The Commonwealth seeks to introduce evidence of the Defendants' escort business. The escort business in and of itself is not illegal; however, the Commonwealth states that the line between illegal and legal activity is crossed when a person charges money to perform sexual acts. In this case the Defendants, both have solicited fake alibi defenses based on their escorting business. In the case of Harlow Cuadra, he solicited Mitch Halford and Nep Maliki as alibi witnesses. In the case of Mitch Halford, the Defendant-Cuadra initially persuaded Mr. Halford, a long-standing escort client, to indicate that Mr. Halford was with him on January 24th, 2007, the evening of the murder. However, upon further questioning by Detective Dan Yursha, Mr. Halford backed off that statement and indicated that between a two week period between the NFC championship game involving the Chicago Bears and the Super Bowl, he had encountered the defendant Cuadra on a single instance and couldn't be sure when that was. Regarding Nep Maliki, the Defendant-Cuadra sent a "for his eyes only" letter to Mr. Maliki. In this letter, the Defendant-Cuadra gives explicit instructions to Mr. Maliki as to the fictitious events surrounding a January 24, 2007 alibi. The Defendant Cuadra sets forth the pretense of this bogus alibi as being an escort call performed by Mr. Cuadra. See Exhibit "1" and "2" attached hereto; statement of Mitch Halford and letter sent to Nep Maliki respectively.
With respect to the Defendant-Kerekes, he filed an alibi notice, naming Mr. Brannon as an alibi witness for him at the Fox Ridge Inn for January 24, 2007. This, too, allegedly involved in an escort call. However, Mr. Brannon was and is adamant that he was not in the company of Joseph Kerekes on January 24, 2007. Mr. Brannon unequivocally states that he was no where near the state of Pennsylvania on January 24, 2007. Additional information was obtained from Mr. Brannon by investigators in June 2008. Mr. Brannon, when advised that there was possibly an escort related e-mail sent to him on a laptop computer approximately four minutes after the Kocis fire was called in to 911, (and about 10-13 minutes after Amy Zamerowski noted a silver SUV backing out of the Kocis driveway), noted, being trained in and familiar with computers, that, particularly with the use of a mobile air card, one could have sent that escort e-mail from any location where there is "connectivity", i.e. ability to link to the Internet. Trooper Brian Murphy has established that there is continuous Internet connectivity along Route 309 between 60 Midland Drive, Dallas Twp. and the Fox Ridge Inn, Plains Twp. with a weakened signal in the "rock cut", i.e. the chasm in between Exit 6 on Route 309, Luzerne, Pennsylvania and Trucksville, Pennsylvania. In other words, the defendant-Kerekes could have, and the Commonwealth asserts, did, send an e-mail as an alibi cover story, apparently believing that the Commonwealth would not check the time of the 911 call, the arrival of the Dallas fire engines at 8:35 p.m. and the time of the Brannon escort e-mail. See Exhibit "3" attached hereto which is the statement of Mr. Brannon.
In addition, the Defendants reached out to David Michaels, for yet another fake alibi. Attached hereto as Exhibit "4" are the e-mails concerning this fake alibi.
With respect to the Defendant-Kerekes, he filed an alibi notice, naming Mr. Brannon as an alibi witness for him at the Fox Ridge Inn for January 24, 2007. This, too, allegedly involved in an escort call. However, Mr. Brannon was and is adamant that he was not in the company of Joseph Kerekes on January 24, 2007. Mr. Brannon unequivocally states that he was no where near the state of Pennsylvania on January 24, 2007. Additional information was obtained from Mr. Brannon by investigators in June 2008. Mr. Brannon, when advised that there was possibly an escort related e-mail sent to him on a laptop computer approximately four minutes after the Kocis fire was called in to 911, (and about 10-13 minutes after Amy Zamerowski noted a silver SUV backing out of the Kocis driveway), noted, being trained in and familiar with computers, that, particularly with the use of a mobile air card, one could have sent that escort e-mail from any location where there is "connectivity", i.e. ability to link to the Internet. Trooper Brian Murphy has established that there is continuous Internet connectivity along Route 309 between 60 Midland Drive, Dallas Twp. and the Fox Ridge Inn, Plains Twp. with a weakened signal in the "rock cut", i.e. the chasm in between Exit 6 on Route 309, Luzerne, Pennsylvania and Trucksville, Pennsylvania. In other words, the defendant-Kerekes could have, and the Commonwealth asserts, did, send an e-mail as an alibi cover story, apparently believing that the Commonwealth would not check the time of the 911 call, the arrival of the Dallas fire engines at 8:35 p.m. and the time of the Brannon escort e-mail. See Exhibit "3" attached hereto which is the statement of Mr. Brannon.
In addition, the Defendants reached out to David Michaels, for yet another fake alibi. Attached hereto as Exhibit "4" are the e-mails concerning this fake alibi.
