Bower Decision on 3rd Referral Mimics Heneks' Non-Investigation

Posted: Tuesday, September 20, 2016 by Pezzonovante in Labels: , , , ,
0


After previous, multiple contacts with the Fayette County Office of District Attorney, on Wednesday, August 31, 2016, the writer of this blog was informed by Fayette County District Attorney Richard E. Bower that he would not investigate/prosecute the 3rd Referral  
of the Fayette County Election Board -- i.e., allegations of election fraud against state Rep. Timothy S. Mahoney (D-51) which were referred to the Fayette County Office of District Attorney "to be reviewed and a determination made by the district attorney's office" on May 24, 2012, by a unanimous vote of the Fayette County Election Board (Ambrosini, Zapotosky, and Zimmerlink), and which the Pennsylvania Election Code mandates be investigated.

See 25 P.S. § 2642(i):  The county boards of elections, within their respective counties, shall exercise, in the manner provided by this act, all powers granted to them by this act, and shall perform all the duties imposed upon them by this act, which shall include the following:
(i) To investigate election frauds, irregularities and violations of this act, and to report all suspicious circumstances to the district attorney. [Emphasis added.]

In the article, “The Heneks-Mahoney Grand Jury Connection,” this space covered the mandatory requirement to investigate thusly:


Because the Fayette County Election Board did not exercise its power and perform its imposed duty to investigate (but instead referred the matter to DA Heneks [now DA Bower]), the law, through the requirement to investigate, takes the 3rd Referral out of the realm of "possible exploration" and firmly places it into the realm of mandatory investigation.  The district attorney's prosecutorial discretion does not supersede the law to which it is subject, and grand jury secrecy laws do not exist so that district attorneys can shield themselves from public scrutiny, lest the citizenry find out that the requirement of mandatory investigation has been turned into non-investigation.

This space extensively covered ex-DA Heneks' non-investigation here.   

Heneks actually was in attendance at the May 24, 2012, election board meeting where Mahoney admitted to altering and signing his Affidavits of Circulator.

Fayette County District Attorney Richard E. Bower is intimately aware of the evidence against Mahoney, aware of the putrid injustice of the sealed 5th Presentment (which may or may not pertain to the 2nd Referral) and aware of the non-investigation of the 3rd Referral of the Fayette County Election Board.  

 In stark contrast, to his non-investigation of the 3rd Referral, former DA Jack R. Heneks, Jr., investigated the 1st Referral of the Fayette County Election Board which resulted in three election-related presentments and prosecutions. DA Bower is not without knowledge of these prosecutions, for Bower, who was then in private practice, was the attorney of record for Walter "Deb" Wiltrout (see Page 3 of the docket sheet), who was prosecuted on charges even the Fayette County Grand Jury No. 2 termed de minimus (minimal).

 Bower's contra-law, faulty, non-evidence-based decision not to investigate/prosecute the 3rd Referral mimics Heneks' non-investigation of the 3rd Referral.

 It turns a blind eye to Heneks' non-investigation of alleged election fraud and perjury in Fayette County -- alleged crimes for which state law mandates investigation.

 Therefore, Bower's horrid decision stands as an injustice -- a more putrid injustice than that perpetrated by Heneks himself.

 So much for "Want Tough."

0 comments: