By commuting the sentences of 1,500 people who were released to home confinement during the onslaught of the COVID-19 pandemic, President Joe Biden drew the ire of many Pennsylvanians who were affected by what became known as the “kids for cash” scandal in Luzerne County.
“It is truly disheartening to see a national leader on criminal justice issues for decades so wantonly undermine the rule of equal justice in his waning days,” said Sen. Lisa Baker, R-Dallas.
Michael Conahan was one of two judges accused of receiving kickbacks in exchange for sending juvenile offenders to two private prisons. He received a prison sentence of 17.5 years in 2011, which has now ended over two years early in the largest single-day act of clemency issued by a president.
“For the many victims of the Kids for Cash Scandal, for their families, for those involved in bringing the perpetrators to account, for those of us who are still working on a second round of reforms for the juvenile justice system, a commutation of Michael Conahan’s sentence is incomprehensible and indefensible,” said Baker.
The state has been grappling with reform following recommendations by the Juvenile Justice Task Force made in 2021. Even outside of scandals like the one in Luzerne County, child advocates say far too many children are being placed outside their homes in centers where they often suffer abuse and neglect.
One of the children incarcerated as a result of the judicial kickbacks was Edward Kenzakoski, a 17-year-old convicted of a minor drug paraphernalia possession charge. His mother says he was never the same after missing his senior year and spending months in one of PA Child Care’s Facilities. He died by suicide at 23.
The Juvenile Law Center, whose work aims to reduce harm and ultimately abolish systems like the one currently in place, played a large role in bringing the involved parties to justice, first filing a petition with the state’s Supreme Court for relief.
“The Kids for Cash tragedy caused immeasurable harm to many young people and their families when judges took alleged kickbacks for sending children to for-profit detention centers in Luzerne County, PA. Many of these young people are still living with that trauma today,” said Juvenile Law Center’s Chief Legal Officer Marsha Levick in a statement to The Center Square.
Yet for many fighting for carceral reform both within the state, and across the country, clemency isn’t about the harm done by prisoners; it’s about the harm done to them in the course of their sentence.
“While we believe in a compassionate justice system that rejects an historically hyper-punitive approach to holding people accountable, we also hope former judge Michael Conahan has reflected on the harm he caused to thousands of kids as he accepts this clemency today,” said Levick.
The statement continued, “Likewise, while we certainly support President Biden’s actions, we would like to see the same kind of compassion and mercy extended to children nationwide who continue to suffer harm from our juvenile and criminal legal systems.”
For Baker and for those who Michael Conahan and their families incarcerated, time served won’t bring back what was lost.
“Where does ruining the lives of vulnerable kids in order to enrich oneself warrant a presidential commutation?” asked Baker.
