Sunday, November 2, 2008

Affidavit in Support of Application for Search Warrant

This was originally entered as an exhibit by the defense, during their joint reply to the DA's brief in opposition to suppress search warrant & evidence seized from the residence. Though it's a bit old now, it's interesting to see what Cpl. Leo Hannon had to say in his own words (not to mention the things not listed in the affidavit of probable cause).

While I originally touched on this subject in a post back in July... here's the full text:

THE MATERIAL FACTS CONSTITUTING PROBABLE CAUSE ThAT THE SEARCH SHOULD BE MADE ARE:

Bryan Kocis House

On January 24, 2007, at approx 2030 hrs., the Dallas Twp Fire Department was dispatched to 60 Midland Drive, Dallas Township, Luzerne County, Pa. for the report of a structure fire involving a residential dwelling. Subsequently, Trooper Ronald JAROCHA, Pennsylvania State Police Troop P Fire Marshal, was requested to respond to the scene, as a male victim, Bryan Charles KOCIS, was found to be deceased within the home. He was located on a couch in close proximity to the front exit door. Based upon interviews with witnesses in the area of KOCIS’s home, investigators learned that an unknown individual and an unknown vehicle was observed near the KOCIS residence immediately prior to the victims death and ensuing fire.

Upon further investigation, it was observed that the victim was stabbed multiple times with a cutting instrument. Upon initial assessment, there were no signs of a struggle and/or defensive wounds.

On January 25, 2007, an autopsy of the victim’s body commenced at Wilkes Barre General Hospital Morgue. Autopsy was conducted by Forensic Pathologist Dr. Mary PASCUCCI and was attended by Luzerne County Coroner Dr. Jack CONSALVO. Their examination of the victim’s body revealed that the victim suffered twenty-eight stab-type wounds to his body/torso, and one slash type wound to his neck. The slash type neck wound severed the victim’s hyoid bone, trachea, left carotid artery, and left jugular vein. There was no evidence illustrating that the victim was alive at the time of the fire. Dr. CONSALVO determined the cause of death to be multiple stab wounds/slash wound to the victim’s neck and the manner of death was ruled to be criminal homicide.

Further investigation by Trooper JAROCHA determined that the fire at the victim’s residence commenced within its interior. Additionally, it was determined that the exterior door of the residence was open at the time of the fire. The investigators found no indication of forced entry to the residence. The origin of said fire was the rear of a living room couch, to which there was no explainable ignition source. Trooper JAROCHA ruled the cause of the fire to be arson. Additionally, a folding-style knife was found to be open and in the area of the origin of said arson fire.

Due to the lack of defensive wounds to the victim, and the fact that the exterior door of the residence was open at the time of the fire, the suggestion is present that the victim may have had a personal association with his assailant(s). As such, the victim may have had telephone contact or email contact with said assailant(s) at some point prior to his death.

Interviews with the victim’s family and personal associates additionally revealed that the victim was extremely private with regard to his residence, and would not permit unannounced visitors to enter under any circumstances.

Investigators interviewed Attorney Sean Macias (XXXX XXXXX XXXXX Drive Suite XXX Los Angeles Ca., Telephone XXX XXX XXXX) who represented Brian Kocis in a lawsuit that was ongoing at the time of Kocis’s death. According to Attorney Maclas, the lawsuit was filed in Federal Court under case number 06 CV 0293J. In the lawsuit, Kocis’s company, Cobra Video, was suing Sean Lockhart, Grant Roy and LSG Media; The lawsuit alleged systematic infringement and misappropriation of Kocis’ property rights regarding the Pennsylvania Trademark of the name Brent Corrigan. Kocis ownd and distributes Adult Male Gay entertainment via DVD/video sales and provides adult material through its websites, www.corbravideo.com and www.brentcorriganxxx.com. One of the primary models for Kocis’ company was Sean Lockhart AKA Brent Corrigan. In the lawsuit, it is alleged that Sean Lockhart developed a new business relationship with LSG Media; which is a partnership between Sean Lockhart, Grant Roy and Lee Bergeron. A review of court documents reveals that during 2006 there were a number of depositions taken in furtherance of the aforementioned lawsuit.

During the week of January 15, 2007, Kocis traveled to California to confer with his Attorney regarding the pending lawsuit and a potential settlement. Attorney Macias advised that on January 19, 2007 a settlement was reached. This settlement allegedly gave Lockhart and his associates only seven days to complete certain agreements or would have to pay an additional settlement cost. The settlement further called for Lockhart to remove all negative “blogs” regarding Kocis. Lockhart additionally agreed to provide and release medical records to Kocis. Additionally, Kocis would retain all rights to the name “Brent Corrigan” for a period of time, and would thereafter receive a percentage of gross proceeds from website and DVD sales.

