[net-gold] CRIME AND CRIMINALS : LAW: CASE: DECISIONS : LAW: JUDGES: 'Cash for Kids': Judge Who Took $2m from Private Jail Owner to Imprison Innocent Children is Locked Up: Meet The Googles Explores the Negative Aspects of Private Prisons

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  • Date: Sat, 24 Sep 2011 13:26:44 -0400 (EDT)


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CRIME AND CRIMINALS :

LAW: CASE: DECISIONS :

LAW: JUDGES:

'Cash for Kids': Judge Who Took $2m from Private Jail Owner
to Imprison Innocent Children is Locked Up:

Meet The Googles Explores the Negative Aspects of Private Prisons

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'Cash for kids': Judge who took $2m from private jail owner to imprison innocent children is locked up

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By Lee Moran

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Last updated at 11:50 AM on 24th September 2011

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Daily Mail

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http://www.dailymail.co.uk/news/article-2041325/ Cash-kids-Judge-took-2m-jail-owner-imprison-children-locked-up.html

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A shorter URL for the above link:

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http://tinyurl.com/4xp7t2o

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A former judge who locked up thousands of innocent children in a scam that made him and a co-conspirator more than $2 million has been jailed for 17-and-a-half-years.

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Michael Conahan, 59, took the money in bribes from the builder of two profit-making detention centres in Pennsylvania.

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He then 'routinely trampled on youths' constitutional rights' by sentencing innocent children to serve at the unit - while getting payments from the venues' owners for keeping the facilities' full.

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The former Luzerne County President Judge, appearing in a Scranton federal courtroom, apologised to the 4,000 children for his role in the now notorious 'kids for cash' case.

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Conahan, who pleaded guilty to the racketeering conspiracy last year, said: 'The system is not corrupt. I was corrupt.'

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He added: 'My actions undermined your faith in the system and contributed to the difficulty in your lives. I am sorry you were victimised.' Federal prosecutors said Conahan and his co-conspirator, fellow former Luzerne County Judge Mark Ciavarella Jr, took more than $2 million in bribes from the builder of the PA Child Care and Western PA Child Care detention centres.

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They then extorted hundreds of thousands of dollars from the facilities' co-owner. Ciavarella took his case to trial and was convicted of some of the charges, and was sentenced last month to 28 years in prison.

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Conahan was said to be a once-powerful man who regularly met for breakfast with the reputed boss of a north eastern Pennsylvania Mafia family. The Pennsylvania Supreme Court said it had now overturned 4,000 of the juvenile convictions.

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snip

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In sentencing Conahan, Kosik spoke of the deep-rooted political culture that produced him, one in which corruption is tacitly accepted.

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2 judges stand together until they face justice

By Michael R. Sisak (Staff Writer)

Published: September 24, 2011

Times Tribune

http://thetimes-tribune.com/news/2-judges-stand-together- until-they-face-justice-1.1208356#axzz1Yt3oJvOK

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http://tinyurl.com/3enhjvg

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Mr. Conahan, mellowed by months of therapy, chose the path of least resistance and signed another plea agreement and, after an apology-filled soliloquy, was sentenced Friday to 17 years in prison.

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Mr. Ciavarella, incensed by the widespread notion that the kickbacks influenced his decision to jail thousands of juveniles, elected to stand trial. A jury convicted him in February on 12 of 28 counts, and Senior Judge Edwin M. Kosik sentenced him in August to 28 years in prison.

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Assistant U.S. Attorney William S. Houser noted the disparity Friday, telling Judge Kosik to keep in mind that Mr. Conahan "did not put the community through the expense and emotional distress of a trial."

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At his sentencing, Mr. Ciavarella mixed apology with audacity, refusing to concede to allegations that the payoffs influenced his decision to send juveniles away.

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Mr. Conahan, a domineering judge once known as "The Boss," appeared to undergo a transformation in the time between the rejection of the initial plea agreement and his sentencing Friday, his attorney, Philip Gelso, told Judge Kosik.

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snip

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Months after signing their initial plea agreements, Mr. Conahan and Mr. Ciavarella still refused to discuss certain details of the case with the probation officers conducting their pre-sentencing investigations, and they explicitly denied others.

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Mr. Conahan, pounding the same callous, iron fist he used to force the county's use of the for-profit facility in 2003, "attempted to obstruct and impede justice, and failed to clearly demonstrate affirmative acceptance of responsibility with his denials and contradictions of evidence," Judge Kosik said in a memorandum rejecting the agreements.

