DEFENDANT’S OMNIBUS PRE-TRIAL MOTION
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Harlow Cuadra, by and through his counsel, Paul A. Galante, Esquire, Michael Senape, Esquire and Steven Menn, Esquire, hereby files the Defendant’s Omnibus Pre-Trial Motion and avers more particularly as follows:
1. On May 15, 2007, The Defendant, Harlow Cuadra, was arrested along with Co-Defendant, Joseph Kerekes, and charged with one (1) count of Criminal Homicide (18 Pa.C.S.A.§2501(a)), Arson (18 Pa.C.S.A. §3301(a)(1)(I),(ii)), Robbery (18Pa.C.S.A. §2701(a)(1)I)),Theft By Unlawful Taking (18 Pa.C.S.A. §3921(a)); Tampering With Physical Evidence (18Pa.C.S.A. §4910(1)); Abuse of Corpse (18 Pa.C.S.A. §55 10) and four (4) counts of Criminal Conspiracy (18 Pa.C.S.A. §903(a)(1)) in connection with the death of Bryan Charles Kocis.
2. Cuadra is presently incarcerated at the Lackawanna County Correctional Facility without bail.
3. To date, the Commonwealth has not properly responded to Cuadra’s Bill of Particulars and has not fully responded to the Defendant’s discovery requests or otherwise fully complied with its discovery obligations under the Pennsylvania Rules of Criminal Procedure. Defendant reserves the right to supplement this Motion as said discovery becomes available to Cuadra.
I. Request for Individual Voir Dire
II. Motion for Change of Venue/Venire
III. Motion in Limine-Photographs
IV. Motion in Limine to Prohibit Use of the Defendant's Prior Criminal Record
V. Motion in Limine to Prohibit Use of the Defendant's Alleged Prior Bad Acts
VI. Motion to Suppress Oral and/or Written Statements
VII. Motion to Quash/Dismiss Information-Lack of Specificity
VIII. Motion to Suppress Electronically Recorded Statements and Conversations at Black's Beach
IX. I'm missing a page, so will post once I receive it.
X. Motion to Suppress Physical Evidence Seized from the Defendant Cuadra's Virginia Residence
XI. Motion to Suppress Physical Evidence Seized Regarding the Defendant Cuadra's E-mail Accounts
XII. Motion to Instruct the Jury as to the Definition of Life Imprisonment at all Levels of the Pending Proceeding
XIII. Motion to Preclude the Commonwealth from Seeking the Death Penalty as Depriving Cuadra of an Impartial Jury
XIV. Motion for Separate Guilt Phase and Penalty Phase Jurors
XV. Challenge to Pennsylvania Jury Instructions
XVI. Motion to Declare 42 Pa.C.S.A 9711 et. seq. Unconstitutional and to Bar Imposition of the Death Penalty
XVII. Motion to Preclude the Commonwealth from Seeking the Death Penalty as Cruel and Unusual Punishment
XVIII. Petition for Writ of Hebeas Corpus
XIX. Motion to Dismiss Aggravating Circumstances
XX. Reservation:
116. Cuadra reserves the right to supplement this Motion based upon discovery already received or yet to be received or upon testimony admitted at hearing on said motion.
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Harlow Cuadra, by and through his counsel, Paul A. Galante, Esquire, Michael Senape, Esquire and Steven Menn, Esquire, hereby files the Defendant’s Omnibus Pre-Trial Motion and avers more particularly as follows:
1. On May 15, 2007, The Defendant, Harlow Cuadra, was arrested along with Co-Defendant, Joseph Kerekes, and charged with one (1) count of Criminal Homicide (18 Pa.C.S.A.§2501(a)), Arson (18 Pa.C.S.A. §3301(a)(1)(I),(ii)), Robbery (18Pa.C.S.A. §2701(a)(1)I)),Theft By Unlawful Taking (18 Pa.C.S.A. §3921(a)); Tampering With Physical Evidence (18Pa.C.S.A. §4910(1)); Abuse of Corpse (18 Pa.C.S.A. §55 10) and four (4) counts of Criminal Conspiracy (18 Pa.C.S.A. §903(a)(1)) in connection with the death of Bryan Charles Kocis.
2. Cuadra is presently incarcerated at the Lackawanna County Correctional Facility without bail.
3. To date, the Commonwealth has not properly responded to Cuadra’s Bill of Particulars and has not fully responded to the Defendant’s discovery requests or otherwise fully complied with its discovery obligations under the Pennsylvania Rules of Criminal Procedure. Defendant reserves the right to supplement this Motion as said discovery becomes available to Cuadra.
I. Request for Individual Voir Dire
II. Motion for Change of Venue/Venire
III. Motion in Limine-Photographs
IV. Motion in Limine to Prohibit Use of the Defendant's Prior Criminal Record
V. Motion in Limine to Prohibit Use of the Defendant's Alleged Prior Bad Acts
VI. Motion to Suppress Oral and/or Written Statements
VII. Motion to Quash/Dismiss Information-Lack of Specificity
VIII. Motion to Suppress Electronically Recorded Statements and Conversations at Black's Beach
IX. I'm missing a page, so will post once I receive it.
X. Motion to Suppress Physical Evidence Seized from the Defendant Cuadra's Virginia Residence
XI. Motion to Suppress Physical Evidence Seized Regarding the Defendant Cuadra's E-mail Accounts
XII. Motion to Instruct the Jury as to the Definition of Life Imprisonment at all Levels of the Pending Proceeding
XIII. Motion to Preclude the Commonwealth from Seeking the Death Penalty as Depriving Cuadra of an Impartial Jury
XIV. Motion for Separate Guilt Phase and Penalty Phase Jurors
XV. Challenge to Pennsylvania Jury Instructions
XVI. Motion to Declare 42 Pa.C.S.A 9711 et. seq. Unconstitutional and to Bar Imposition of the Death Penalty
XVII. Motion to Preclude the Commonwealth from Seeking the Death Penalty as Cruel and Unusual Punishment
XVIII. Petition for Writ of Hebeas Corpus
XIX. Motion to Dismiss Aggravating Circumstances
XX. Reservation:
116. Cuadra reserves the right to supplement this Motion based upon discovery already received or yet to be received or upon testimony admitted at hearing on said motion.
