On 12/23/2015, Fayette Searchlight received an answer to the following Right-To-Know law request:

Attn. Ms Amy Revak, Fayette County, PA Open Records Officer
Pursuant to the Right-To-Know Law (Act of Feb. 14, 2008 No. 3, P.L. 6 and 65 P.S. §§67.101  et seq.), I am making a records request for written communications (e-mail or hard copy) between the office of state Sen. Pat Stefano (PA-R-32) and/or Mr. Brad Geyer and/or his attorney(s) and the county regarding the creation of a Sports, Tourism and Recreation Authority.
Also, I request, any e-mail communications between Mr. Geno Gallo and Chief Clerk Amy Revak that pertain to the creation of a Sports, Tourism and Recreation Authority, including any communication regarding the the wording and the placement of a Public Notice for same. Because of the specificity of this request and because a public Hearing is scheduled for January 11, 2016, on the matter of the creation of said authority, I trust that this request will be able to be completed within the five-day period for an initial response.
Before the county incurs printing costs in the above request, please first advise this requester as to the volume of responsive materials to this request and as to cost.

See RTKL Answer 20151223 here:  20151223 RTKL Answer.

We learn many things from the answer.  We learn that Michael Butler of Grant Forbes, LLC wrote the Draft Motion of the resolution to be considered by the Board of Commissioners of Fayette County and e-mailed it to Brad Geyer and Geno Gallo on Friday, November 13, 2015, at 3:45 PM.

An aside:  

Michael Butler is the principal at Grant Forbes LLC.  See Butler's LinkedIn page here:  https://www.linkedin.com/in/mike-butler-ab75945.

Grant Forbes, LLC is being paid to do the as-yet-to-be-completed feasibility study.  

We learn that in his e-mail to the commissioners at 9:03 AM on Monday, November 16, 2015, Gallo changed the wording in the Draft Motion written by Butler from "for the purpose of financing sports, entertainment and exhibition facilities in the County. . . ." to "for the purpose of developing sports, entertainment and exhibition facilities in the County. . . ." [Emphasis added.]

We learn that the wording Chief Clerk Amy Revak used in a Public Notice (a legal ad which ran on 12/10/2015 and 12/11/2015) -- "Sports, Tourism and Recreation Authority" -- does not match the wording in the proposed motion -- "sports, entertainment and exhibition."

We learn that Gallo, in his communications, firmly places the imprimatur of state Sen. Pat Stefano's (PA-R-32) office on the project.

Please note that this writer contacted the office of state Sen. Pat Stefano (PA-R-32) week before last and talked with Legislative Assistant Brad Geyer, the main proponent of the creation of a county municipal authority which would, if created, finance a multi-purpose sports, exhibition, tourism, and recreation facility.  In this writer's telephone conversation with Geyer, it was learned that the feasibility study has not yet been completed.  This statement by Geyer confirmed a statement made by Redevelopment Authority of Fayette County Executive Director Andrew French that the study has not been completed.

Geyer argued that a feasibility study need not be completed before a county municipal authority was created and that the authority could then be tasked with overseeing the finalization of the study.

This earth-shattering statement by Geyer raises many questions.

Why put the cart before the horse and create an authority before a feasibility study is complete?  Could not the study come down on the side of infeasibility, or is the outcome of the study pre-determined?  

Why did Michael Butler of Grant Forbes, LLC write the Draft Motion of a resolution for the commissioners to consider when he is performing the yet-to-be-completed feasibility study? Is this not a conflict of interest?  

If the Grant Forbes, LLC study is a pre-determined matter, why pay nearly $27,000.00 in Act 13 monies for the study, or why even perform a study? As nearly $27,000.00 in Act 13 (Marcellus Shale Impact Fee) public monies already have been paid out beginning in late 2014, why isn't the feasibility study complete?  Why are monies that should be going to ameliorate impacts from the Marcellus Shale industry (i.e., crumbling roads) being spent on a Connellsville Ballpark Project?