The investigation also revealed that Sean Lockhart, a/k/a Brent Corrigan, created his own website known as “brentcorriganonline.com,” in violation of contractual agreements between the victim and Lockhart. Several biographical entries found on the website as well as other various blog sites illustrate strong feelings of personal animosity on the part of Lockhart toward Brian Kocis. Additionally, subsequent investigation revealed that Lockhart held a desire to be credited as a director, and additionally wished to hold responsibility for his own career decisions, which he believed was impeded by Kocis. Also according to said writings, Lockhart believed that he had been “manipulated” by Kocis, and was taken advantage of due to his young age and naivety with regard to the adult entertainment industry.

Sergeant Douglas Higgins, Dallas Township Police Department, Dallas, Pennsylvania, advised Cpl. Leo D. HANNON Jr. that he interviewed Benjamin Gilbert of Palmdale, California. Gilbert advised that he associated with Sean Lockhart and they last had contact in October 2006 Gilbert recalled that Lockhart had spoken about getting rid of Bryan Kocis; that he hated Kocis; and that Kocis had ruined his life. Gilbert also referred to a friend of Lockhart known as Grant who stated he wanted to find a “cleaner” to take care of Kocis. Gilbert overheard Lockhart telling Grant not to talk about that in front of people you don’t know. Gilbert further advised that Grant is in love with Lockhart and would do anything for Lockhart.

Detective Daniel Beky, Luzeme County District Attorney’s Office, Wilkes-Barre, Pa, advised Cpl. Leo D. HANNON Jr. that he on January 25, 2007, he interviewed Robert Wagner; a close friend of Bryan Kocis. Wagner stated that Kocis possessed and utilized a number of computers at his residence. Wagner further indicated that Kocis contacted and corrmuuiicated with other individuals involved in his private life, his private homosexual activity, and homosexual video pornography productions through hs computer email system. Wagner further stated that on January 21, 2007, he had observed two computer towers; a Dell and an EMachine at the residence. Following the homicide, Cpl. Leo D. HANNON Jr. observed that the both computer towers referenced by Wagner were missing, yet the associated hardware such as the monitors, keyboards and connecting cables were present. In Cpl. Leo D. HANNON Jr.’s opinion, the absence of the computer towers suggests that they may have been removed at the time of the murder. It is also noted that the search of the residence indicates that only a select number of other items were missing, inclusive of a Rolex watch, which according to the victim’s family members held significant sentimental value to the victim.

Robert Wagner

Wagner advised that on or about January 22, 2007, Kocis forwarded a picture to Wagner that depicted a white male model, allegedly from the Philadelphia, Pennsylvania area. Kocis indicated to Wagner that the male model was scheduled to visit his residence on the evening of January 24, 2007; the day the victim was murdered.

Cpl. Leo D. HANNON Jr. was advised by Corporal Mark Filarsky, Pennsylvania State Police, that on Monday, January 29, 2007, at approximately 10:29 a.m., he contacted Alex Puente, telephone number: (XXX) XXX-XXXX. Mr. Puente is the Webmaster for Cobra Video.com. It should be noted that the deceased, Bryan Kocis, utilized the e mail account Kingcobra@cobravideo.com. Puente was asked to provide e-mail messages from Bryan Kocis’ Cobra Video account during the last four days of his life. Puente indicated that on January 24, 2007, at 2:23 p.m., an e-mail message was sent by the victim to Sean Lockhart, which stated in part that the victim was expecting a male model to arrive at his residence this date. On Monday, January 22, 2007, at 10:18 a.m., a male model application, containing the bio of Danny Moilin, King of Prussia, Pennsylvania, was forwarded to Kocis’ e-mail account. Moilin utilized the e-mail address of DMBOTTOMPA@YAHOO.COM. The bio included several photographs of the male model applicant. A comparison was made of these Moilin photos and the photos Kocis sent to Robert Wagner of the individual who would be visiting on the evening of the murder. The photos appear to depict the same person.

