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Home My WebLink About07-7731JOHN W. KICHMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DISTRICT ATTORNEY JOHN DAILEY, : CIVIL ACTION - LAW Defendant 67 - C ivi I lerm PETITION FOR TRANSCRIPTS Plaintiff, John W. Kichman, sets forth the following. 1. 1 am requesting copies of the transcripts from the Grand Jury Hearing that transpired in Judge Bayley's office on November 28, 2007 at 8:30am regarding the criminal proceedings against Troy Myers. 2. The transcript copies will show that my Fifth Amendments Rights were upheld by Judge Bayley. 3. The transcript copies will provide background information for the events that transpired after the Hearing. WHEREFORE, Plaintiff requests your Honorable Court to grant one copies of the above referenced transcripts. Date:. 7 O. JOHN W. KICHMAN Plaintiff --1 VERIFICATION I verify that the statements made m this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: ?" JOHN KICHMAN L_ A? b N Q 0 0 X 9 N, V 1 E 1 K 7- 0 M ?' . ?U • .',, JOHN W. KICHMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DISTRICT ATTORNEY JOHN DAILEY, DEFENDANT 07-7731 CIVIL TERM ORDER OF COURT AND NOW, this 1% day of December, 2007, a Rule is entered against the District Attorney of Cumberland County to show cause why the within request for a transcript should not be granted. Rule returnable fifteen (15) days from this date. John W. Kichman, Pro se m u.,-? c4lg7 District Attorney of Cumberland County _P,,1-,,,.., nn. p. :sal v cagar ts. tsayiey, j. y ch CV') ce) n CLI O- p ? U cv JOHN W. KICHMAN, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DISTRICT ATTORNEY JOHN DAILEY,: DEFENDANT : 07-7731 CIVIL TERM COMMONWEALTH'S ANSWER TO THE PETITION FOR TRANSCRIPTS AND NOW, comes the Commonwealth of Pennsylvania who respectfully requests an Order of this Honorable Court denying this pro se motion for Grand Jury transcripts by averring the following: 1. The secrecy of the investigating grand jury is preserved under Pennsylvania's Investigating Grand Jury Act, 42 Pa.C.S.A. §§4541 to 4553. The requirement for secrecy under the statute is well established. See In Re: Investigating Grand Jury of Philadelphia County, Appeal of Philadelphia Rust Proof Company, Inc., 496 Pa. 452, 457-58, 437 A.2d 1128, 1130 (1981); United States v. Rose, 215 F.2d 617, 628 3rd Circuit (1954). 2. Disclosure of grand jury information is limited to prescribe circumstances. For example, information about matters occurring before the investigating grand jury, except for deliberations, may be disclosed to the attorneys for the Commonwealth in the use of their performance of their duties. 42 Pa.C.S.A. 4549(b). The Commonwealth is permitted to receive one copy of a certified transcript of all grand jury proceedings in connection with the Commonwealth's official duties. Pennsylvania Rules of Criminal Procedure 263(a). The Supervising Judge may disclose information arising from the grand jury to any public law enforcement or investigating agency to assist investigating the crimes within its jurisdiction. 42 Pa.C.S.A. §4549(b). An investigating grand jury is not permitted to engage in non-criminal investigations and therefore criminal matters arising and being investigated by the grand jury, the investigating grand jury may not be disclosed pursuant to civil law requests. See Smith v. Gallagher, 408 Pa. 551, 185 A.2d 135 (1962); Philadelphia County Grand Jury Investigation case, 347 Pa. 316, 32 A.2d 199 (1943). Additionally, the attorney for the Commonwealth may allow persons acting as his agent for the exclusive progress of assisting in grand jury investigation to learn about grand jury evidence. In Re: Investigating Grand Jury of Philadelphia County, Appeal of Philadelphia Rust Proof Company, Inc., 496 Pa. 452, 461-62, 437 A.2d 1128, 1132-33 (1981). There are three circumstances under which the disclosure of grand jury testimony may be made to a defendant in a criminal case. First, when the defendant who previously testified before the investigating grand jury concerning the subject of the charges against him, petitions for disclosure of the transcript of his testimony the supervising judge may order disclosure of a copy of that transcript. Second, a defendant who may also petition for disclosure of grand jury testimony of a witness who appears at his trial. A criminal defendant is entitled to disclosure of any testimony given before an investigating grand jury that is exculpatory to him. Pennsylvania rules of Criminal Procedure 263 (b) (1) , (2 (, (3) . 3. The underlying attorney for the Commonwealth can neither confirm nor deny the submission of an investigation before the investigating grand jury as it would be a violation of the Pennsylvania Investigating Grand Jury Act. 4. In the "Petition for Transcripts" the petitioner does not allege any facts that would entitle this individual to the relief sought. Specifically, he has not alleged that he is a criminal defendant, a target of an investigation, or that he is entitled to disclosure pursuant to the Pennsylvania Investigating Grand Jury Act. The petition itself is just a general request for transcripts out of personal curiosity. WHEREFORE, the Commonwealth respectfully requests an order of this Honorable Court denying relief. ctfully submitted, aime Keating rst ssistant District Attorney 77" JOHN W. KICHMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-7731 CIVIL TERM DISTRICT ATTORNEY DAILEY, : CIVIL ACTION - LAW Defendant PETITION FOR TRANSCRIPTS Plaintiff, John W. Kichman, sets forth the following. 