Sealed Fifth Presentment Turns 4 Years Old
Posted: Wednesday, December 12, 2018 by Pezzonovante in Labels: travesty of injustice and corruptionIts corrupt, disgusting, and weak politicos ensure that they do.
Illuminating Articles, Commentary, and Opinion
In a November 14 blog post from Fayette County Commissioner/Fayette County Election Board and Voter Registration Commission Chair Angela M. Zimmerlink, we learn that Fayette County District Attorney Richard E. Bower has recused himself and his office from the investigation (and prosecution, if any) of the Fairgate matter.
Readers of this space will recall that a Right-To-Know law request was made to Fayette County Chief Clerk and Open Records Officer Amy Revak for any record documenting the recusal/transmittal of the Fairgate matter to the Pennsylvania Office of Attorney General.
Presently, while this writer is yet to receive a response to the RTK request, the responsive document has been posted by Zimmerlink.
Specifically, DA Bower referred the matter to Jennifer Selber, Executive Deputy Attorney General, Criminal Division, Pennsylvania Office of Attorney General.
Notes:
Rep. Matthew Dowling triumphed in his re-election bid over ex-State Rep. Timothy S. Mahoney.
In unofficial results with 78 or 78 Fayette County precincts reporting, in the 51st Legislative District:
Dowling -- 7,947, or 51.20%
Mahoney --7,576, or 48.80%
In unofficial results from Somerset County, with 11 of 11 precincts reporting, in the 51st Legislative District:
Dowling -- 2,813, or 72.46%
Mahoney -- 1,065, or 27.43%
Total:
Dowling -- 10,760, or 55.46%
Mahoney -- 8,641, or 44.54%
Margin: 2,119
Fayette County Chief Clerk and Open Records Officer Amy Revak today requested a 30-day extension on the Right-To-Know law records request made by this writer on 10/30/2018.
The records request seeks any record which documents the recusal of Fayette County District Attorney Richard E. Bower from the Voter Registration Commission referral (i.e., alleged violations of the Voter Registration Act in the matter popularly referred to as Fairgate) made to his office by unanimous vote of the commission on September 10, 2018. The records request also seeks any record documenting the transmittal of the referral from the Fayette County Office of District Attorney to the Pennsylvania Office of Attorney General for investigation.
Although the Right-To-Know law spells out a procedure for an extension request wherein a determination under which one of seven items an extension may be requested is made by the open records officer, and where the officer provides notice of that determination to the requester, and where the officer provides a reasonable date by which time the requested record will be provided, Revak's e-mail merely made a request for a 30-day extension.
Therefore, a follow-up e-mail pointing to the law and asking Revak to provide this information was sent this afternoon.
What is astonishing is that a record was not provided within the five-day time frame for a response. Ms. Revak and DA Bower work in the same building. The recusal/transmittal records would be very brief records which likely are no longer than one or two pages in length -- if the records even exist at the present time.
And that's the rub, isn't it?
Why hasn't a district attorney (prone to holding press conferences) held a press conference to publicly announce the referral of this important voter registration matter to the Pennsylvania Office of Attorney General?
This space is on record for calling for DA Bower's immediate, public, and swift recusal in the matter in the interest of impartial justice and laying out the reasons why.
See: Fayette Searchlight Calls For DA Bower's Immediate Recusal from VRC Referral
The Republican complaint referred to DA Bower's office for investigation alleges violations of of the Voter Registration Act under 25 C.S.A. § 1711(a)(3).
25 C.S.A. § 1711(a)(3)
(a) Prohibition.--No person may do any of the following:
(3) Intentionally give or promise or offer to give money or goods to an individual as an inducement for the individual to enroll in a particular party or for a registrant to change political enrollment.
Turturice said other than being a paid consultant for a short time, Dowling has never been involved with the transactions of the business in terms of making contracts, paying bills, writing checks or depositing money.
But Davis contended Thursday that bankruptcy filings for the funeral home list Dowling as the funeral home’s chief operating officer.
“He likes you to think he was just a hand-shaker,” Davis said of Dowling.
One day prior to the Masontown
shooting incident, on 09/18/2018, the preliminary hearing for Edward Harris
scheduled before Magisterial District Judge Daniel C. Shimshock was continued
for the seventh time. A preliminary hearing is now
scheduled for 11/19/2018 before Magisterial District Judge Nathan A. Henning.
U.S. District Judge Gustave Diamond last month denied bail for Harris, ruling that there was "no condition or combination of conditions that will assure the safety of others or the community" if he were released.