Fayette Searchlight

Yesterday, Fayette County President Judge John F. Wagner, Jr., dismissed the criminal cases against Cheryl Lynn Bozek and George P. Bozek.

See:

Cheryl Bozek Docket Sheet 20160714

George Bozek Docket Sheet 20160716

The court assessed a monetary penalty of $284.25 ($234.25 for Costs and Fees and $50.00 for Restitution) against Cheryl Lynn Bozek.  Included in the breakdown of the Costs/Fees were assessments for a "Clerk Fee - Misd./Felony (Fayette) $137.00" and for "District Attorney - Misdemeanor (Fayette) $15.00."

The assessments against Cheryl Bozek were paid in full. 

For details about the background of the cases see:  Fayette County grand jury recommends 2 be charged with obstructing justice, TribLIVE.com, Dec. 12, 2014.

The cases saw the dropping of felony charges at the lower court level, the recusal of District Attorney Richard E. Bower, and the entry (at Bower's request) of the Pennsylvania Office of Attorney General as prosecutor in the form of AG L. Todd Goodwin and AG Simquita Renetta Bridges.

The cases emanated from two presentments issued by Fayette County Grand Jury No. 2 -- the investigating grand jury which sat for two years in Fayette County and which was impaneled primarily to investigate voter fraud and election fraud allegations that stemmed from three Fayette County Election Board referrals.

The sole remaining issues stemming from the grand jury include the sealed 5th Presentment (which has been sealed for 19 months, and which has been extensively covered in this space) and the uninvestigated 3rd Referral of the Fayette County Election Board (allegations of election fraud against State Rep. Tim Mahoney).

Today, July 12, 2016, marks the 19-month anniversary of the sealing of the 5th Presentment of Fayette County Grand Jury No. 2. -- an Order issued by Presiding Judge Steve P. Leskinen on December 12, 2014.

To view the docket sheet entry of the Order Presenting SEALED Grand Jury Fifth Presentment, see the top of Page 7 of 8 of the Fayette County Grand Jury No. 2 Docket Sheet.

For approximately thirteen months of the former administration of then-District Attorney Jack R. Heneks, Jr., and now for more than six months of the current administration of Fayette County District Attorney Richard E. Bower, the 5th Presentment of Fayette County Grand Jury No. 2 has remained sealed.

In the previous post in this space we pondered the possible reasons for the dormancy of the 5th Presentment and we showed that the prosecutions of at least two of the presentments issued by Fayette County Grand Jury No. 2 are yet proceeding through the Fayette County Court of Common Pleas with the Pennsylvania Office of Attorney General taking over the prosecutions at the request of District Attorney Richard Bower.

While there is much more to say on those prosecutions, gentle readers, let us pause to reflect upon the meaning of the sealed 5th Presentment.  Other presentments from Fayette County Grand Jury No. 2 have been prosecuted and penalties have been meted out.  Juxtaposing the prosecutions of other presentments and the 19-month sealing of the 5th Presentment raises serious questions.  While the previous post in this space covered some of those questions, it bears reiteration that the most serious question is the one which regards equal justice under law.

When the Fayette County Grand Jury No.2 issued a presentment, by law, it had to also be approved by Presiding Judge Steve Leskinen.  Thus, presentments are not issued haphazardly.  For a presentment to issue against an individual, evidence must exist that points to a crime.  Moreover, as the district attorney leads the grand jury in its investigation and in the issuance of presentments, the district attorney usually follows the recommendations of a grand jury.  In fact, the case where a district attorney refuses to follow the recommendations of a grand jury is virtually unheard of.  Why would a district attorney urge a presentment to be issued only never to bring an indictment?

This leads us to the heart of the matter:  It is inherently unequal justice under law to prosecute individuals under other presentments while the individual named in the sealed (for 19 months!) 5th Presentment remains unnamed, unindicted, and unprosecuted.

Grand jury secrecy laws are in place to elicit testimony and to shield witnesses from threats; grand jury secrecy laws are not in place to shield district attorneys and judges from public scrutiny and accountability.

It's high time the public received some answers on why the 5th Presentment has remained sealed for 19 months and when it will be unsealed.

After 19 months, it's time for Fayette County Grand Jury Presiding Judge Steve P. Leskinen and Fayette County District Attorney Richard E. Bower to be accountable to the public which paid for the grand jury and which has every right to know what is being done/what will be done with the sealed 5th Presentment of Fayette County Grand Jury No. 2.