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closeAG Corbett's letter to Montour DA
July 2, 2008
The Honorable Robert W. Buehner, Jr.
District Attorney of Montour County
Montour County Courthouse
29 Mill Street
Danville, PA 17821
Dear District Attorney Buehner:
I write to you today to respond to the allegations that you have raised against the Office of Attorney General during your various news appearances with respect to the disappearance of District Attorney Ray Gricar.
As an elected District Attorney you should be aware that the authority of my office is clearly set forth in the Commonwealth Attorneys Act, 71 P.S. §732-101 et seq. Within this Act, §732-205 provides the circumstances under which I can prosecute violations of criminal law.
There are two sections which pertain to the matter at hand: First, §732-205(3) states that I may conduct a prosecution upon the request of a district attorney who lacks the resources to conduct an adequate criminal investigation or prosecution, or upon the request of a district attorney who represents that there is potential for an actual or apparent conflict of interest on the part of the district attorney or his office. As you are aware, District Attorney Madeira, his predecessor, Acting District Attorney Smith and District Attorney Johnson have not submitted a request pursuant to this section. Further, there are no indications that there is legal basis to do so.
Under §732-205(4), the Attorney General may petition the court having jurisdiction over any criminal proceeding to permit the Attorney General to supersede the district attorney in order to prosecute a criminal action or to institute criminal proceedings. It is important to note that such supersession may only be ordered if the Attorney General establishes by a preponderance of the evidence that the district attorney failed or refused to prosecute and such failure or refusal constitutes an abuse of discretion. If you are suggesting that I file such a petition, you are in fact alleging that District Attorney Madeira, Acting District Attorney Smith or District Attorney Johnson abused their discretion by consciously choosing not to investigate the disappearance of Ray Gricar. Clearly, this is not the case.
Since the time of District Attorney Gricar’s disappearance, District Attorney Madeira, Acting District Attorney Smith, and District Attorney Johnson vigorously pursued the matter working in cooperation with the Bellefonte Police. the Pennsylvania State Police and the Federal Bureau of Investigation. Furthermore, as you know I immediately offered the services of this office and our airplane to aid in the search for Ray Gricar. Our continuing offer of assistance is well known to District Attorney Madeira and District Attorney Johnson.
Throughout my tenure as Attorney General, I have always sought to respect the primary jurisdiction of the District Attorneys by assisting and complementing their efforts. What you have suggested is that I go beyond such assistance and assume the control of an investigation in express violation of the Commonwealth Attorneys Act. It is disheartening that you chose to convey your thoughts through a public venue instead oftaking a moment to call me or meet with me regarding this most serious matter.
Should you wish to genuinely discuss the substance of this matter, I would be more than happy to speak with you directly.
Sincerely.
Tom Corbett
Attorney General
cc: Honorable Gary F. Dobias, President, Pennsylvania District Attorneys Association
Honorable Bradley H. Foulk, District Attorney, Erie County
Honorable Michael T. Madeira, District Attorney, Centre County
Honorable D. Peter Johnson, District Attorney, Union County
