Tuesday, March 4, 2008

Prosecution's Statement of Facts

The following is the Statement of Facts, filed by the Prosecution in their brief in support of motion to disqualify attorney Demetrius Fannick from representing Harlow Cuadra. Personally I find paragraph(s) 2 & 3 to be quite interesting:

On November 28, 2007, Attorney Demetrius Fannick issued a press release stating he been contacted by Defendant Joseph Kerekes about representing him in the upcoming homicide trial involving the death of Brian Kocis. Attorney Fannick stated, “I would certainly like to get involved in Mr. Kerekes’ case. I believe it is very defendable. But I can’t do anything until I am retained.” See James Conmy, Accused Kocis Killer Hire Fannick as Legal Counsel, Citizen’s Voice, Nov. 28, 2007, attached to the Commonwealth's corresponding motion as Exhibit “1” He went on to say, “There are certain limitations on my conversations with him. I do not want to overstep my bounds. I don't want to in any way interfere with Mr. Kerekes’ representation unless I am retained.”

Attorney Fannick met with Joseph Kerekes at the Luzerne County Correctional Facility eight (8) times. Those dates are as follows: 10/26/07, 10/30/07, 11/06/07, 11/07/07, 12/06/07, 12/07/07, 12/14/07, and 1/11/08.

Attorneys Mark Bufalino, John Pike and Shelly Centini, Mr. Kerekes’ court appointed conflict counsel were led to believe that Attorney Fannick’s unannounced meeting(s) with Joseph Kerekes were for the purpose of representing Mr. Kerekes. While they were disconcerted at permitting their client Mr. Kerekes speaking with anyone about the case, they were led to believe that Attorney Fannick was about to enter his appearance on behalf of Mr. Kerekes, therefore, they permitted contact between Attorney Fannick and their client, Joseph Kerekes.

Joseph Kerekes faces the death penalty in this case. Also, Joseph Kerekes has filed an alibi notice. Joseph Kerekes is charged with Criminal conspiracy with Harlow Cuadra. Joseph Kerekes has requested severance of the two cases.

In April 2007, conversations of Harlow Cuadra and Joseph Kerekes were intercepted on a nudist beach in California. Harlow Cuadra stated in Mr. Kerekes presence, “We did some recon work and the door does not have a peep hole on it. It has two square blocks of windows way on the top and Brian is not tall enough to see through that. It was quick, he never saw it coming.” Black’s (nudist) Beach at pg 36. Harlow Cuadra continued, “At one point I thought he knew who the fuck I was. Then that’s when my dude came around. It was crazy.” Id. at pg. 48-49. Kerekes stated, “I think he [ may have slipped something in there but he only took a sip” to which Harlow Cuadra stated, “No. No. I only have a sip or two while I keep pouring it and pouring it for him, so by the time the doorbell rang and he got up, he was kind of stumbling and that was it.”

On January 29, 2008, Attorney Fannick entered his appearance for Harlow Cuadra, the co-defendant and charged co-conspirator. Attorney Fannick met with Harlow Cuadra two (2) times. In another press statement on January 29, 2008, Attorney Fannick stated that, “I’m on board and it is my understanding this will be a trial. I don’t see any other way it is going to be resolved unless the DA’s office drops the charges. My client maintains his innocence.” Referencing Joseph Kerekes, the Citizens Voice article continued: “Fannick insisted Kerekes did not retain him and those conversations have no impact on him now representing Cuadra.” Fannick was quoted as saying, “If there is any appearance of any type of conflict, it will be waived by Kerekes.” See James Conmy, Accused Kocis Killer Cuadra Hires Defense Attorney Fannick, Citizen’s Voice, Jan. 29, 2008.