On February 2, 2007, the Pennsylvania State Police released a photograph attached to the Danny Moilin application to the local and national media outlets. On February 3, 2007, Trooper Lisa A. BROGAN spoke to Ryan ANDERSON of Norfolk, Virginia. ANDERSON stated that a friend of his once worked for the person in the photo. ANDERSON stated the unidentified male is Harlow CUADRA from Virginia Beach, Virginia. ANDERSON stated CUADRA is a gay male model and a paid escort. ANDERSON stated that one could view Harlow CUADRA via his MySpace Profile: www.myspace.com/harlowcuadra. CUADRA is part owner of a gay pornography websites; www.Boybatter.com and www.Boisrus.com. CUADRA operates a male escort service and website referred to as www.norfolkmaleescorts.com. ANDERSON also forwarded two photos to Trooper BROGAN. ANDERSON advised both photos were posted on Harlow CUADRA’s MySpace page. ANDERSON stated that Harlow CUADRA and Sean LOCKHART, aka Brent Corrigan, were in Las Vegas for the Adult Video Convention and the photo was taken at Le Cirque; a restaurant located within the Bellagio Hotel. ANDERSON did not know who took the photo, but was familiar with Le Cirque; jackets and ties are required. ANDERSON added that “Trent” (stage name) is partners with Harlow CUADRA in the escort business. ANDERSON stated CUADRA and Trent were former lovers but CUADRA left Trent for Sean LOCKHART. ANDERSON did not know Trent’s real name but thought his first name may be “Joe”.

Trooper BROGAN advised Cpl. Leo D. HANNON Jr. that on February 3, 2007, she accessed MySpace.com and located Harlow CUADRA’s Internet Account. CUADRA’s profile with screen name Hardcore Harlow appeared with a photograph and a caption which reads: “Hey Guys, Harlow’s my name and porn is my game!”. One of the photos appear to be a copy of the photo the victim, Bryan KOCIS, had forwarded to his friend, Robert WAGNER, two days prior to the homicide of KOCIS wherein KOCIS advised WAGNER that the photo is a male model he was going to meet with on January 24,2007. A photo in CUADRA’s My Space Account depicts Sean LOCKHART; aka Brent CORRIGAN, posing with Harlow CUADRA at Le Cirque in Las Vegas, Nevada. The photo is captioned as follows: “Brent & I @ Le Cirque, Las Vegas!”.

Harlow and Sean

Based on the above, the Pennsylvania Criminal Intelligence Center obtained information relating to Harlow CUADRA. Intelligence analysts identified Harlow Raymond CUADRA as having a date of birth of August 5, 1981. Motor vehicle records also establish that the same Harlow CUADRA depicted on My Space account as Hardcore Harlow is the same person identified through a Virginia driver license photo as Harlow CUADRA and also the same person expected by the victim, Bryan KOCIS, to visit on the evening of his death.

Additional Information provided Pennsylvania Criminal Intelligence Center lists businesses associated with CUADRA as: norfolkmaleescorts.com; boybatter.com and men4rent.com. The name, Joe KEREKES, is listed as an associate of CUADRA. KEREKES address is the same as CUADRA: 1028 Stratem Court, Virginia Beach VA 23451.

Harlow and Joe's House

On February 3, 2007, Trooper Brogan spoke to one Michael WAHL, who resides in Yorktown, Virginia. WAHL stated he heard about the murder of Bryan KOCIS on website, www.gay.com. He was reading about the murder on several other websites and immediately knew the identity of the male subject. WAHL stated that the name of the person in the photo was “Harlow”. WAHL was unsure of his last name but thought it was DRAKE. WAHL stated that Harlow is well known in the gay community where he lives. WAHL stated that a former friend of his used to model with Harlow. WAHL stated Harlow and his business partner Joseph KEREKES operate an illegal escort service and produce gay pornography. KEREKES also does some modeling; using the stage names of “Trent” or “Travis”. WAHL believed Joe and Harlow were involved intimately, but broke up over Sean LOCKHART; aka Brent Corrigan. WAHL stated Harlow was going to leave KEREKES for LOCKHART. Harlow and Sean LOCKHART were supposedly going to make a movie together.

On February 6, 2007, Cpl. Leo D. HANNON Jr. reviewed email messages between the victim and Danny Moilin received from America Online from the victim's email account known as “Cobravideo@aol.com”. The email messages show that Bryan Kocis had arranged a meeting with Danny Moilin for January 24, 2007, In one of the emails dated January 24, 2007, at 3:43 PST, Danny wrote: “good morning, I have to take my dad a few things to center city then I will be free....so if you want to meet up earlier, that would be great! I am real excited about meeting and hangin with you Danny”

Kocis wrote in an email to Danny the following: “Hi Danny, I have a few meetings later this afternoon so 1 was thinking about 7-8 PM to have you here. I guess you’ll bring an overnight bag and don’t forget those two Ids. My address is 60 Midland Drive Dallas PA 18612”

In response, Danny wrote in a message dated January 24, 2007, at 10:17 PST, “ok... see you around 7:15 depending on traffic Thanks Danny :-)~”

On January 29th 2007 a search warrant was served on America Online Inc. (AOL) of 22000 AOL Way, Dulles Va. for the email content and subscriber information for the victims email accounts of cobravideo.com and kingcobra@aol.com. The results of this warrant indicate that the victim was in communication with an unknown individual using the email address of dmbottompa@yahoo.com from January 22nd through January 24th, 2007 where the communications indicated that a person was scheduled to meet the victim in the evening hours of January 24 2007, near the time of the homicide. One of the IP addresses associated with the dmbottompa@yahoo.com email address is 70.174.54.38 on 22JAN2007 12:23:28 (-0600).Central Time.

