JAMESTOWN KENTUCKY:
Battle Royale is to take place at the Russell County Grand Jury on Monday September 28, 2009. Private citizens are allowed to go to the grand juries in Kentucky and testify about criminal actions that have taken place.
James Faller notified Commonwealth Prosecutor Matthew Leveridge that he, Faller was planning to bring undisclosed matters to the Russell County Grand Jury on September 28, 2009. Those matters, which Faller wrote would include some which Leveridge was a witness too. However, according to Leveridge; Leveridge has the right to censor what matters go before the grand jury.
Leveridge in his signed letter states that “I [Leveridge] am required to screen all cases for merit before they can be presented”. However, the US Justice Watch is unaware of any law or statute that mandates that Commonwealth Attorneys must screen cases, or even if the Commonwealth Attorneys are allowed to do so. Leveridge stated to no statute to support his position.
Further, Leveridge also stated in his letter that he had “an affirmative duty to refrain from prosecuting a charge, including Grand Jury presentations, which I [Leveridge] know are not supported by probable cause”. In response, James Faller wrote that in the past that Leveridge knowingly taken baseless cases to the Grand Jury without probable cause. Faller goes on to give two specific examples in his correspondence.
The question the US Justice Watch proffers is this. If a Commonwealth Attorney can refuse to allow cases to go before the Grand Jury; then what can anyone do when the criminal acts are by the Commonwealth Attorney? In short, this leads to the fox guarding the hen house and the farmer [We, the public] without options. The US Justice Watch will report the outcome on Monday.
