Showing posts with label Presiding Judge Steve P. Leskinen. Show all posts
Showing posts with label Presiding Judge Steve P. Leskinen. Show all posts
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Today, 10/12/2018, marks the 46-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.


Since 12/12/2014, for 46 months, or for three years and ten months, or for an unheard of 1,400 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 46 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.



There is no doubt that 1,400 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.

The Fayette County Election Board must open an investigation into the sealed Fifth Presentment of Fayette County Grand Jury No. 2.  The fact that all other Fayette County Grand Jury No. 2 presentments were dealt with -- except the yet-sealed Fifth Presentment -- makes the 46-month sealing highly suspect.  What are officials hiding?  Does the sealed Fifth Presentment deal with a subject of one of the election referrals of May 24, 2012?  The investigation must get to the bottom of the matter.  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.  Let it begin. 


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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!



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.


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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Today, October 12, 2016, marks the 22-month anniversary of the sealing of the 5th Presentment of Fayette County Grand Jury No. 2. -- an Order issued by Presiding Judge Steve P. Leskinen on December 12, 2014.

To view the docket sheet entry of the Order Presenting SEALED Grand Jury Fifth Presentment, see the top of Page 7 of 8 of the Fayette County Grand Jury No. 2 Docket Sheet.

For approximately thirteen months of the former administration of then-District Attorney Jack R. Heneks, Jr., and now for more than nine months of the current administration of Fayette County District Attorney Richard E. Bower, the 5th Presentment of Fayette County Grand Jury No. 2 has remained sealed.

In a previous post in this space we pondered the possible reasons for the dormancy of the 5th Presentment.

Other presentments from Fayette County Grand Jury No. 2 have been prosecuted and penalties have been meted out.  Juxtaposing the prosecutions of other presentments and the 22-month sealing of the 5th Presentment raises serious questions.  While a previous post in this space covered some of those questions, it bears reiteration that the most serious question is the one which regards equal justice under law.

When the Fayette County Grand Jury No.2 issued a presentment, by law, it had to also be approved by Presiding Judge Steve Leskinen.  Thus, presentments are not issued haphazardly.  For a presentment to issue against an individual, evidence must exist that points to a crime.  Moreover, as the district attorney leads the grand jury in its investigation and in the issuance of presentments, the district attorney usually follows the recommendations of a grand jury.  In fact, the case where a district attorney refuses to follow the recommendations of a grand jury is virtually unheard of.  Why would a district attorney urge a presentment to be issued only never to bring an indictment?

This leads us to the heart of the matter:  It is inherently unequal justice under law to prosecute individuals under other presentments while the individual named in the sealed (for 22 months!) 5th Presentment remains unnamed, unindicted, and unprosecuted.

Grand jury secrecy laws are in place to elicit testimony and to shield witnesses from threats; grand jury secrecy laws are not in place to shield district attorneys and judges from public scrutiny and accountability.

It's high time the public received some answers on why the 5th Presentment has remained sealed for 22 months and when it will be unsealed.

After 22 months, it's time for Fayette County Grand Jury Presiding Judge Steve P. Leskinen and Fayette County District Attorney Richard E. Bower to be held accountable to the public which paid for the grand jury and which has every right to know what is being done/what will be done with the sealed 5th Presentment of Fayette County Grand Jury No. 2.

Companion articles:

As Sealed 5th Presentment Approaches 11 Months, DA Heneks Refuses Comment 

The Heneks-Mahoney Grand Jury Connection 

The Prosecution of Walter "Deb" Wiltrout, the Non-Investigation of the 3rd Referral, and the Absence of a 9th Presentment 

Fayette County Grand Jury 5th Presentment Sealing Reaches 1 Year   

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Today, September 12, 2016, marks the 21-month anniversary of the sealing of the 5th Presentment of Fayette County Grand Jury No. 2. -- an Order issued by Presiding Judge Steve P. Leskinen on December 12, 2014.

To view the docket sheet entry of the Order Presenting SEALED Grand Jury Fifth Presentment, see the top of Page 7 of 8 of the Fayette County Grand Jury No. 2 Docket Sheet.

For approximately thirteen months of the former administration of then-District Attorney Jack R. Heneks, Jr., and now for more than eight months of the current administration of Fayette County District Attorney Richard E. Bower, the 5th Presentment of Fayette County Grand Jury No. 2 has remained sealed.

In a previous post in this space we pondered the possible reasons for the dormancy of the 5th Presentment.

Other presentments from Fayette County Grand Jury No. 2 have been prosecuted and penalties have been meted out.  Juxtaposing the prosecutions of other presentments and the 21-month sealing of the 5th Presentment raises serious questions.  While a previous post in this space covered some of those questions, it bears reiteration that the most serious question is the one which regards equal justice under law.

When the Fayette County Grand Jury No.2 issued a presentment, by law, it had to also be approved by Presiding Judge Steve Leskinen.  Thus, presentments are not issued haphazardly.  For a presentment to issue against an individual, evidence must exist that points to a crime.  Moreover, as the district attorney leads the grand jury in its investigation and in the issuance of presentments, the district attorney usually follows the recommendations of a grand jury.  In fact, the case where a district attorney refuses to follow the recommendations of a grand jury is virtually unheard of.  Why would a district attorney urge a presentment to be issued only never to bring an indictment?

This leads us to the heart of the matter:  It is inherently unequal justice under law to prosecute individuals under other presentments while the individual named in the sealed (for 21 months!) 5th Presentment remains unnamed, unindicted, and unprosecuted.

Grand jury secrecy laws are in place to elicit testimony and to shield witnesses from threats; grand jury secrecy laws are not in place to shield district attorneys and judges from public scrutiny and accountability.

It's high time the public received some answers on why the 5th Presentment has remained sealed for 21 months and when it will be unsealed.

After 21 months, it's time for Fayette County Grand Jury Presiding Judge Steve P. Leskinen and Fayette County District Attorney Richard E. Bower to be held accountable to the public which paid for the grand jury and which has every right to know what is being done/what will be done with the sealed 5th Presentment of Fayette County Grand Jury No. 2.


Companion articles:

As Sealed 5th Presentment Approaches 11 Months, DA Heneks Refuses Comment 

The Heneks-Mahoney Grand Jury Connection 

The Prosecution of Walter "Deb" Wiltrout, the Non-Investigation of the 3rd Referral, and the Absence of a 9th Presentment 

Fayette County Grand Jury 5th Presentment Sealing Reaches 1 Year