Citizen Taxpayer Guide to Navigating PA's Right to Know Law (RTKL)

Citizen Taxpayer Guide to Navigating PA's Right to Know Law (RTKL)

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Sunday, December 17, 2017

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CORRUPTION REMAINS IN THE OFFICE OF ATTORNEY GENERAL ("OAG")

"When Government seeks to use its full power, including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought. This is unlawful. The First Amendment confirms the freedom to think for ourselves." Citizens United v. F.E.C.; 558 U.S. 310 (2010)

Was Grand Jury Supervising Judge Norman Krumenacker III (President Judge of the Cambria Court of Common Pleas) a tool for criminal activity of Kathleen Kane and Stacy Parks Miller?

  • Fake Court Order
  • Forgery of a Judge's signature
  • Perjury before a grand jury
  • Kathleen Kane's "rigging" of a grand jury outcome

From 2012 to 2016 the Attorney General of Pennsylvania was Kathleen Kane; now a convicted felon. In January 2017 Attorney General Josh Shapiro assumed office. Shapiro has steadfastly refused to clean up one of the most appalling aspects of Kane's tumultuous tenure - the "rigging" (Legal Intelligencer source) of a grand jury outcome; re: allegations that Centre County District Attorney Stacy Parks Miller had forged a Judge's signature on a fake Court Order.

Today, DA Parks Miller faces Disciplinary Board charges on unrelated matters. Shapiro knows that grand jury perjury took place in the Parks Miller matter, but he won't respond to a request that it be investigated, as it would likely implicate remaining staff in the OAG who executed Kane's instruction to rig the grand jury outcome.

The 3-2-15 Superior Court Order, the prodding of Judge Kistler, & the 12-22-15 Krumenacker Seal Order

With the allegations of forgery squarely before an OAG-led grand jury investigation, in March 2015 the Superior Court of Pennsylvania accepted a request from Grand Jury Supervising Judge Krumenacker (also the president Judge of Cambria Co. Courthouse) to have the entirely of the Albro case matter transferred from the Centre County Courthouse to the Cambria County Courthouse; and it issued this Court Order. The Superior Court's Order required Krumenacker to return the case file back to Centre County once the grand jury matter had concluded. The Superior Court's docketing shows that the Albro case file (including the contentious 9-9-13 bail order) was picked up by the Sheriff's dept. on 3-16-15 to be transferred to the Cambria County Courthouse under the supervision of Judge Krumenacker.

Nearly five (5) months after the Kathleen Kane-rigged grand jury resulted in this Kathleen Kane report masquerading as a grand jury report, Krumenacker still hadn't returned the Albro case file back to the Centre County Courthouse as the Superior Court Order of 3-2-15 required him to do. So the president Judge of the Centre County Courthouse (Tom Kistler) sent Krumenacker a friendly reminder on 12-17-15. Only after he got this reminder fdid Judge Krumenacker send the case file back. Only he sent it back with a fresh seal order (12-22-15) basically telling the Centre County Courthouse that it's own case file was to remain secret even though, by returning the case file, Krumenacker was admitting (per the Superior Court's Order) that the grand jury proceeding was over.

Why is this important?

Three reasons:

  • It establishes a time-line. We know for a fact the the original of the 9-9-13 fake bail order was physically located at the Cambria County Courthouse between the date of 3-16-15 (when the Sheriff picked the case file up) and the time the Centre County Courthouse got the case file sent back (sometime after 12-17-15's friendly reminder letter from Judge Kistler). Any handwriting expert who wanted to inspect the original of the bail order between 3-16-15 and 7-31-15 would have needed to visit the Cambria County Courthouse.
  • When the Centre County Courthouse got the Albro case file back and saw Krumenacker's 12-22-15 Seal Order someone in the Courthouse made the decision that it could not made "forward looking". That is why I was able to obtain these records off the court's access system.
  • It allows us to question the decision-making of Krumenacker. How does it make sense to decide that originals of the Albro case records, readily available to the public prior to the forgery allegations, now had to be sealed ...especially when the grand jury matter was over?

