The 11-month anniversary of the sealing of the 5th Presentment of Fayette County Grand Jury No. 2 arrives Thursday, November 12, 2015.

Today, in a telephone contact to the Office of Fayette County District Attorney Jack R, Heneks, Jr., seeking comment, Fayette Searchlight has learned (through office staffer Pam) that DA Heneks refuses to comment on the status of the sealed 5th Presentment or to provide any guidance or public accountability by relaying whether he intends to bring an indictment against the individual named in the sealed 5th Presentment.

Fayette County Grand Jury No. 2 Presiding Judge Steve P. Leskinen sealed the 5th Presentment on December 12, 2014.  As noted on Not Enough Said (NES) in this post, it is unfair that DA Heneks continues to prosecute other unsealed grand jury presentments/indictments while so far turning a blind eye to the sealed 5th Presentment.  For example, George P. Bozek and Cheryl L. Bozek each face a preliminary hearing in front of Magisterial District Justice Defino on November 23, 2015 at 1:30 p.m., according to their respective docket sheets.

See: Cheryl L Bozek docketGeorge P. Bozek docket

As readers of this space and NES are well aware, three, unanimous, May 24, 2012, Fayette County Election Board referrals were referred to District Attorney Heneks' office for investigation/prosecution.  

See:  Fayette grand jury may probe vote fraud, Tribune-Review, May 24, 2012

To date, the only election board referral on voter fraud or election fraud that has been investigated and prosecuted is the one referral regarding three former or current Bullskin Township supervisors.  Heneks indicted William H. Geary, Thomas Scott Keefer, and Walter "Deb" Wiltrout on election code violations. Each applied for and received admission into ARD -- a pre-trial diversionary program for first-time offenders with the opportunity to have one's record expunged.  Admission was granted in a hearing before Senior Judge Ralph C. Warman on September 16, 2014.  As far as can be gleaned from the absence of current court dockets, it seems the three successfully completed their ARD stint and have had their records expunged.

The other May 24 2012 election board referrals dealt with allegations of election fraud.  State Rep. Timothy S. Mahoney (D-51) alleged that Michael J. Cavanagh, the lone affiant/signator to his petitions' Affidavits of Circulator for his candidacy for state representative (against Mahoney) in the Spring of 2012, filed petitions which contained alleged forgeries.  Signed affidavits from 27 individuals who attest they did not sign the Cavanagh petitions were presented to the election board which unanimously referred the matter to DA Heneks for investigation/prosecution.  

Concomitantly, Michael J. Cavanagh alleged that State Rep. Timothy S. Mahoney committed election fraud when he altered and signed (as the lone affiant/signator) 50 Affidavits of Circulator which pertained to his August 9, 2011, filing of 42 Referendum Petitions and 50 altered (oath Whited-Out and oath-changed) Affidavits of Circulator -- 8 of which date-and-time-stamped affidavits never ended up being attached to any referendum petitions whatsoever.   

As discussed in this space previously, investigating grand jury presentments issue against individuals. Thus, if the sealed 5th Presentment pertains to either one of the remaining election board referrals, it cannot apply to both.  It is a travesty that, to date, only one of the election-related referrals has been investigated/prosecuted.  It would be an even more blatant travesty for two out of three election referrals to be investigated/prosecuted, while the other was ignored.  If it does not already, this would not amount merely to selective prosecution; it would amount to criminality in the form of obstruction of justice.  

As one of the witnesses with ironclad evidence that overlaps the Cavanagh allegations against State Rep. Timothy S. Mahoney (D-51), this writer can attest that he has never been asked by Fayette County District Attorney Heneks to come in and to be interviewed. The grand jury, while still listed as active on its docket sheet because of the remaining prosecutions and the sealed 5th Presentment, released its jurors on December 11, 2014.  No serious investigation of Mahoney by Heneks ever took place.  As far as the public knows, District Attorney Jack Raydan Heneks, Jr. failed to bring any information about State Rep. Timothy S. Mahoney's alleged election fraud before Fayette County Grand Jury No. 2.

Local mainstream media are well aware of the alleged, uninvestigated election fraud.  They remain utterly silent.  Failing to perform their Fourth Estate duty to be watchdogs and bulwarks against governmental corruption, the media silence marks their lapdog status as mere stenographers for the blatantly corrupt powers that be.  The media silence is their complicity.

Will DA-Elect Richard Bower open the sealed 5th Presentment, if DA Heneks does not?

Will DA-Elect Richard Bower investigate/prosecute the two other unanimous Fayette County Election Board referrals of May 24, 2012, if DA Heneks does not?

Will DA-Elect Richard Bower investigate current DA Jack Raydan Heneks Jr. and his mishandling of Fayette County Grand Jury No. 2?