The report will remain secret to allow individuals who are criticized but were not indicted to respond to the criticism, according to the judge’s order.

Written responses must be made to District Attorney Donald Totaro, who will relay them to the judge.

The effect of Farina’s order is to maintain the secrecy of the grand jury’s findings until at least Jan. 8.

The grand jury delivered its report to the judge last Thursday, shortly after the county’s three commissioners pleaded guilty to violating the state’s Sunshine Act by holding secret meetings preparatory to selling Conestoga View. The report had been expected to be released this week.

In his order this morning, Farina said the report is critical of “certain individuals for acts for which the individual was ‘not indicted... for a criminal offense.’ ’’

He argued that those targeted by the report be permitted to respond because of their “constitutional protections of due process’’ and because the Investigating Grand Jury Act authorizes responses in writing before a report is released.

Totaro said he has no comment on this development.

The commissioners were meeting in executive and work sessions this morning. Commissioner Molly Henderson broke from the meetings to say she was unaware of the judge’s order.

William H. Lamb, a West Chester attorney and former Pennsylvania Supreme Court justice who represents Commissioner Dick Shellenberger, said he would have to discuss the matter with his client.

“But I don’t know what’s proved by releasing the report,’’ he said.

Lamb sent out a press release following the guilty pleadings last Thursday. He downplayed the offenses, noting that he was “surprised that the district attorney would engage in such a lengthy and extensive investigation to address a summary offense.’’

He further emphasized that comment this morning, noting that the 13-month grand jury process has cost “tens of thousands of dollars’’ and resulted in “parking tickets.’’

“To quote Peggy Lee,’’ he said, ‘Is that all there is?’ ’’

The report would have been the second legal shoe dropped by a 23-member investigating grand jury that has been hearing evidence in the case since November 2005.

The District Attorney’s office dropped the first shoe when it cited the three commissioners for violating the state’s Sunshine Act, as documented in grand jury testimony.

The investigation has covered two subjects: the controversial sale of the county-owned Conestoga View to a private operator in September 2005 and the flawed hiring process of former human services director Gary Heinke in 2004.

Shellenberger and Commissioner Pete Shaub pleaded guilty to two counts each of violating the Sunshine Act by holding secret meetings preparatory to selling Conestoga View. Henderson pleaded guilty to one violation.

All paid fines of $100 for each count, plus court costs.

The guilty pleadings and final report come as the grand jury winds down its activities.

The jury was impaneled for 18 months in February 2005. Its work was extended by six months to February 2007 — but two years is the limit for such a jury.

Totaro said at the outset that the grand jury’s purpose was to compel witnesses to testify about criminal activity in Lancaster County.

Jury members have considered several cases besides this one. All proceedings are secret.

In this case, Totaro issued subpoenas to scores of witnesses, inside and outside the courthouse, summoning them to appear before the grand jury. The commissioners and some other witnesses testified twice.

Typically, when grand juries conclude their work, they recommend whether there is probable cause to charge someone with a crime. At least 12 of 23 jurors must agree.

If prosecutors feel there is sufficient information to stand up in criminal court, suspects can be charged and brought to trial.

Then a second, 12-member petit jury would determine guilt or innocence.

In this case, Totaro believed he had sufficient evidence to charge the three commissioners with the crime of breaking the Sunshine Act.

But the case never went to a second jury because the commissioners pleaded guilty to the charges.

Although the investigating grand jury found nothing else that rose to the level of criminal activity, it decided to issue the critical report that Farina has sealed.

CONTACT US: jbrubaker@LNPnews.com or 291-8781.

To see a copy of the judges' order, visit this link: http://specialsections.lanc...