Hearing continued for former Franklin officials accused of destroying a hard drive
Two former Franklin Township officials indicted by a grand jury for allegedly failing to produce computer equipment belonging to the municipality had their preliminary hearing continued on Tuesday, marking the seventh continuance or delay in the case so far.
Senior Fayette County Magisterial District Judge Jesse Cramer granted the delay to give the attorneys representing George and Cheryl Bozek, of Smock, and District Attorney Jack R. Heneks Jr. time to seek clarification from Judge Steve P. Leskinen regarding what grand jury testimony may be disclosed in a public hearing.
According to Heneks, Leskinen, who oversaw the grand jury proceedings, ordered the prosecution to produce grand jury testimony transcripts to the defense, but the jurist did not specify whether the same secret testimony could be shared any further.
Heneks explained to Cramer that the prosecution intended to provide the grand jury testimony from the Bozeks at the preliminary hearing and no other evidence.
Attorneys Jeffrey Proden and Daniel Taylor, who represent George and Cheryl Bozek respectively, each objected to the delay.
Proden said his understanding was the Leskinen ordered the transcripts to be provided, but not disclosed to the public.
He held up a copy of the transcript, about an inch thick, and said that was the amount of material the prosecution wants to read into the record at the preliminary hearing. “I don’t want even one page read,” said Proden.
Taylor indicated it would be unfair to present the testimony the defendants gave at the grand jury at their own preliminary hearing, because grand jury proceedings are “one-sided”, with no attorney representing the subjects of the investigation.
Heneks argued the Bozeks were made aware of their right not to testify before that grand jury, and that they knew what they said could be used against them.
The preliminary hearing will be rescheduled after the two sides hear from Leskinen regarding the secret grand jury testimony that may be disclosed in public.
The Bozeks were indicted in December. Grand jurors found that Cheryl Bozek, who served as the township’s office manager and treasurer for 25 years, took a hard drive from the township’s computer, which contained financial and other information. Her actions, they found, disrupted the municipality’s ability to properly function.
The grand jury found former township supervisor George Bozek failed to offer an explanation to the other supervisors concerning the hard drive, although he had conspired with his wife to destroy the equipment.
While the grand jury recommended that George Bozek face only a charge of conspiracy to obstruct justice, court documents show that he was also charged with unlawful use of a computer.
Cheryl Bozek faces those two charges along with counts of theft by unlawful taking, theft by deception and obstruction of justice. Both remain free on $10,000 unsecured bond.