From the Citizen's Voice: Luzerne County prosecutors may have to place the murder weapon in the hand of one of two Virginia Beach men they say committed the cold-blooded murder of Bryan Kocis.
Harlow Raymond Cuadra and Joseph Manuel Kerekes are charged with conspiring to kill Kocis — their rival in the gay pornography business — then torching his Dallas Township home to destroy evidence. Kocis’ body was found in January on a couch in his Midland Drive home, but prosecutors have not identified who they believe slashed and stabbed the 44-year-old.
Harlow Raymond Cuadra and Joseph Manuel Kerekes are charged with conspiring to kill Kocis — their rival in the gay pornography business — then torching his Dallas Township home to destroy evidence. Kocis’ body was found in January on a couch in his Midland Drive home, but prosecutors have not identified who they believe slashed and stabbed the 44-year-old.
Luzerne County District Attorney David Lupas’ decision to seek the death penalty against both Cuadra, 26, and Kerekes, 33, could force his office to distinguish who is the killer, Luzerne County Judge Peter Paul Olszewski Jr. hinted during a Friday morning status conference in the case.
Rulings in previous cases suggest prosecutors can seek the death penalty against the principal of a murder, not an accomplice.
Evidence, including wire tapped conversations, suggest both Cuadra and Kerekes may have stabbed Kocis, argued Assistant District Attorney Michael Melnick.
“The only two people who know what happened in that room of that home are Mr. Kerekes and Mr. Cuadra,” Melnick said.
The issue arose after Kerekes’ attorneys Mark Bufalino, Shelley Centini and John Pike filed a motion to compel prosecutors to outline their theory of the crime, specifically if their client is the alleged attacker or accomplice. Lawyers for both sides will have to file additional briefs on the issue, which will be discussed Jan. 30 — the next status conference in the case.
Other issues discussed Friday include:
Olszewski heard arguments about whether the Luzerne County public defender’s office should continue to represent Cuadra. First Assistant Public Defender Al Flora Jr. represented Kocis on a previous matter in 2001 and also represents his family in estate matters. Cuadra’s attorney Bill Ruzzo said Flora’s expected testimony could force him to challenge the credibility of his boss.
The district attorney’s office is asking for conflict counsel to replace the public defenders’ office because a similar issue almost caused a mistrial in the William Rohland death penalty case earlier this year.
Olszewski is concerned new counsel could delay the case further. The judge plans to rule on the issue in the future.
Ruzzo is asking for Cuadra to be transferred from the Lackawanna County prison to Luzerne County Correctional Facility, where Kerekes is being held. Cuadra’s confinement status is making it more difficult to prepare his defense, Ruzzo said.
Olszewski wants the district attorney’s office to explain what legal standing it has to determine where Cuadra should be jailed. Melnick argued Cuadra and Kerekes should be kept at separate facilities in the interest of justice. Olszewski wants both Melnick and Ruzzo to argue their position in briefs.
Due to almost 5,000 pages of discovery information in the case, Olszewski extended the deadline for pre-trial motions in the case until Jan. 31.
The Times Leader reports: Attorneys for homicide suspect Joseph Kerekes might be able to challenge the prosecution’s intention to seek the death penalty for their client.
Kerekes and Harlow Cuadra are facing homicide and other charges in the death of Bryan Kocis in Dallas Township. Prosecutors are seeking the death penalty for both suspects.
But at a pre-trial conference Friday for both men, a Kerekes attorney, Mark Bufalino, said he needs prosecutors to indicate whether they believe Kerekes was the principal killer, accomplice, or co-conspirator.
The issue, Bufalino said, is that he believes prosecutors can only seek the death penalty for a principal killer.
If prosecutors do not believe Kerekes is the principal killer, Bufalino could ask that prosecutors be prohibited from seeking the death penalty for Kerekes.
“We need to know what the Commonwealth is alleging,” Bufalino said.
Luzerne County Assistant District Attorney Mike Melnick said evidence in the case “fully suggests” both suspects could be principals in the case.
Court of Common Pleas Judge Peter Paul Olszewski Jr. told the parties to file legal briefs outlining their arguments.
Then he will decide what should be done after a Jan. 30 hearing.
Cuadra, 26, and Joseph Kerekes, 33, are charged with homicide in the Jan. 24 slaying of Kocis, a gay porn producer. Investigators claim the two Virginia men killed Kocis, their rival in the gay porn industry, inside his home and then set the house on fire.
Kocis, 44, was found dead by firefighters.
The parties went before Olszewski on Friday to address numerous requests already made in the case, including one request by prosecutors to have public defenders removed from defending Cuadra.
Assistant District Attorney Tim Doherty said a conflict of interest exists with public defenders representing Cuadra because the first assistant public defender, Al Flora, previously represented the victim in the case.
That means Flora might be called as a witness at the homicide trial.
Olszewski will issue a ruling on that request.
He will also be issuing rulings on whether prosecutors can amend the wording in criminal conspiracy to commit arson charges filed against the men; whether Cuadra should be moved from the Lackawanna County Prison to the Luzerne County Correctional Facility; and whether Kerekes’ charges should stand.
Bufalino and Kerekes’ other attorneys, Shelley Centini and John Pike, said prosecutors did not present enough evidence at a preliminary hearing to take Kerekes to trial. They want the homicide and other charges dismissed.
The judge on Friday gave the parties additional time to file other pre-trial motions. That must be done by Jan. 31.
