Wednesday, January 9, 2008

A Suit in Wolf's Clothing?

Ever since the Wrongful Death Suit was filed by Michael Kocis/Bryan Kocis' Estate against Harlow Cuadra and Joseph Kerekes on Monday, there seems to be some questions as to the validity of such a suit... namely based on this statute under PA law:

"42 Pa. Cons. Stat. § 9145: Immunity from service of process in certain civil actions.

A person brought into this Commonwealth by or after waiver of extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings, to answer which he is being or has been returned, until he has been convicted in the criminal proceeding or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited

Let us all remember that Harlow and Joe chose to fight extradition, which ultimately required a Governor's Warrant to send them on their merry way to PA... so this statute does not apply since neither waived extradition. Seems pretty cut and dry really... so I'm not sure why it's become so difficult for some to comprehend.

Also notice the words "certain civil actions". If Kocis' estate was not able to file this suit now, one would think Kerekes' attorney John Pike would have said a little more than just "the filing of a civil suit alongside a murder trial is rare". Contrary to some beliefs... these folks aren't amateurs.