Defendant Cuadra's Joinder

DEFENDANT CUADRA'S JOINDER IN DEFENDANT KEREKES' MOTION TO SUPPRESS PHYSICAL EVIDENCE SEIZED FROM DEFENDANT'S VEHICLE FILED NUNC PRO TUNC

TO THE HONORABLE, THE JUDGES OF THE COURT OF COMMON PLEAS OF LUZERNE COUNTY:

The Defendant, HARLOW RAYMOND CUADRA, by and through his appointed counsel, Stephen Menn, Esquire and Michael B. Senape, Esquire, hereby JOINS in Defendant Kerekes’ Motion to Suppress Physical Evidence Seized From Defendant’s Vehicle Filed Nunc Pro Tunc and in support thereof respectfully represents as follows:

1. On or about August 12, 2008, Defendant Kerekes, by and through his appointed counsel, Shelley L. Centini, Esquire and John B. Pike, Esquire, presented a Petition To File Summary Appeal Nunc Pro Turic to Judge Olszewski, requesting additional time for Defendant Kerekes to file a Motion to Suppress evidence seized during the arrest of both Defendants, Cuadra and Kerekes, in Virginia on or about May 15, 2007.

2. On August 12, 2008, Judge Olszewski entered an Order granting Defendant Kerekes permission to file the Motion to Suppress evidence seized during the arrest of both Defendants, Cuadra and Kerekes, in Virginia on or about May 15, 2007. This Order was docketed, along with the Petition To File Summary Appeal Nunc Pro Tunc, on August 13, 2008 by the Luzerne County Clerk of Courts.

3. On August 19, 2008, Judge Olszewski entered an Order extending the time for the briefing schedule for Defendant Kerekes and the Commonwealth based upon Defendant Kerekes’ representations that the Commonwealth had still not supplied Defendant Kerekes with any search warrants or other documents relating to the evidence seized during the arrest of both Defendants, Cuadra and Kerekes, in Virginia on or about May 15, 2007. This Order was docketed, along with the Defendant Kerekes’ Motion for Enlargement of Time to File Defendant’s Brief in Support of His Motion to Suppress Physical Evidence Seized from Defendant’s Vehicle, on August 19, 2008 by the Luzerne County Clerk of Courts.

4. In Defendant Kerekes’ Motion for Enlargement of Time to File Defendant’s Brief in Support of His Motion to Suppress Physical Evidence Seized from Defendant’s Vehicle, Attorney Centini points out to the Court that from July 17, 2008, through the date of the filing of said Motion, the Commonwealth had not produced any search warrants or other documents relating to the evidence seized during the arrest of both Defendants, Cuadra and Kerekes, in Virginia on or about May 15, 2007.

5. The Court, in its August 19, 2008 Order scheduled the hearing and/or argument on Defendant Kerekes’ Motion to Suppress for September 22, 2008 at 1:00PM in Courtroom No. 2 of the Luzerne County Courthouse.

6. Defendant Kerekes filed his Brief in Support of His Motion to Suppress Physical Evidence Seized From Defendant’s Vehicle and/or His Home with the Luzerne County Clerk of Courts on September 5, 2008.

7. The Commonwealth filed its Answer to Defendant Joseph Kerekes’ Motion to Suppress Physical Evidence Seized from Defendant’s Vehicle and supporting Brief on September 19, 2008.

8. On September 22, 2008, at approximately 12:30P.M., the Commonwealth served the undersigned, Michael B. Senape, Esquire, with approximately 130 pages of discovery allegedly relating to the evidence seized during the arrest of both Defendants, Cuadra and Kerekes, in Virginia on or about May 15, 200 This was the first time the undersigned, Michael B. Senape, Esquire, was provided with any information and/or documentation relating to the evidence seized during the arrest of both Defendants, Cuadra and Kerekes, in Virginia on or about May 15, 2007.

9. The hearing before Judge Olszewski on Defendant Kerekes’ Motion to Suppress commenced on September 22, 2008 at 1:00PM. The undersigned, Michael B. Senape, Esquire, was merely present to observe the testimony and arguments presented by Defendant Kerekes and the Commonwealth to determine what action, if any, would be pursued on Defendant Cuadra’s behalf since the Commonwealth had not formally served Defendant Cuadra with the within referenced evidence until one half hour prior to the September 22, 2008 hearing.

10. Prior to the conclusion of the September 22, 2008 hearing, the Court, sua sponte, requested a side bar with counsel for Defendant Kerekes and the Commonwealth and undersigned, Michael B. Senape, Esquire, to inquire as to Defendant Cuadra’s position regarding Defendant Kerekes Motion to Suppress Physical Evidence Seized From Defendant’s Vehicle and/or His Home.

11. The Court’s inquiry regarding Defendant Cuadra’s position was based upon Assistant District Attorney Michael Melnick’s conduct in presenting exhibits to the undersigned, Michael B. Senape, Esquire, prior to presentation of said exhibits to the witness for the Commonwealth, Detective Matthew Patrick Childress of the Virginia Beach Police Department, which had the effect of including Defendant Cuadra in the hearing without Defendant Cuadra being physically present in the courtroom for the hearing.

12. The Court, in an effort to ensure fairness to all parties and given the representations of the undersigned, Michael B. Senape, Esquire, regarding the Commonwealth not having provided certain discovery to Defendant Cuadra relating to the evidence seized during the arrest of both Defendants, Cuadra and Kerekes, in Virginia on or about May 15, 2007, adjourned the hearing and directed the Commonwealth to turn over all documents and/or evidence relating to the evidence seized during the arrest of both Defendants, Cuadra and Kerekes, in Virginia on or about May 15, 2007, it had in its possession, and that it had previously provided to Defendant Kerekes, to the undersigned, Michael B. Senape, Esquire.

13. The Court granted the undersigned, Michael B. Senape, Esquire, and Defendant Cuadra 10 days to file a pleading joining in Defendant Kerekes’ Motion to Suppress, file his own Motion to Suppress or any other action Defendant Cuadra, and his appointed counsel, deemed appropriate for his defense. The Court indicated that, depending on the course of action taken by Defendant Cuadra, the Court would set a date and time for the continuation of the hearing on said Motion and, if necessary, direct the Commonwealth to present the witness, Detective Matthew Patrick Childress of the Virginia Beach Police Department, again for testimony and subject to cross examination in the presence of Defendant Cuadra.

14. Based upon the review of the above referenced pleading and discovery from the Commonwealth, as well as the testimony presented at the hearing on September 22, 2008, and after consultation with Defendant Cuadra, the undersigned, Michael B. Senape, Esquire and Stephen Menn, Esquire, Defendant Cuadra JOINS In Defendant Kerekes’ Motion to Suppress Physical Evidence Seized From Defendant’s Vehicle and/or His Home and Defendant Kerekes’ Brief in Support of thereof.

WHEREFORE, for the foregoing reasons and averments the Defendant Cuadra JOINS in Defendant Kerekes’ Motion to Suppress Physical Evidence Seized From Defendant’s Vehicle and/or His Home and Defendant Kerekes’ Brief in Support of thereof and request is hereby made for the Court to set a date and time for the continuation of the hearing on said Motion and direct that the Commonwealth present the witness, Detective Matthew Patrick Childress of the Virginia Beach Police Department, again for testimony and subject to cross examination in the presence of Defendant Cuadra.