A search of the American Registry for Internet Numbers (ARIN) was conducted which indicated that the IP address was issued/assigned by Cox Communications Inc. of 1400 Lake Hearn Drive, Atlanta Ga 30319 PH: XXX-XXX-XXXX.

Information was requested from Cox Communications Inc. to provide the subscriber information related to the listed IP address.

The result of this request indicates the account and subscriber information that matches the residence of Harlow CUADRA, which indicates that the computer systems used to communicate through emails with the victim are likely to be located at that residence, previously illustrated herein.

Also, a search warrant was issued for Yahoo Inc. to provide IP connection log information related to the email address of dmbottompa@yahoo.com. The results of this warrant show there were numerous captures of the IP address at logon of 70.1 0.229.19 one of the dates and times being 01/24/2007 at 15:08:29 hrs GMT.

A search of the American Registry for Internet Numbers (ARIN) was conducted which indicated that the IP address was issued/assigned by Sprint PCS.

Information was then requested from Sprint for the subscriber for several IP addresses and date ranges associated with the dmbottompa@yahoo.com email account.

The result of this request indicated that the subscriber that was assigned the IP address listed above, and several others, was Harlow CUADRA. These IP addresses were associated with a Sprint wireless air card designed for Internet access and mobile use.

The telephone number of 570-579-4437 was listed as having called the victim’s telephone number from January 22nd through January 24th, 2007. Information was requested from Verizon Wireless for information related to this number. The results of this request did not reveal a subscriber because it was a pre-paid mobile telephone. The telephone was activated on January 22nd, 2007 and the first calls were made from the Newport News area, which Cpl. Leo D. HANNON Jr. knows to be within the Commonwealth of Virginia. This area is within several miles of the CUADRA residence. The last call was made on January 24, 2007, shortly before the homicide of the victim. Said call originated from the Pittston area, which Cpl. Leo D. HANNON Jr. knows to be within Northeastern Pennsylvania, which is within several miles of the victim’s residence.

On 02/09/07 Cpl. Mark FILARSKY and Cpl. Gerald WILLIAMS interviewed Grant Roy who was in the presence of his counsel, Attorney Ezekiel CORTEZ. This interview was conducted via teleconference. The following is a synopsis of ihe interview; I was surfing ihe internet looking for models in anticipation of the settlement of the lawsuit with Bryan KOCIS. That is when I came across Harlow. I sent 1 or 2 emails via his web site. I never heard back from him but Sean LOCKHART did. I was informed by Sean that Harlow was looking to work with us. I asked Sean if he was coming to Las Vegas for the convention and Sean said he wasn’t. I told Sean to call him and tell him to come to Vegas.

Grant Roy

We did meet with Harlow and his friend Joe who goes by the stage name Trent. Harlow was in the Navy and Joe was in the Marines. They have been a couple for about the last 6 years. We were at dinner one night in Vegas when we were discussing the possibility of trading scenes but I informed them that we could not do anything at this point because of the pending litigation with Bryan KOCIS. Harlow then asked what if Bryan left the country, Sean said that He would only come back. Joe then said that Harlow knows someone that would do anything for him. Harlow then asked what if Bryan went to Canada. Sean had a few drinks in him and I don’t think he understood what Harlow was saying. I looked at Harlow and knew that he was talking about getting rid of him (killing him). I grabbed Harlow by the knee and told him no, we don’t need Bryan to leave the country. This conversation took place while in Las Vegas for a gay porn convention during the week of January 15th to the 19th 2007.

On 01/25/07 sometime during the morning hours Pacific Time, Sean told me that he received a call on his cell phone from Harlow while he was at work. Harlow told him to go the WNEP web site. Sean went to the web site while he was still on the phone with Harlow. Sean saw the information about the death of Bryan and became upset. Harlow told Sean “I guess my guy went overboard”. Sean had to leave work early and come home.

Since this investigation is continuing, disclosure of the search warrant, this affidavit, and/or this application and the attachments thereto will seriously jeopardize the progress of the investigation. Accordingly, I request that the Court issue an order that the search warrant, this affidavit in support of application for search warrant, the application for search warrant, and all attachments thereto be filed under seal until further order of this Court.