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Reaction to Conahan sentencing

Published: September 24, 2011

Standard Speaker

http://standardspeaker.com/news/ reaction-to-conahan-sentencing-1.1208297#axzz1Yt3F7mam

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http://tinyurl.com/4ykteda

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Sandra Fonzo, whose son committed suicide several years after being committed

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"I want to thank Judge Kosik for rejecting those ridiculous plea agreements entered into by former judges Conahan and Ciavarella and for letting justice take its course. The sentences imposed on the two former judges are very appropriate, and I believe the families of the victims hurt can sleep better knowing these two men will confined for a lengthy period of time, and they will not be in a position to hurt anyone in the community for a long period of time."

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- Luzerne County Commissioner

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Stephen A. Urban

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"The sentence is significant, as it should be. His crimes were serious in that he severely violated the public trust."

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- Luzerne County District Attorney Jackie Musto Carroll

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"If his voice was cracking and he had any remorse, it wasn't because he was sorry for what he did. It was because he got caught and was feeling sorry for himself."

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Judges Plead Guilty in Scheme to Jail Youths for Profit

By IAN URBINA and SEAN D. HAMILL

Published: February 12, 2009

New York Times

http://www.nytimes.com/2009/02/13/us/13judge.html?pagewanted=all

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At worst, Hillary Transue thought she might get a stern lecture when she appeared before a judge for building a spoof MySpace page mocking the assistant principal at her high school in Wilkes-Barre, Pa. She was a stellar student who had never been in trouble, and the page stated clearly at the bottom that it was just a joke.

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Instead, the judge sentenced her to three months at a juvenile detention center on a charge of harassment.

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She was handcuffed and taken away as her stunned parents stood by.

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I felt like I had been thrown into some surreal sort of nightmare, said Hillary, 17, who was sentenced in 2007. All I wanted to know was how this could be fair and why the judge would do such a thing.

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The answers became a bit clearer on Thursday as the judge, Mark A. Ciavarella Jr., and a colleague, Michael T. Conahan, appeared in federal court in Scranton, Pa., to plead guilty to wire fraud and income tax fraud for taking more than $2.6 million in kickbacks to send teenagers to two privately run youth detention centers run by PA Child Care and a sister company, Western PA Child Care.

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While prosecutors say that Judge Conahan, 56, secured contracts for the two centers to house juvenile offenders, Judge Ciavarella, 58, was the one who carried out the sentencing to keep the centers filled.

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In my entire career, Ive never heard of anything remotely approaching this, said Senior Judge Arthur E. Grim, who was appointed by the State Supreme Court this week to determine what should be done with the estimated 5,000 juveniles who have been sentenced by Judge Ciavarella since the scheme started in 2003. Many of them were first-time offenders and some remain in detention.

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The case has shocked Luzerne County, an area in northeastern Pennsylvania that has been battered by a loss of industrial jobs and the closing of most of its anthracite coal mines.

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And it raised concerns about whether juveniles should be required to have counsel either before or during their appearances in court and whether juvenile courts should be open to the public or child advocates.

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Penn. Judges Get Kickbacks for Placing Youths in Privately Owned Jails

Democracy Now

http://www.democracynow.org/2009/2/17/penn_judges_plead_guilty_to_taking

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Pa. Judge Sentenced To 28 Years In Massive Juvenile Justice Bribery Scandal

Categories: Legal, Crime

11:29 am August 11, 2011

by Eyder Peralta

NPR

http://www.npr.org/blogs/thetwo-way/2011/08/11/139536686/ pa-judge-sentenced-to-28-years-in-massive-juvenile- justice-bribery-scandal

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A shorter URL for the above link:

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http://tinyurl.com/3fcr39m

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Bad judges

The lowest of the low

Another blow against elected judges

Feb 26th 2009 | New york | from the print edition

The Economist

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It just makes me think that anyone can betray the law, says Jamie Quinn, one of the children exploited by the judges. Ms Quinn, from Scranton, was sent to juvenile prison for nine months at 14, after slapping a friend who, she claims, slapped her first.

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Hillary Transue, who is 15 and faced Mr Ciavarella without a lawyer, was sentenced to three months because she constructed a fake MySpace page ridiculing the assistant principal at her high school. Her case led to the judges downfall; children have a constitutional right to a lawyer, and the case first alerted Robert Schwartz, executive director of the Juvenile Law Centre. His organisation exposed the larger crime.

