Sealed Fifth Presentment Reaches 45 Months

Posted: Tuesday, September 11, 2018 by Pezzonovante in Labels: , , ,
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Today, 09/12/2018, marks the 45-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 45 months, or for three years and nine months, or for an unheard of 1,370 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 45 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.

 Why? Why? Why? Why? Why? Why? Why? Why? Why?

 Why? Why? Why? Why? Why? Why? Why? Why? Why?

 Why? Why? Why? Why? Why? Why? Why? Why? Why?

 Why? Why? Why? Why? Why? Why? Why? Why? Why?

 Why? Why? Why? Why? Why? Why? Why? Why? Why?  

 Question:  Fayette Searchlight, why the long series of "Why?"?  Isn't that a bit redundant?  

 Answer:  There are 45 of them -- one for each month the Fifth Presentment has remained sealed.  So, that long series of "Why?" is no longer and no more redundant than Judge Leskinen's Order to keep the Fifth Presentment sealed. 

 Fayette County Grand Jury No. 2 Presiding Judge Steve P. Leskinen has many questions to answer, and the public deserves answers.
  • Why has the Fifth Presentment remained sealed for 45 months?
  • Why have you not issued an order to unseal the Fifth Presentment after the passage of 45 months?
  • Why has the subject of the Fifth Presentment not been indicted?
  • Why is the alleged crime to which the Fifth Presentment refers not being treated as equally under the law as the other presentments?
  • Why are you not concerned about the statute of limitations timing out?
  • Why has every other presentment from Fayette County Grand Jury No. 2 been dealt with by the court system, except the sealed Fifth Presentment?
  • Why does the sealed Fifth Presentment remain shrouded in secrecy 45 months after you sealed it?
  • Why do you think Fayette Countians -- who paid for the costs of the grand jury and who pay your salary -- do not deserve to hear answers from you on why the Fifth Presentment remains sealed? . . . .

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