Showing posts with label alleged election fraud false swearing and perjury. Show all posts
Showing posts with label alleged election fraud false swearing and perjury. Show all posts

Mahoney's Innuendo and Drivel

Posted: Saturday, November 3, 2018 by Pezzonovante in Labels: ,
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From the article, "Attorneys for 51st District candidates to file motions over false statement allegations," Herald-Standard, Nov. 2, 2018, we find these little gems.
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.

 Let's hone in on the unquoted statement written by Mark Hoffman and ascribed to Mahoney attorney James T. Davis (above in bold).

 "But Davis contended Thursday that bankruptcy filings for the funeral home list Dowling as the funeral home's chief operating officer."

 This is a true statement.  However, this is not a truth statement.

 Analysis:  As an attorney, James T. Davis can contend all he likes for his client, however, his contentions do not necessarily equate to blanket truth.  If Dowling were listed in the bankruptcy filing (i.e., not filings plural) as the funeral home's chief operating officer, then questions about whether Dowling knew about alleged criminal fraud at the Kezmarsky Funeral Home would be valid questions, and Davis would not have to contend about anything at all (now would he?) as it pertained to Dowling's role at the funeral home.

 However, as addressed by Dowling's attorney above and by Dowling here, this question has already been answered by Dowling.  The extent to which bankruptcy filings (plural) list Dowling as the funeral home's chief operating officer ends at Dowling's proposed business plan.

 In the event the business proposal and the bid by investors to take over the business were successful, Dowling would have been running funeral home operations.

 If the H-S reporter were doing his job, his follow-up question to Davis would have been "Which filing or filings, specifically, list Matthew Dowling as chief operating officer of the Kezmarsky Funeral Home?"

 That this question was not asked demonstrates journalistic malpractice.

 ""He likes you to think he was just a hand-shaker," Davis said of Dowling."

 Davis' statement here can be reversed.  Mahoney and his attorney James T. Davis like you to think Dowling was more than just a hand-shaker.  For his campaign's part, Mahoney likes the electorate to think Dowling was involved in or knew about the alleged fraud. 

 In his interview on WMBS on Thursday with Phil Michael in a paid political ad, Mahoney disgracefully yammered on about Dowling listed as a chief operating officer for the funeral home -- a property Mahoney admitted on-air that he had designs on purchasing -- and how Dowling had better be concerned about the DA.  

 This innuendo and drivel is from a man alleged to have committed election frauds and multiple perjuries in the most brazen case of alleged election fraud ever perpetrated against the electorate of Fayette County -- which DA Heneks and DA Bower refused/refuse to investigate, though they were/are mandated by law to do so, and though Mahoney is yet subject to investigation and prosecution for his alleged crimes. 






Attempt At Truth

Posted: Tuesday, October 30, 2018 by Pezzonovante in Labels: , ,
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Another attempt at truth was made today on WMBS' "Hot Topics" program hosted by Phil Michael and Kendall Sisler.

This space believes WMBS Radio's responsibility to its listeners is to report all the news factually.  In that vein, WMBS' non-reportage on the filing of an official complaint on September 10, 2018 and the non-reportage of the subsequent dereliction of duty of the Fayette County Election Board to investigate the complaint was called into question on today's "Hot Topics" program.

 This space disagrees with the notion that truth-telling is somehow not positive.

 This space disagrees with the notion that seeking for the rule of law to be upheld (and for equal justice under law to reign) is somehow negative. 

 This writer's comments begin approximately at the 24:24 mark.

 See:
https://soundcloud.com/user-94071533/hot-topics-hour-2-10302018


Mahoney's Double-Signed Referendum Petitions

Posted: by Pezzonovante in Labels: , ,
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In reviewing ex-State Rep. and current 51st Legislative District Democrat Nominee Timothy S. Mahoney's fatally-flawed referendum petitions, Fayette Searchlight came across something which caused a side-to-side shake of the head.


Here is a link to Mahoney's fatally-flawed and defective referendum petitions:  Referendum Petitions.

Remember, that Mahoney, as the sole affiant on the affidavits, altered and allegedly falsely swore out, allegedly had notarized (perjury), and allegedly fraudulently filed 50 Affidavits of Circulator.

See:  




These affidavits were meant to attest to the validity of the signatures on his referendum petitions.

If one scrutinizes the referendum petitions carefully, one finds something very interesting.

At the Referendum Petitions link, if one scrolls to Petition 16, Line Number 1355, one will see the signature of Stephen E. Kezmarsky.  The signatures of Nancy L. Kezmarsky and what appears to be Alexa Kezmarsky follow on Line 1356 and Line 1357, respectively, with Steve Kezmarsky on Line 1364.  The address associated with each of these signatures is 93 Belmont Circle, Uniontown.