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Kids for cash scandal

From Wikipedia, the free encyclopedia

http://en.wikipedia.org/wiki/Kids_for_cash_scandal

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The "Kids for cash" scandal unfolded in 2008 over judicial kickbacks at the Luzerne County Court of Common Pleas in Wilkes-Barre, Pennsylvania. Two judges, President Judge Mark Ciavarella and Senior Judge Michael Conahan, were accused of accepting money from the co-owner and builder of two private, for-profit juvenile facilities, in return for contracting with the facilities and imposing harsh sentences on juveniles brought before their courts in order to ensure that the detention centers would be utilized.[1][2] Ciavarella and Conahan pleaded guilty on February 13, 2009, pursuant to a plea agreement, to federal charges of honest services fraud and conspiracy to defraud the United States (failing to report income to the Internal Revenue Service, known as tax evasion) in connection with receiving $2.6 million in payments from managers at PA Child Care in Pittston Township and its sister company Western PA Child Care in Butler County.[3][4] The plea agreement was later voided by a federal judge, who was dissatisfied with the post-plea conduct of the defendants, and the two judges charged subsequently withdrew their guilty pleas, raising the possibility of a criminal trial.[5]

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A federal grand jury in Harrisburg, Pennsylvania returned a 48 count indictment[6] against Ciavarella and Conahan including racketeering, fraud, money laundering, extortion, bribery and federal tax violations on September 9, 2009.[7][8] Conahan entered a revised guilty plea to one count of racketeering conspiracy in July 2010.[9] In a verdict reached at the conclusion of a jury trial, Ciavarella was convicted February 18, 2011 on 12 of the 39 counts he faced.[10][11]

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Following the original plea agreement, the Pennsylvania Supreme Court ordered an investigation of the cases handled by the judges and following its outcome overturned several hundred convictions of youths in Luzerne County.[12] The Juvenile Law Center filed a class action lawsuit against the judges and numerous other parties, and the state legislature created a commission to investigate the wide-ranging juvenile justice problems in the county.[13][14] (See: JLC's growing list of related Court Documents[15])

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Contents

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1 Investigation

2 Charges and pleas

3 Criminal verdicts

4 Victim lawsuits

5 Interbranch Commission on Juvenile Justice

6 References

7 See also

8 External links

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Victim lawsuits

Acting under a rarely used power established in 1722 and reserved for extraordinary circumstances, known as "King's Bench jurisdiction",[37] the Pennsylvania Supreme Court appointed a special master on February 11, 2009 to review all juvenile cases handled by Ciavarella.[38] Senior Judge Arthur Grim of the Berks County Court of Common Pleas was appointed special master and returned his findings in an interim report dated March 11.[39] On March 26 the Supreme Court approved Grim's recommendations and ruled that Ciavarella had violated the constitutional rights of thousands of juveniles, and hundreds of juvenile convictions were ordered overturned.[12][40]

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A class action lawsuit was filed by the Juvenile Law Center on behalf of the juveniles who were adjudicated delinquent by Ciavarella despite not being represented by counsel or advised of their rights. Besides naming Ciavarella and Conahan, the suit seeks damages under the civil portion of the Racketeer Influenced and Corrupt Organizations Act (RICO) against the judges' spouses and business associates, shell companies, prison operators, and Luzerne County.[14][41] Three other federal lawsuits filed on behalf of the victims have been consolidated with the Juvenile Law Center lawsuit into a master class action.[42] An amended master complaint was filed on August 28, 2009.[43]

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In June 2010 an injunction was filed on behalf of PA Child Care, Western PA Child Care, and Mid Atlantic Youth Services, the company that provided treatment programs at the juvenile detention centers,[44] to prevent the ordered destruction of thousands of juveniles records on the grounds the records are needed for the defenses case.[44]

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Interbranch Commission on Juvenile Justice

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In the aftermath of the federal charges and defendant pleas, the Pennsylvania General Assembly moved to create a commission to investigate the entire set of circumstances surrounding the miscarriage of justice in Luzerne County. Sponsored by Representative Todd Eachus of Butler Township in Luzerne County, House Bill 1648[45] established the Interbranch Commission on Juvenile Justice in July 2009. The commission comprises 11 members, appointed from each branch of government in Pennsylvania, with four members chosen by the judiciary, four by the legislature and three by the governor.[13] In signing the legislation on August 7, 2009, Governor Ed Rendell castigated Ciavarella and Conahan, saying they "violated the rights of as many as 6000 young people by denying them basic rights to counsel and handing down outrageously excessive sentences. The lives of these young people and their families were changed forever."[13] Scheduled to meet a minimum of once per month, the commission was organized to investigate the actions of and damages caused by the two judges and review the state of the Luzerne County courts left in the wake of their tenures.[46][47] The commission was given power of subpoena and was required to complete its work and report its recommendations and findings to the three branches of state government by May 31, 2010.[48]

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The complete articles may be read at the URLs provided for each.