Reasons to believe the grand jury outcome was 'rigged' by Kathleen Kane

  1. Michelle Shutt's affidavit. Ms. Shutt would have risked going to jail if she lied before a grand jury. It is impossible to believe she would have that risked such a thing. She had no reason to lie.
  2. Michelle Shutt has never been prosecuted for perjury as a result of Parks Miller's purported grand jury 'exoneration'. See this letter requesting investigation.
  3. The Legal Intelligencer's source.
  4. The two hand-writing experts mentioned in the Kathleen Kane report (7-31-15) were not independent of each other. Khody Detwiler and Gus Lesnevich are partners in the same firm.
  5. The search warrant reveals that the Bellefonte police were investigating Parks Miller under suspicion of violating 18 Pa.C.S. §4911 ("Tampering with Public Records or Information"). Yet when the matter was presented for the grand jury it was presented by the OAG under 18 Pa.C.S. §4104 ("Tampering with records or identification") i.e. an entirely different legal standard. Tampering with public records in official matters is a more serious crime than tampering with private records. It’s a second-degree misdemeanor if committed without intent to defraud or injure, and a third degree felony if intent to defraud or injure is proven. The fact that a fake court order was timestamped into the public record of the Centre County courthouse is a crime in and of itself. By switching statutes OAG 'led' the grand jury and put the fix in.
  6. Following an interview with the grand jury supervising Judge the Tribune-Democrat newspaper, on July  15, 2017, reported that the Parks Miller grand jury investigation "was a rare situation in which the grand jury rejected issuing a report or presentment after determining that criminal charges were not justified."
  7. Kane has no credibility. She is a convicted felon. Similarly Parks Miller has no credibility..

MOST IMPORTANTLY OF ALL ...

  1. The Kathleen Kane report of 7-31-15, upon reasoned assessment (stay tuned as more information is coming), is a FAKE GRAND JURY REPORT. It is an Office of Attorney General ("OAG") report not a grand jury report. The legal requirements for a report to be accepted as an official public record grand jury report are as follows:
  • "[A]n affirmative majority vote of the full investigating grand jury" approves a report for the Supervising Judge to consider. 42 Pa. C.S. § 4552(a).
  • The Supervising Judge examines the (affirmatively approved by majority grand jury vote) report received under § 4552(a), then issues "an order accepting and filing such report as a public record with the court of common pleas ...if the report is based upon facts received in the course of an investigation authorized by this subchapter and is supported by the preponderance of the evidence." 42 Pa. C.S. § 4552(b).

It is believed there is no "order" of the Supervising Judge referenced in § 4552(b) relating to the OAG report. Therefore, what is posted on the OAG's website is an act of public deception. It falsely conveys the impression of being an accepted grand jury report (see first sentence "We, the members of the Thirty-Seventh Statewide Investigating Investigating Grand Jury). This "OAG report" was not accepted as an official public record under § 4552(b) therefore its publication by OAG - masquerading as a grand jury report - is a criminal act. 18 Pa.C.S. §4104 ("A person commits a misdemeanor ... if, knowing that he has no privilege to do so ...he falsifies .. any writing or record ...with intent to deceive or injure anyone or to conceal any wrongdoing").

There can only be two possible explanations for why there is no official grand jury report. Either no "affirmative majority vote of the full investigating grand jury" took place per § 4552(a); or an affirmative majority vote took place in § 4552(a) but the Supervising Judge did not accept that the report was "supported by the preponderance of the evidence" per § 4552(b).

This July 15, 2017 newspaper story about Judge Krumenacker suggests that the first explanation is true i.e no affirmative majority vote of the full investigating grand jury took place. See, re: Parks Miller investigation, "This was a rare situation in which the grand jury rejected issuing a report or presentment after determining that criminal charges were not justified."

The newspaper story conveys the message that Judge Kremenacker knew no affirmative majority vote of the grand jury took place under § 4552(a). This being the case, we simply never get to Judge Krumenacker's authority in § 4552(b). That is because § 4552(b) only permits Judge Krumenacker to consider accepting a report that was first approved under § 4552(a). The law does not allow Judge Krumenacker to consider accepting any other report. In other words, what we see posted on the OAG's website was not accepted as the official grand jury report.

Think of it this way - an analogy

Imagine you go to a Courtroom and you watch a public trial. You would normally expect to see a court stenographer transcribing the official record of the proceedings. Only today that person is strangely missing. Instead, sitting next to you, is a shady looking character taking notes on pieces of paper. Two weeks later this shady looking character publishes his notes on a government website. His notes don't get published on the Court's website because the Court will only post the work of a Stenographer. But the shady character has gotten his notes published on a law enforcement officer's official site which gives his notes the impression of authenticity. The shady character picks his words really carefully when getting his notes published. He doesn't say "the grand jury report" he instead refers to the "the grand jury in a report ..." See the subtle difference? It is the perfect scam. Everyone believes that the shady character's notes are the official report of the proceedings. Welcome to the evil, corrupt, world of Kathleen Kane, her lieutenants who carried out her orders to rig the grand jury outcome, and the ongoing corruption of current Attorney General Joshua Shapiro in covering it up.