Are not elected representatives much more accountable to the electorate than appointed members of an autonomous authority that's being put on a very fast track, and should it not be elected representatives (and not members of an autonomous authority) who should be making decisions regarding a feasibility study (and the probable floating of bonds in the millions of dollars)? Why should an authority be created at all, especially before any study is complete and before any cost estimates are provided to the public?  Is a Connellsville Ballpark and the gamble to acquire a minor league baseball team a core function of Fayette County government?  

Should Fayette County citizens be forced to finance facilities for a sports and exhibition authority when their county government faces prison renovation/building costs, a possible adverse Munchinski verdict, a ballooning county budget (thanks in large part to political cronyism), and a state budget that should have been completed by June 30th, but was not?

The answer here at Fayette Searchlight is a definitive "Hell No!"

Prosecution Derived From Grand Jury Presentment To Extend Into 2016

Posted: Wednesday, December 23, 2015 by Pezzonovante in Labels: , ,

The docket sheet for Cheryl Lynn Bozek has seen recent updates.

See:  https://ujsportal.pacourts.us/DocketSheets/CPReport.ashx?docketNumber=CP-26-CR-0002012-2015.

The updates show that the attorney of record for Ms. Bozek, Daniel David Taylor, filed a Request for Bill of Particulars and a Request for Discovery on 12/21/2015.

Moreover, on 12/23/2015, the Court of Common Pleas -- Fayette County filed a Pre-Trial Notice dated May 31, 2016.

Thus, the prosecution derived from a Fayette County Grand Jury No.2 presentment will extend into 2016.


The docket sheet for George P. Bozek reflects the identical notation of a 12/23/2015 Court of Common Pleas  -- Fayette County filing of a Pre-trial Notice dated May 16, 2016.

See the George P. Bozek docket sheet here:  https://ujsportal.pacourts.us/DocketSheets/CPReport.ashx?docketNumber=CP-26-CR-0002011-2015.

Thus, this prosecution, also derived from a Fayette County Grand Jury No.2 presentment, will extend into 2016.


According to the Magisterial District Justice level docket sheets, the Formal Arraignments of Cheryl Lynn Bozek and George P. Bozek were scheduled to take place this morning at 9:30 AM in Courtroom 5; however, the Court of Common Pleas level docket sheets note that the Formal Arraignments were waived.

See the Court of Common Pleas of Fayette County Criminal Docket Sheets for the Bozeks here:

Cheryl Lynn Bozek Criminal Docket:


George P. Bozek Criminal Docket:

We learn many things from the entries on the above docket sheets.  We learn that on 11/16/2015, the Commonwealth filed a Motion for a Protective Order and In Camera Hearing.

On 11/19/2015, Fayette County Grand Jury No. 2 Presiding Judge Steve P. Leskinen issued an Order "that the Commonwealth may use the testimony of the Def(s) at the preliminary hearing in this matter if it is otherwise admissible as admissions under the rules of evidence & the stenographer who transcribed said testimony may testify as to the relevant sections of testimony."  

We learn that on 12/02/2015, the Commonwealth of Pennsylvania consolidated the cases against Cheryl Lynn Bozek and George P. Bozek.  On 12/16/2015 and 12/17/2015, we learn of the Waiver of the Arraignments and of an Information being filed by Fayette County District Attorney Jack Raydan Heneks Jr. (12/17/2015) in both of the consolidated cases.

As has been noted in this space, DA Heneks, while prosecuting the charges against the Bozeks, which emanated from grand jury presentments against them, has failed to unseal (and thus to prosecute) the 5th Presentment issued by Fayette County Grand Jury No. 2 on December 12, 2014.  DA Heneks also has failed to investigate the allegations of election fraud against State Rep. Timothy S. Mahoney (D-51) contained in a 3rd Referral made by unanimous vote of the Fayette County Election Board on May 24, 2012. 

