0

In the cases involving the criminal prosecutions of George P. Bozek and Cheryl Lynn Bozek, an OPT (Omnibus Pre-trial Motion) Hearing has been set for 07/20/2016 at 10:00 a.m. in Courtroom #4 before Fayette County Common Pleas Judge Nancy D. Vernon.

Attorney Daniel David Taylor filed an Omnibus Pre-trial Motion on 05/20/2016 on behalf of his client Cheryl Lynn Bozek.  

Attorney Robert Ray Harper, Jr., filed an Omnibus Pre-trial Motion on 05/23/2016 on behalf of his client George P. Bozek.

As the cases have been consolidated, the motions will be heard together.

The cases stem from presentments issued by Fayette County Grand Jury No. 2.  George P. Bozek faces a misdemeanor (M2) charge of Conspiracy - Obstruction Administration of Law/Other Governmental Function.  Cheryl Lynn Bozek faces an identical conspiracy charge and another misdemeanor charge (M2) for Obstruction Administration of Law/Other Governmental Function.  Both saw felony level charges dismissed by the lower court.

In other grand jury matters, the Fifth Presentment issued by Fayette County Grand Jury No. 2 as a sealed presentment on December 12, 2014, remains sealed.  This Sunday -- June 12, 2016 -- will mark the 18-month anniversary of the sealing of the Fifth Presentment.  The Fayette County Office of District Attorney (through the tenure of two district attorneys-- former Fayette County District Attorney Jack R. Heneks, Jr., and current Fayette County District Attorney Richard E. Bower) has acted upon every other presentment issued by Fayette County Grand Jury No. 2, yet for 18 months, the Fifth Presentment has remained sealed.

With the sealing of the Fifth Presentment lasting through approximately 13 months of the Heneks administration (and now lasting through five months of the Bower administration), questions have arisen as to why the presentment remains sealed.

  • After the passage of so much time, why has the Fifth Presentment remained sealed?
  • Is the subject of the Fifth Presentment on the loose and a danger to the community?
  • What are the charges contained in the Fifth Presentment?
  • Who is named in the Fifth Presentment?
  • Do not Fayette County taxpayers (who paid for the grand jury) have a right to know the contents of the Fifth Presentment?
  • Are some presentments being prosecuted, while another/others that should be prosecuted is/are being ignored?
  • If the whereabouts of the individual named in the Fifth Presentment is known, and if the individual has not died, where is the unsealing of the Fifth Presentment, the indictment, the arrest, and the prosecution of this individual?
  • Of the three, unanimous, May 24, 2012, Fayette County Election Board referrals sent to the Fayette County Office of District Attorney for investigation (each of which was included in the Heneks Application for the impanelment of a grand jury), only the First Referral (Item 12, Paragraph 1) resulted in three presentments/prosecutions.  Were the Second Referral (Item 12, Paragraph 2, which pertained to allegations of election fraud and forgery) and the Third Referral (Item 12, Paragraph 3, which pertained to allegations of election fraud, conspiracy, and perjury) investigated by the grand jury?  
  • Does the sealed Fifth Presentment pertain to either the Second Referral or the Third Referral of the Fayette County Election Board?  If so, why didn't another presentment issue from the grand jury which dealt with the remaining, non-investigated Referral, and why hasn't the Fifth Presentment been unsealed?
There are certainly many unanswered questions surrounding the sealed (for 18 months?!?!) Fifth Presentment of Fayette County Grand Jury No. 2.



Companion articles:

As Sealed 5th Presentment Approaches 11 Months, DA Heneks Refuses Comment 

The Heneks-Mahoney Grand Jury Connection 

The Prosecution of Walter "Deb" Wiltrout, the Non-Investigation of the 3rd Referral, and the Absence of a 9th Presentment 

Fayette County Grand Jury 5th Presentment Sealing Reaches 1 Year