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In re Dauphin County Fourth Investigating Grand Jury

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT


February 24, 2009

IN RE: DAUPHIN COUNTY FOURTH INVESTIGATING GRAND JURY
PETITION OF: LOUIS A. DENAPLES AND MOUNT AIRY #1, LLC

Per curiam.

Application for Release of Transcripts of the Evidentiary Hearing on Violations of Grand Jury's Secrecy Held Pursuant to This Court's Order of May 2, 2008 Application for Review Pursuant to 42 Pa.C.S. § 722(5) and Pa.R.A.P. 3331(a) of Order Denying Motion for Return of Seized Property.

ORDER

AND NOW, this 24th day of February, 2009, it is hereby ordered as follows:

(1) the matter is remanded to the President Judge of the Dauphin County Court of Common Pleas with direction to appoint a special prosecutor to conduct further inquiry into the allegations of violations of the secrecy provisions of the Investigating Grand Jury Act, 42 Pa.C.S. § 4541 et seq., and to oversee such inquiry; and

(2) the documents obtained by Petitioners' counsel following the issuance of the subpoena attached as Exhibit B to Petitioners' Application for Review Pursuant to 42 Pa.C.S. § 722(5) and Pa.R.A.P. 3331(a) of Order Denying Motion for Return of Seized Property shall be returned to Petitioners' counsel, but only after the President Judge of Dauphin County considers and determines any claims of privileged information by the District Attorney's Office and law enforcement personnel; and

(3) the Application for Release of Transcripts of the Evidentiary Hearing held on June 30, 2008 and July 1, 2008 is granted; and

(4) Petitioners' counsel is to be provided with a copy of the August 4, 2008 Report and Recommendations Of Supervising Judge of Fourth Investigating Grand Jury; and

Furthermore, in accordance with this Court's May 2, 2008 Order, which, inter alia, granted Petitioners' request for the exercise of plenary jurisdiction pursuant to 42 Pa.C.S. § 726 "limited to the question of alleged violations of grand jury secrecy," and which denied Petitioners' request for a stay of the criminal proceedings pending before the Dauphin County Common Pleas Court, it is further ordered as follows:

This Court shall continue to retain jurisdiction for the sole purpose of completing the inquiry into the question of alleged violations of grand jury secrecy. The retention of jurisdiction for this limited purpose shall not be construed as a stay by this Court of any criminal prosecution.

20090224

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