Wednesday, April 30, 2008

PPO Says No

Judge Peter Paul Olszewski has denied Harlow Cuadra's request to permit an immediate interlocutory appeal... regarding the judge's removal of Cuadra's previous attorney Demetrius Fannick...

(Update 4:19 PM): The Times Leader is reporting that Harlow Cuadra’s trial on homicide charges apparently won’t be delayed because of an appeal.

Cuadra is appealing a ruling that disqualified attorney Demetrius Fannick from defending him.

Pre-trial appeals often delay the start of trial until the appeal is resolved. But a judge has to issue an order allowing that to happen.

Cuadra’s attorneys asked Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. to allow that to happen with his Fannick ruling.

But at a brief hearing on the issue Wednesday, Olszewski refused.

That means Cuadra and Joseph Kerekes are still slated to stand trial in September in the slaying of Bryan Kocis – unless the state Superior Court says otherwise.

Olszewski said Cuadra’s attorneys could ask the Superior Court to review the appeal prior to trial.

If the Superior Court decides to, the court would likely issue a stay of Cuadra’s trial.