Showing posts with label sealed Fifth Presentment. Show all posts
Showing posts with label sealed Fifth Presentment. Show all posts

Official Election Complaint

Posted: Tuesday, October 16, 2018 by Pezzonovante in Labels: , , , , ,
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Here is a link to the Official Complaint (corrected copy) filed with the Fayette County Election Bureau/Board on Monday, September 10, 2018.  The complaint is replete with Pennsylvania Election Code citations and corroborating evidence.  However, for more than one month, the complaint has been neglected by the Fayette County Election Board -- now comprised of the three Fayette County Commissioners (Angela M. Zimmerlink, Chair, Vincent A. Vicites, Dave Lohr) -- which has a mandatory duty to investigate the complaint under 25 P.S. § 2642(i).

 The law is unequivocal:  

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 election board remains in dereliction of its duty under law to investigate the complaint and will remain so until it performs its duty as prescribed by law.


Audio Update:

 By scrolling to the 23:36 mark, You can listen to this writer's call made to WMBS 590AM "Hot Topics" hosts Phil Michael and Kendall Sisler explaining the topic of the Fayette County Election Board's non-investigation of the official election complaint filed Monday, September 10, 2018.
https://soundcloud.com/user-94071533/hot-topics-hour-2-10-16-2018?utm_source=soundcloud&utm_campaign=share&utm_medium=email

Update 1:  Republican complaint filed by PA state Republican Committee Chairman Val DiGiorgio on August 8, 2018 and heard September 10, 2018.  Allegations referred to the Office of Fayette County District Attorney by the Fayette County Voter Registration Commission (Angela M. Zimmerlink, Chair, Attorney Herbert G, Mitchell, Jr., Attorney Mark Rowan).

 Update 2:  Democrat complaint filed by Fayette County Democrat Chairman George Rattay on August 16, 2018 and heard on September 10, 2018.  The attorney for the Democrat Committee and Chairman George Rattay failed to provide any statutory citation -- either under the Voter Registration Act or the Pennsylvania Election Code -- under which the Voter Registration Commission/Election Board would have jurisdiction to investigate the allegations made in the complaint.  The Voter Registration Commission (Angela M. Zimmerlink, Chair; Attorney Herbert G, Mitchell, Jr.; Attorney Mark Rowan) dismissed the complaint due to lack of jurisdiction.

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. 

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!



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.

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? . . . .