1. I am requesting copies of the transcripts from the hearing prior to the cancelled Grand Jury Hearing on November 28, 2007 at 8:30am. The purpose of the hearing was to swear me in for testimony at said Grand Jury Hearing. 2. The transcript copies will show that I am not a target of this investigation or a suspect in any way that is known by District Attorney Dailey. 3. The transcripts of this Pre-Hearing conference will not disclose any pertinent information regarding the investigation of the murder of Jason Collins. 4. The transcript copies will also show that I was released from the Grand Jury Hearing as a witness unless I was granted blanket immunity. 5. The transcripts will be a vital part of the investigation of the illegal detention and false imprisonment committed by District Attorney Dailey against me. 6. The misuse of the District Attorney's Office, to include District Attorney Freed, District Attorney Dailey and District Attorney Keating, has used the office for Official Oppression against me. § 5301. Official oppression. A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity cogimits a misdemeanor of the second degree if, knowing that his conduct is illegal, he: 1. subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or 2. denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity. 7. Due there being three (3) conspirators hiding the facts in this case/withholding evidence, there is a clear conspiracy (Exhibit A). District Attorney Freed is well aware of the illegal detention and false arrest committed by District Attom Dailey that transpired after this hearing. No action was taken by District Attorney Freed, therefore, he is a conspirator in the crime. § 183337. Conspiracy to commit violations (a) If two or more persons shall combine and confederate together in any manner, regardless of where the said persons may be located, for the purpose of violating any of the provisions of this subpart and shall commit some act in f irtheran of the said purpose and plan, it shall constitute a conspiracy and therefore a viol 'on 8. District Attorney Keating is well aware of the illegal detention and false arrest committed by District Attorney Dailey, therefore, his answer to my petition dated January 15, 2008 falls under the following three statutes: § 249.54. Fraud and adjustment of errors. (a) Any person knowingly making any false statements falsifying or permitting to be falsified any record of this System with intent to defraud it, shall, u conviction, be guilty of a misdemeanor of the second degree punishable by law. § 4910. Tampering with or fabricating physical evidence. A person commits a misdemeanor of the second degree if, believing at an official proceeding or investigation is pending or about to be instituted, he: I . alters, destroys, conceals or removes any record, document or thing with intent to impair its verity or availability in such proceeding or investigation; or 2. makes, presents or uses any record, document or thing knowing it to be false and with intent to mislead a public servant who is or may be engaged in such proceeding or investigation. 4904. Unworn falsification to authorities. (a) In general.--A person commits a misdemeanor of the second degree if, with intent to mislead a public servant in performing his official function, he: I . makes any written false statement which he does not believe to be true; 2. submits or invites reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity; or 3. submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he knows to be false. (b) Statements "under penalty"-A person commits a misdemeanor of the third degree if he makes a written false statement which he does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable. (c) Perjury provisions applicable.- Section 4902(c) through (fl of this title (relating to perjury) applies to this section. 9. These transcripts are going to be used as part of indictments against the District Attorney's Office. 10. The transcripts will be used in legal actions taken against the District Attorney's Office for monetary damages relating to the Illegal Detention and False Arrest. WHEREFORE, Plaintiff requests your Honorable Court to grant one i(1) copy of the above referenced transcripts. Date: JOHN K11 CHMAN Plaintiff VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: JOHN CHMAN ?,I ?" ; -r s 2 JOHN W. KICHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DISTRICT ATTORNEY JOHN DAILEY 07-7731 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2008, the petition for grand jury transcripts, IS DENIED WITHOUT HEARING.' By the Coulf, lii? I % - At Edgar B. Bayley, Supervising J dge Cumberland County Investigating Grand Jury John W. Kichman, Pro se ?John Dailey, Esquire Assistant District Attorney :sal (20P t'Fs m yr 6L ' Pursuant to Pa.R.Crim.P. 229, this judge controls the original and all copies of transcripts and shall maintain their secrecy. The disclosure of transcripts is covered by Rule 230. John W. Kichman is neither an attorney for the Commonwealth, an investigative agency, nor has he alleged he is a defendant in a criminal case. He is not entitled to grand jury transcripts on this "petition for transcripts" filed on the civil docket. 4A1.1, om cr t - ??r-t om r r" cr? N 0