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Related Net-Gold Post

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LAW: COURTS :
CRIME AND CRIMINALS :
UNITED STATES: COUNTIES: LUZERNE
COUNTY, PENNSYLVANIA:
Judges Accused of Jailing Kids for Cash
http://groups.yahoo.com/group/Net-Gold/message/27789

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MEET THE GOOGLES Explores Negative Aspects of Private Prisons

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Google Scholar Search Results on Negative Aspects of Private Prisons

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Content Sample:

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1. CCJHR Blog: "Kids for cash": the dangers of private prisons laid bare [24K]
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Temple Summon Search

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(false)&s.fvf=ContentType,Newspaper+Article,t&s.pn=1&s.q=(%22private+
prisons%22+OR+%22private+jails%22)+AND+(dangers+OR+conditions+OR+
corruption+OR+bribery+OR+injustice)

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A shorter URL for the above link:

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http://tinyurl.com/3vqpntz

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Google Blogs

http://www.google.com/search?hl=en&q=%28%22private%20prisons%22%20OR%
20%22private%20jails%22%29%20and%20%28dangers%20OR%20conditions%20OR%
20corruption%20OR%20bribery%20OR%20injustice%29&tbo=u&tbm=bks&source=
og&sa=N&tab=sp#hl=en&q=%28%22private+prisons%22+OR+%22private+
jails%22%29+and+%28dangers+OR+conditions+OR+corruption+OR+bribery+
OR+injustice%29&um=1&ie=UTF-8&tbo=u&tbm=blg&source=og&sa=N&tab=
pb&bav=on.2,or.r_gc.r_pw.&fp=fc1f175dc4ba964c&biw=1920&bih=901

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A shorter URL for the above link:

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http://tinyurl.com/3dupmak

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Conservative legislation mill a driving force behind private prisons

    Posted on 09.19.11
    By Stephen C. Webster
    Categories: Featured, Nation

Raw Story Replay

http://www.rawstory.com/rawreplay/2011/09/conservative- legislation-mill-a-driving-force-behind-private-prisons/

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A shorter URL for the above link:

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http://tinyurl.com/3zpxuwf

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The private industry group ALEC, which creates form legislation thats been copied and passed by Republicans in numerous states, has been a driving force behind the rise of the private prison industry in America.

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This brief legislative analysis, by Main Street Insider, explains how that came to be and what ALECs legislation actually does.

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Koch Brothers and ALEC in Google News Archives

http://www.google.com/search?tbm=nws&hl=en&gl=us&as_q=%22koch+
brothers%22+and+alec&as_epq=&as_oq=&as_eq=&as_scoring=r&btnG=
Search&as_qdr=a&as_drrb=b&as_mindate=1%2F1%2F2000&as_maxdate=
9%2F23%2F2011&as_nsrc=&as_nloc=&as_author=&as_occt=any&tbs=
cdr%3A1%2Ccd_min%3A1%2F1%2F2000%2Ccd_max%3A9%2F23%2F2011

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A shorter URL for the above link:

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http://tinyurl.com/42qpxoa

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ALEC and Private Prisons in Google News Archives


http://www.google.com/search?tbm=nws&hl=en&gl=us&as_q=
%22alec%22+and+%28%22private+prisons%22+OR+%22private+
jails%22%29+&as_epq=&as_oq=&as_eq=&as_scoring=r&btnG=
Search&as_qdr=a&as_drrb=b&as_mindate=1%2F1%2F1990&as_maxdate=
9%2F23%2F2011&as_nsrc=&as_nloc=&as_author=&as_occt=any&tbs=
cdr%3A1%2Ccd_min%3A1%2F1%2F1990%2Ccd_max%3A9%2F23%2F2011

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A shorter URL for the above link:

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http://tinyurl.com/3kqsho5

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WEBBIB1112

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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jwne@xxxxxxxxxx
http://daviddillard.businesscard2.com

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Bushell, R. & Sheldon, P. (eds),
Wellness and Tourism: Mind, Body, Spirit,
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Wellness Tourism: Bibliographic and Webliographic Essay
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Other related posts:

  • » [net-gold] CRIME AND CRIMINALS : LAW: CASE: DECISIONS : LAW: JUDGES: 'Cash for Kids': Judge Who Took $2m from Private Jail Owner to Imprison Innocent Children is Locked Up: Meet The Googles Explores the Negative Aspects of Private Prisons - David P. Dillard