Released by OAG under the Right to Know law (RTKL), the billing records of the two hand-writing 'experts' in Gus Lesnevich Inc. reveal additional skullduggery - Lesnevich never visited Krumenacker's Courthouse to review the contentious fake Court Order

October 2015 RTKL request:

[The Open Records Officer at the time was Robert Mulle and this response was issued while Kathleen Kate was still Attorney General]

In response to this request OAG released this agreement with Gus Lesnevich, Inc. revealing that it had been retained as a single vendor on a no-bid contract. Also this purchase order was released. OAG further released these e-mails from Khody Detwiler and an invoice dated 5-5-15 (Invoice 2015-005) showing Khody Detwiler traveled to Judge Krumenacker's Cambria Courthouse on April 11, 2015 and billed five hours of time that day "for the purpose of examining the orginal questioned document" (the 9-9-13 fake bail order in the Albro matter). No record was released showing that Gus Lesnevich had similarly traveled to Cambria Courthouse to inspect the bail order.

Reminder: the grand jury report on page 8 stated:

"After Mr. Detwiler reached his conclusion, the case was submitted for peer-review by another examiner. This peer-review was conducted by Gus Lesnevich. This was an independent examination [bollocks! Lesnevich was/is Detwiler's business partner] and the examiner did not know the conclusion reached by Mr. Detwiler at the time of his independent review. In Gus Lesnevich review, he reached the same opinion ..."

The key word to focus on is "after". We know that Detwiler traveled to Judge Krumenacker's Courthouse on April 11, 2015 so it stands to reason that for Lesnevich to have looked at the original of the bail order to examine the signature there should be a record of him traveling there after April 11, 2015.

February 2017 RTKL request:

[The Open Records Officer was Sharon Rogers and this response was issued with Josh Shapiro as Attorney General]

Wanting to dig further into the Gus Lesnevich Inc. invoices I made another request for them. OAG's Open Records Officer Sharon Rogers flipped flopped from the OAG's 2015 position. On March 20, 2017, Rogers refused to release any Gus Lesnevich Inc. invoices, alleging grand jury secrecy.

June 2017 RTKL request: (the Sharon Rogers "flip flop")

[The Open Records Officer was Sharon Rogers and this response was issued with Josh Shapiro as Attorney General]

Tired of the bullshit from OAG (deciding that Invoice 2015-005 was releasable in 2015 then non-releasable in February 2017), I hit OAG up with this fresh RTKL request that attached OAG's own 2015 answer to it. I was looking for any additional invoices showing that Lesnevich also traveled to the Cambria County Courthouse to inspect the fake court order. So I made this third request. I asked for all Gus Lesnevich Inc. invoices from that time period.  In a flop flop decision the request was granted by Rogers as to the invoices (albeit with redactions). I got a total of two invoices relating to the Parks Miller investigation (i.e. one more than I got in 2015), and these invoices relating to other cases (I guess Kathleen Kane was giving Gus Lesnevich Inc. a decent amount of business).

Realize that there are only two invoices from Gus Lesnevich Inc. from this time period as referenced in Detwiler's emails:

*** Neither Invoice 2015-005 nor Invoice 2015-005a show Gus Lenevich traveling to Krumenacker's Courthouse to inspect the original of the fake bail order! ***

A grand jury was convened and was told that two experts had examined the signature. Not only were they not independent, one of them never even inspected the original of it! The bail Order was at Krumenacker's Courthouse. The invoices show that Detwiler went there. There is no record of Lesnevich going there!  OAG, to this day, are trying to cover up this rigged grand jury outcome with their lying, flip-flopping, RTKL responses.  It was Kane's lieutenants who carried out the scam. The invoices reveal that Simquita Bridges was Detwiler's contact. Released e-mails reveal that Detweiler was in touch with Laura Ditka when asking for money.

Simquita Bridges and Laura Ditka have had their names released on the released RTKL records. Were one or both of these two deputies the people who carried out Kane's desire to fix the outcome? Instead of dealing with this, instead of offering Kane's deputies immunity in exchange for testimony, Shapiro wants to bury it. He refuses to investigate known grand jury perjury (letter to Michelle Henry; January 2017).