Tuesday, December 16, 2008

Trial Delayed... Again.

Harlow Cuadra

The Times Leader reports that a Luzerne County judge has permitted attorneys Michael Senape and Stephen Menn to withdrawal from defending homicide suspect Harlow Cuadra.

Senape and Menn were replaced by Lackawanna County attorneys Joseph R. D'Andrea and Paul J. Walker during a court hearing before Judge Peter Paul Olszewski Jr. on Tuesday.

Cuadra, 27, of Virginia Beach, is charged in the killing of Bryan Kocis in Dallas Township in January 2007.

A co-defendant in the case, Joseph Kerekes, 34, of Virginia Beach, pleaded guilty to second degree murder and was sentenced to life in prison for his alleged role in Kocis' death.

Prosecutors are seeking the death penalty for Cuadra. His trial was postponed from Jan. 5 to Feb. 17.
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Meanwhile the Citizens' Voice is also reporting that the capital murder trial of Harlow Cuadra has been postponed until Tuesday, Feb. 17, following Cuadra's request for two private attorneys to represent him in place of his court-appointed, county-funded defense counsel.

Luzerne County Judge Peter Paul Olszewski Jr. admitted attorneys Joseph D’Andrea, from Dunmore, and Paul J. Walker, of Scranton, to the case today, a week after they filed a notice declaring their intent to represent Cuadra.

Olszewski also granted the request from Cuadra's court-appointed attorneys, Stephen Menn and Michael Senape, to withdraw from the case, pending their filing by Friday of proposed findings of fact and conclusions of law in an evidence suppression matter.

Cuadra, 27, and Joseph Kerekes, 34, both of Virginia Beach, Va., were accused of killing Kocis, a rival producer of gay pornographic films, in January 2007 and later setting fire to his Midland Drive, Dallas Township home.

Kerekes pleaded guilty last Monday to second-degree murder and other charges and was sentenced to life in prison without parole, the mandatory term for a second-degree murder conviction.

Cuadra refused a plea agreement and, until the delay, was scheduled to stand trial Jan. 5.

Read the full story in tomorrow's edition of The Citizens' Voice.
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Update @ 12/17/08: Todays Citizens' Voice offers an expanded version of what took place during yesterday's hearing: The start of the trial for accused killer Harlow Cuadra will be postponed until Feb. 17 to allow two private attorneys hired by Cuadra “a reasonable amount of time to prepare” for the case, Luzerne County Judge Peter Paul Olszewski Jr. said Tuesday.

Olszewski granted a six-week delay from the scheduled Jan. 5 start date after approving a request from attorneys Joseph D’Andrea of Dunmore and Paul J. Walker of Scranton to join the case. The attorneys had asked Olszewski for a 120-day delay.

“That’s not going to happen,” Olszewski said.

Olszewski also granted a request from Cuadra’s court-appointed attorneys, Stephen Menn and Michael Senape, to withdraw from the case, pending their filing by Friday of proposed findings of fact and conclusions of law in an evidence suppression matter.

Menn gave notice last month that he planned to resign from the county’s conflict counsel pool by the end of the year, but Olszewski rejected his request to leave the Cuadra case twice before the hearing Tuesday.

Cuadra, 27, and Joseph Kerekes, 34, both of Virginia Beach, Va., were accused of killing Bryan Kocis, a rival producer of gay pornographic films, in January 2007 and later setting fire to his Midland Drive, Dallas Township, home.

Kerekes pleaded guilty last Monday to second-degree murder and other charges and was sentenced to life in prison without parole, the mandatory term for a second-degree murder conviction. Cuadra refused a plea agreement and faces the death penalty.

The lead counsel on all death penalty cases must be certified under guidelines set by the state Supreme Court in 2003. Walker has death penalty certification. D’Andrea is scheduled to complete the necessary continuing legal education credits by next week.

Cuadra and Kerekes were arrested in Virginia Beach in May 2007 and were originally scheduled to stand trial together in March. Days before the start of the trial, Olszewski disqualified attorney Demetrius Fannick from representing Cuadra and delayed the trial until Sept. 2.

Olszewski delayed the start of the trial again in August after ruling Mark Bufalino, an attorney for Kerekes, and Paul Galante, an attorney for Cuadra, could no longer serve on the case because the two attorneys work for the same law firm — the Wilkes-Barre office of Elliott Greenleaf.

“Your client has a penchant for liking to obtain new counsel and asking for continuances,” Olszewski told D’Andrea and Walker.

“If you’re in, I’m not letting you out,” Olszewski warned the attorneys. “Mr. Cuadra could jump up and down and make a scene. He could carry on all he wants. I’m not letting you out.”
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The Times Leader also reports that accused murderer Harlow Cuadra has new attorneys – again.

At a court hearing Tuesday morning, Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. allowed a withdrawal of Cuadra’s attorneys, Michael Senape and Stephen Menn.

Olszewski continued the trial date to Feb. 17 at the request of Cuadra’s new attorneys, Joseph D’Andrea, of Dunmore, and Paul Walker, of Scranton. The lawyers said they need more time to prepare for the trial, which had been scheduled to begin Jan. 5.

Cuadra, 27, of Virginia Beach, Va., is charged with homicide in the January 2007 death of Bryan Kocis, his rival in the gay pornography industry. Police said Kocis, 44, was stabbed to death and his Midland Drive home set on fire.

Joseph Kerekes, 34, also of Virginia Beach, pleaded guilty last week to second-degree murder in the Kocis killing and was sentenced to life in prison without parole.

Assistant District Attorney Michael Melnick strongly opposed the continuation because of the time, effort and money involved.

“We have a multitude of out-of-state witnesses we intend to bring in…,” Melnick said. “It takes a lot of work. A continuance is unwarranted.”

Olszewski said he didn’t think a fourth continuation was the solution.

Although D’Andrea and Walker asked for an additional 120 days for the continuance of trial, Olszewski scheduled the Feb. 17 trial date.

“(Cuadra) already has two attorneys that are prepared for trial. They can try this case with you or without you,” Olszewski said to D’Andrea and Walker.

Menn and Senape filed the papers Dec. 10, asking to be withdrawn from the case. Olszewski said Menn and Senape will be able to withdraw pending the completion of filings that are due on Friday. The attorneys entered the request one day after D’Andrea and Walker requested to be appointed to the case.

Menn asked to be withdrawn, citing economic hardship, and because he is resigning from the county’s conflict counsel pool of attorneys certified to handle death penalty cases. Senape hasn’t said why he asked for withdrawal from the case.

Olszewski previously denied two requests by Menn to be withdrawn from the case, stating he would not delay the start of the January trial any longer. In July, attorney Paul Galante was withdrawn from Cuadra’s case due to a conflict since he and attorney Mark Bufalino, who once represented Cuadra’s co-defendant Kerekes, worked for the same law firm.

When arriving at the courthouse, Cuadra said he was ready for trial and had no intentions of pleading guilty.

Olszewski asked Cuadra if he approved of the withdrawal of Menn and Senape.

“I agree.” Cuadra said.