If one scrolls to Petition 25, Line Number 747, one will again see the signature of Stephen E. Kezmarsky.  On Line 748, one will again find the signature of Nancy L. Kezmarsky.  On Line 763, one will again find the signature of Steve Kezmarsky.  On Line 769, one will find the signature of Lexi Kezmarsky (short for Alexa, we surmise).  The address associated with each of these signatures is 93 Belmont Circle, Uniontown.

Mahoney, whose sworn affidavits were meant to attest to the validity of the signatures on his fatally-flawed, defective referendum petitions, filed referendum petitions which were double-signed by Stephen E. Kezmarsky and other members of the Kezmarsky family.

While this, in small part, points to the fraudlent nature of Mahoney's referendum petitions, it does not implicate Mahoney in the alleged criminal fraud at the Kezmarsky Funeral Home just as State Rep. Matthew Dowling's employment there and subsequent interest in purchasing the business do not implicate him in any criminal wrongdoing, notwithstanding the baseless claims of the Mahoney campaign.

Fayette County Election Board Refuses To Place Official Complaint On Meeting Agenda

Posted: Friday, October 12, 2018 by Pezzonovante in Labels: , , , ,
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The Fayette County Election Board has run a public notice for a meeting which will take place on Tuesday, October 16, 2018.  The election board will meet to consider a polling place location change for Menallen Township, District 3.

 See link:

 Set election and Fayette County as your search parameters.

 The public notice does not include as an agenda item the official complaint filed by this writer with the Fayette County Election Bureau/Board on September 10, 2018.

 More than a month remove from the filing of the complaint, the election board remains in dereliction of its duty under law to investigate the complaint.

 In stark contrast to the complaints filed by GOP state Chairman Val DiGiorgio on August 8, 2018, and by Fayette County Democrat Chairman George Rattay on August 16, 2018, where a meeting was scheduled and held on August 20, 2018 to hear the complaints within a time frame of 12 and 4 days, respectively, for more than one month, the Fayette County Election Board has failed to provide an update on the status of the official complaint and has refused to place the official complaint on any election board agenda.

 Members of the Fayette County Election Board are mandated by law to investigate allegations of election law violations, not cover them up.  Those who cannot perform their duty under law should recuse themselves, not subvert the law.


Sealed Fifth Presentment Reaches 46 Months

Posted: Thursday, October 11, 2018 by Pezzonovante in Labels: , , , ,
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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.

See the Leskinen Order here:  Fayette County Grand Jury No. 2 Docket (top of Page 7) .

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. 

Official Complaint Filed

Posted: Friday, September 21, 2018 by Pezzonovante in Labels: , ,
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On Monday, September 10, 2018, in the immediate aftermath of the Voter Registration Commission hearing, an Official Complaint was filed with the Fayette County Election Bureau(FCEB)/Board.  The complaint and a follow-up letter sent to the attention of FCEB Director Larry Blosser asks the board to fulfill its duty under 25 P.S. § 2642(i) to conduct an investigation into the alleged election fraud and perjuries of the current 51st Legislative District Democrat Nominee and ex-State Rep. Timothy S. Mahoney.

25 P.S. § 2642:The county boards of elections, within their respective counties, shall exercise, in the manner provided by this act, all powers granted to them by this act, and shall perform all the duties imposed upon them by this act, which shall include the following:

(i) To investigate election frauds, irregularities and violations of this act, and to report all suspicious circumstances to the district attorney.


 The complaint informs the election board of the yet-sealed Fifth Presentment of Fayette County Grand Jury No. 2  which may pertain to one of the election-related referrals made by a 3-0 unanimous vote of the board on May 24, 2012 and referred to then-District Attorney Jack R. Heneks, Jr.  Subsequently, then-DA Heneks incorporated the three referrals into his Application to impanel Fayette County Grand Jury No. 2.

 As with the two other complaints filed this year, this space expects nothing less from the Fayette County Election Board than a full, fair, and impartial investigation of the matter and for equal justice under law.

Original Documents of ex-State Rep. Timothy S. Mahoney's Fatally-Flawed Referendum Petition and Perjured Affidavits Destroyed

Posted: Tuesday, August 28, 2018 by Pezzonovante in Labels: , , , ,
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Yesterday, 08/27/2018, via telephone, this space received confirmation from Fayette County Election Bureau Director Larry Blosser that the original documents in the August 9, 2011, submission of fatally-flawed referendum petitions and altered, falsely sworn, and perjured affidavits of circulator filed by then-State Rep. Timothy S. Mahoney have been destroyed by the Fayette County Election Bureau.

 Blosser said the destruction was related to the election bureau's five-year retention policy and received assent from the Fayette County Office of District Attorney.

 Blosser also said the original documents related to alleged voter fraud/election fraud in two other referrals made to then-Fayette County District Attorney Jack R. Heneks, Jr. by the Fayette County Election Board on May 24, 2012, also have been destroyed.

