Sealed Fifth Presentment Reaches 47 Months
Posted: Monday, November 12, 2018 by Pezzonovante in Labels: Fayette County Grand Jury No. 2, Presiding Hudge Steve P. Leskinen
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Today, 11/12/2018, marks the 47-month anniversary of the Order by Presiding Judge Steve P. Leskinen to accept and to seal the Fifth Presentment issued by Fayette County Grand Jury No. 2.
See the Leskinen Order here: Fayette County Grand Jury No. 2 Docket (top of Page 7) .
Since 12/12/2014, for 47 months, or for three years and eleven months, or for an unheard of 1,431 days, the Fifth Presentment has remained sealed, and curiously, astute readers will note, the Unified Judicial System database lists the grand jury docket as active, not closed, although jurors were dismissed 47 months ago!
Investigating grand jury presentments are normally not sealed. A sealed presentment usually means the target’s whereabouts is not known or a subject has yet to be apprehended. Moreover, the investigating grand jury statute contains language that logically contemplates the eventual unsealing of a sealed presentment.
See:
42 Pa.C.S.A. § 4551: Title 42 § 4551(b) Sealed presentment.--The supervising judge to whom a presentment is submitted may, on his own motion or at the request of the Commonwealth, direct that the presentment be kept secret until the defendant is in custody or has been released pending trial. In directing that the presentment be kept secret, the supervising judge shall enter an order requiring that the presentment be sealed and that no person shall disclose a return of the presentment except when necessary for issuance and execution of process. [Emphasis added.]
The reason why the length of time we are dealing with on the Fifth Presentment is so unusual is because, in law, there exist time limitations by which time criminal charges must be brought, or the person alleged to have committed a crime cannot be charged.
As Fayette Countians paid for the costs of the county investigating grand jury, we have every right to know why the Fifth Presentment has remained sealed for so long a period of time.
As Fayette Countians paid for the costs of the county investigating grand jury, we have every right to know why the Fifth Presentment has remained sealed for so long a period of time.
There is no doubt that 1,431 days of secrecy is long enough.
The sealed Fifth Presentment was incorporated into the Official Complaint filed by this writer with the Fayette County Election Bureau on September 10, 2018. It is the mandatory duty of the Fayette County Election Board to investigate the complaint and, thus, the sealed Fifth Presentment.
Fayette County has become Ground Zero on whether we have the rule of law, or the rule of men. It's high time to restore the rule of law and to punish any criminal corruption, if revealed. The mandatory investigation is long overdue.
This space can think of no better way to celebrate on this calendar day on which Veterans Day is recognized than to champion the rule of law and equal justice under it.
Fayette County has become Ground Zero on whether we have the rule of law, or the rule of men. It's high time to restore the rule of law and to punish any criminal corruption, if revealed. The mandatory investigation is long overdue.
This space can think of no better way to celebrate on this calendar day on which Veterans Day is recognized than to champion the rule of law and equal justice under it.