Act 13 Monies Spent For Connellsville Ballpark Project

Posted: Tuesday, December 15, 2015 by Pezzonovante in Labels: , ,

With the Fayette County commissioners unanimously voting at the November 2015 meeting to allow law firms to explore the creation of a Sports and Exhibition Authority, Fayette Searchlight has learned that nearly $27,000.00 in Act 13 (Marcellus Shale Impact Fee) monies have already been spent on consulting fees, feasibility study costs, and legal fees for a Connellsville Ballpark Project.

The subject was broached through an amended agenda process at the November 2015 commissioners meeting.

The primary proponent of the project, Brad Geyer, did not identify the names of individuals who are members of a group that is pushing for the building of a facility and the creation of a municipal authority, nor did he specifically explain where the authority, if created, would find funding for the project.

Mr. Geyer who is a legislative assistant for Sen. Pat Stefano (PA-R-32) mentioned at the commissioners meeting that his group received funding from the Fayette County Redevelopment Authority (FCRA).

When contacted this afternoon, and asked how to go about making a Right-To-Know law request with the FCRA for the record of the expenditure to Mr. Geyer's informal group, Executive Director Andrew French said that the monies were paid directly to Grant Forbes. French, upon request, kindly provided the information regarding the expenditure via e-mail to this writer.

Please see the particulars of the expenditure for the Connellsville Ballpark Project here:


The agenda for the Dec. 15, 2015 commissioners meeting included an item to consider approval of a resolution for public notice announcing a public hearing to inquire into the creation of a Fayette County Sports Exhibition/Tourism Authority.

See Page 5 here:


WMBS AM 590 news reported this afternoon that a hearing would be held on January 11, 2016.

For a full exploration of the implications of the creation of the authority see the 12/15/2015 post at Not Enough Said:



Today, December 12, 2015, the sealed status of the 5th Presentment from Fayette County Grand Jury No. 2 reaches one year in length.

See Page 7 here:  https://ujsportal.pacourts.us/DocketSheets/CPReport.ashx?docketNumber=CP-26-MD-0000475-2012.

Time is running out on outgoing Fayette County District Attorney Jack R. Heneks, Jr., to unseal the 5th Presentment, let alone to prosecute the case.

While the prosecutions of individuals named in unsealed presentments proceed apace, in his charge from the investigating grand jury, Fayette County District Attorney Jack R. Heneks, Jr., has failed utterly to indict, arrest, arraign and prosecute the individual named in the 5th Presentment within the time span of one calendar year from its sealing on December 12, 2014.

It is virtually unheard of that a Pennsylvania district attorney fails to follow the recommendation of a grand jury to issue an indictment.  Let no mistake be made; the failure of DA Heneks to unseal the 5th Presentment before he leaves office as Fayette County district attorney is of historical import. His abject failure to unseal the 5th Presentment coincides with his blatant failure to conduct a mandatory investigation [as required by law -- 25 P.S. § 2642(i)] of the 3rd Referral of the Fayette County Election Board -- allegations of election fraud against State Rep. Timothy S. Mahoney (D-51) forwarded for investigation by the unanimous vote of the Fayette County Election Board to the Office of the Fayette County District Attorney on May 24, 2012.

(See: YouTube 3rd Referral 20120524)

Heneks' camouflage of the 3rd Referral in his Application to impanel a grand jury, Heneks' refusal to recuse himself from all three election-related referrals due to his conflicts (see: Mahoney Pushed For Grand Jury 20121030, Heneks' political relationship with Mahoney, and Heneks' campaign contribution from Mahoney), and Heneks' failure to investigate and to prosecute the 3rd Referral (while prosecuting de minimus violations of the Pennsylvania Election Code) are such putrid injustices that they surely rank very high up on the list of the worst miscarriages of justice in the annals of Pennsylvania jurisprudence.

The only comfort that Fayette County citizens can take from outgoing Fayette County District Attorney Jack R. Heneks, Jr., and his "management" of Fayette County Grand Jury No. 2 is that "outgoing" precedes the name of this dastardly and derelict DA.

On January 4, 2016, at long last, the night of his terrible, tyrannical tenure as Fayette County district attorney will come to an end.

Sic semper tyrannis