizing the Juvenile Justice and Delinquency Prevention Act: The Impact on 

Latino Youth,” the NCLR says “community-based programs” are cheaper and more effective 

alternatives to detention. 

Reauthorizing the 1974 Act, which expired in 2007, would address “the policies that treat youth as 

adults, disproportionately affecting Latinos,” according to La Raza. 

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Latino youth are 28 percent more likely than whites to be arrested and are admitted to adult jails at 

1.4 times the rate of white youth, the report says. 

This “adultification” of Latino youths in the corrections system puts them at a higher risk of sexual 

abuse and suicide, while young people detained in the adult criminal justice system also suffer 

from greater educational disconnection. 

“Our juvenile justice system is in dire need of reform,” Eric Rodriguez, NCLR vice president for 

Research, Advocacy and Legislation said in a statement accompanying the report. 

“Congress needs to renew this important legislation and embrace community-based programs that 

reach Latino youth before they come into contact with law enforcement, helping these children stay 

out of trouble,” he said. 

NCLR says community-based alternatives offer better results than incarceration in terms of 

preventing recidivism. 

“For too long, juvenile justice policy has been driven by negative emotions and fear instead of 

research and real-world experience, which has led to excessively punitive measures that are more 

harmful than helpful to Latino youth and communities,” the study says. 

According to the Hispanic advocacy group, the U.S. Congress now has the opportunity to take a 

“rational approach” to juvenile justice reform by reauthorizing the law. 

Ninety percent of Hispanics between the ages of 10 and 17 live in states that allow youths charged 

as adults to be held in adult detention facilities prior to trial. 

The states with the largest number of Latino youth incarcerated in adult prisons are California, 

Minnesota, North Dakota, Pennsylvania and Wisconsin. EFE 

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