Monday, July 14, 2008

B. False Accusations Against Robert Wagner, Grant Roy and Sean Lockhart

The Defendants have also falsely suggested that other persons were responsible for Bryan Kocis' death. More specifically, the Defendants have discussed laying the blame, on among other people, Robert Wagner, Grant Roy, and Sean Lockhart. These false accusations are bad acts which are admissible against the Defendants, and the Commonwealth gives notice pursuant to 404(b) Pa. Rules of Evidence of its intent to use these bad acts. In fact, in one phone intercept, the Defendant Kerekes ruminates as to how to lay the blame on Grant Roy and Sean Lockhart, only to further realize that Grant Roy and Sean Lockhart were in California at the time. (See Virginia Beach prison Conversation #96, pg 9, #97) Indeed, the Defendant Kerekes was downright apologetic to Grant Roy and Sean Lockhart at the time of the April 2007 Crab Catcher intercept in that the Defendants' January 2007 crime spree had the collateral effect of ruining Grant Roy and Sean Lockhart's attempt to get on their business feet. (See Crab Catcher intercept pg. 43)

Not content with the false accusations against Grant Roy and Sean Lockhart, the defendants have also contemplated making false accusations against Robert Wagner according to prison intercepts and a letter turned over to the Commonwealth.