 There is no problem with records destruction of original documents pertaining to the David E. Butler allegations which led to presentments against three Bullskin Township supervisors.  The supervisors went through ARD, paid fines, performed community service, and had their records expunged.  The cases there are closed. 

 The destruction of the original records pertaining to the Mahoney allegations against Uniontown businessman Michael J. Cavanagh may seem to be in order, for time limitations pertaining to the allegations have lapsed.  Yet, due to the sealed Fifth Presentment from Fayette County Grand Jury No. 2, the unanswered question as to who is the subject of that presentment, and whether Fayette County Grand Jury No. 2 Presiding Judge Steve P. Leskinen's order to seal the Fifth Presentment will be lifted after more than 44 months, the original documents regarding the Mahoney allegations against Cavanagh likely should have been retained.

 Blosser was confronted with the facts as to why the original documents regarding the Mahoney submission should not have been destroyed.  They should not have been destroyed because the matter was referred to then-DA Heneks for a determination (Third Referral), because the matter was included in his Application for the empanelment of a grand jury, because there exists a sealed Fifth Presentment (Page 7 of the next hyperlink) from the grand jury which has never been unsealed, because the grand jury docket remains active (not closed), and because, due to an extension on the time limitation which applies, Mahoney is yet subject to investigation and prosecution.

 Current District Attorney Richard E. Bower was made aware of this extension of the time limitation in a submission letter detailing the allegations against Mahoney dated 06/15/2016.  Approached with prima facie evidence of election law violations where an indictment could have issued within a matter of days to stop the time limitations from running, Bower, for weeks, shirked his duty to perform the mandatory investigation in the case and knowingly permitted the general statute of limitations regarding the allegations on perjury against Mahoney to expire (August 9, 2016; August 22, 2016). 

 Subsequently, in 2016, following his failure to perform his mandatory, statutory duty to investigate the allegations against Mahoney under 25 P.S. § 2642(i), Bower made a contribution to then-State Rep. Timothy S. Mahoney's campaign committee -- The Friends of Tim Mahoney (see the top of Page 4 in the link to the report).  Bower also became a listed co-sponsor of "The Democratic Radio Hour" heard Fridays on WMBS 590AM and funded, in part, by The Committee to Re-Elect Tim Mahoney (see bottom of Page 11 here).

 While Fayette County District Attorney Richard E. Bower should have been investigating and prosecuting the case against Mahoney (or, more appropriately, recusing himself and referring the matter to the Pennsylvania Office of Attorney General because his campaign manager Lance Winterhalter's Office of Prothonotary notarized 48 of 50 of Mahoney's altered, falsely sworn, and perjured affidavits of circulator outside the presence of the already-filed referendum petitions to which the affidavits are meant to attest), instead, after allowing the general (i.e., not the extended) statutes of limitations to expire, Bower contributed to Mahoney's election in 2016 and, in part, as a co-sponsor, currently funds the radio program stumping for Mahoney's re-election in 2018.

[Now we learn that DA Bower's office had a hand -- in the face of his personal knowledge of the extended statute of limitations which applies to Mahoney -- in assenting to the Fayette County Election Bureau destruction of the original documents filed by Mahoney on August 9, 2011.]  RETRACTED SEE UPDATE/RETRACTION

 Yesterday, a Right-to-Know Law request was filed with Fayette County Open Records Officer Amy Revak and with Fayette County Election Bureau Director Larry Blosser seeking communications between the election bureau and the district attorney's office regarding the destruction of the original documents in the Mahoney submission.

 UPDATE/RETRACTION:

 Fayette Searchlight issues a retraction for this part of the story above:  

 "Now we learn that DA Bower's office had a hand -- in the face of his personal knowledge of the extended statute of limitations which applies to Mahoney -- in assenting to the Fayette County Election Bureau destruction of the original documents filed by Mahoney on August 9, 2011."  

 This section of the article was based on incomplete knowledge.  The article section was written with the thought the original materials in matters referred to former District Attorney Jack R. Heneks, Jr. and included in his Application for the empanelment of a grand jury would be kept for at least as long as the general statute of limitations -- i.e., a five-year time period from August 9, 2011.  This would have placed the destruction squarely within the administration of current Fayette County DA Richard E. Bower.  Instead, according to an answer to a Right-To-Know law request, the Fayette County Office of District Attorney never provided direction to the Fayette County Election Bureau to preserve documents beyond their scheduled two-year destruction schedule.  Thus, according to Cheryl Karol at the FCEB, the Tim Mahoney and Michael Cavanagh papers and petitions were destroyed at the two-year interval.  Even hypothetically going off the May 24, 2012 election board meeting date (to be conservative), the documents would have been destroyed by May 24, 2014 -- squarely within the DA Heneks administration.