60 Days vs. 45 Months: Sealed Affidavit Will Not Remain Sealed As Long As Fifth Presentment

Posted: Wednesday, September 26, 2018 by Pezzonovante in Labels: , , , ,
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The Herald-Standard reports that a Dawson man has been charged with criminal homicide in the September 17 Vanderbilt shooting death of Tywain James Reid.

 Roy William Aller, Jr. faces charges of criminal homicide and robbery in the case.

 See:  https://ujsportal.pacourts.us/DocketSheets/MDJReport.ashx?docketNumber=MJ-14304-CR-0000387-2018

 Interestingly, the Herald-Standard reported the following:

The affidavit of probable cause for the case was sealed by request of Fayette County District Attorney Rich Bower and court order of Judge Steve Leskinen.

 Affidavits of probable cause can be sealed, but as 234 Pa. Code Rule 211 makes clear, they cannot stay sealed forever.
 (E)  The affidavit shall be sealed for a period of not more than 60 days, unless the time period is extended as provided in paragraph (F) or paragraph (H).

 See:
https://www.pacode.com/secure/data/234/chapter2/s211.html
As Fayette County Court of Common Pleas Judge Steve P. Leskinen's order for the sealing of the affidavit of probable cause against Aller faces the constraints of time, it will never remain sealed for the length of time (more than 45 months!) the Fifth Presentment from Fayette County Grand Jury No. 2 has remained sealed.

 Why does the Fifth Presentment yet remain sealed?  Why is it yet secret?

 It is long overdue for Judge Steve P. Leskinen to order the unsealing of the Fifth Presentment.

 If he does not unseal it, investigators must!



1 comments:

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