Joe's Alibi Witness Email (1)

From: MATTHEW BRANNON [wade_70@hotmail.com]
Sent: Friday, February 01,2008 10:31 AM
To: Hacken, Francis J
Subject: RE: Test

Hello Sir,

Per our phone conversation I did not see or was I in the company of Harlow on the 24th of Jan 2007, the last date I saw him was the 20th of Jan. 2007. He sent me an E-mail on the· 25th of Jan. asking for money to attend a webmaster course.

I believe my schedule for the end of jan. On the 19th I checked in to the Hilton in Virginia Beach and met them around 5PM. The next day on the 20th I met with Harlow around 9AM till 1PM, that is the last time I saw him in person. I left Virginia Beach the 21st and traveled to Williamsburge, VA and stayed in on of the Parks Hotels, I left on the 22th of Jan to return to Fayetteville, NC. I stayed at home from the evening of the 22th to the morning of the 29th at home.

Before I knew of the investagation I arranged an other appointment during the period of 8-22 mar 2007, I was informed I had to prepay for this, I paided around $4000.00 ducing the month of Feb 2007. I recieved an e-mail for staryeyes on mar 8th stating they had to cancel because of the investigation.

The last contact with the two of them was in the month of May 2007, I thought since several months had passed and no charges were filled then I beleived their story and the investation moved to different suspects.

I hope this is what you needed sir, If you need more information then let me know. Also if they do wish to call me as a witness please let me know as soon as possible so I can arrange my schedule.

Thank You,

Matthew Brannon

Joe's Alibi Witness Email (2)

From: MATTHEW BRANNON [wade_70@hotmail.com]
Sent: Friday, February 01,2008 1:45 PM
To: Hacken, Francis J
Subject: RE: Test

sir,

I believe he went by Trent or Mark to the best of my memory I don't think I received any e-mails or calls from him on either the 24th or 25th of Jan 2007. I think the next contact with him was Mar 2007.

Matthew Brannon

The Plan "B" 3-Way

The following is the transcript of a phone conversation between Renee Martin, Joseph Kerekes and Harlow Cuadra. This call took place while Cuadra and Kerekes were being held at the Virginia Beach jail, shortly after the The Plan "B" Phone Call between Renee and Joe. This is termed transcript #101 by the Luzerne County District Attorneys Office:

RENEE MARTIN: Okay, if he doesn't call this time when you're on the phone, what time do they shut your phones off at?

HARLOW CUADRA: Oh I mean, they're always started, but umm, they just let me out of ah, the lock down but ah, from what I, from what I understand he always has access to his phone.

RENEE MARTIN: No, no, no, no, what time do they shut your, down?

HARLOW CUADRA: At ah, at ten I think.

RENEE MARTIN: Okay, if he doesn't call this time we're on the phone, it's seven thirty your time, I need you to call me back at nine o'clock and I'm gonna tell him the same thing, if he calls back to call at nine o'clock so I can hook you guys together okay?

HARLOW CUADRA: Okay, will do. Alright, so I guess you're gonna order this movie and, and ah, painstakingly watch it?

RENEE MARTIN: Yea, I guess if I have to. I don't know that I'll much enjoy it.

HARLOW CUADRA: I don't, I don't think you will, I heard it sucks.

RENEE MARTIN: Well you know your boy ain't workin either?

HARLOW CUADRA: My who?

RENEE MARTIN: Brent Corrigan.

HARLOW CUADRA: He's not workin?

RENEE MARTIN: Mmm, mmm.

HARLOW CUADRA: Why not?

RENEE MARTIN: Nobody wants him.

HARLOW CUADRA: That's bullshit.

RENEE MARTIN: Uh, uh, it's not.

HARLOW CUADRA: Really?

RENEE MARTIN: Yeah and guess what was all over Damion's page today?

HARLOW CUADRA: What?

RENEE MARTIN: You're gonna love this, I could really start some shit with him.

HARLOW CUADRA: Okay, what was on that page?

RENEE MARTIN: Mmm, Cruiser at night, hold on a second, you'll love this, I got him goin yesterday when I was talking to him. Umm, okay, it says umm, Kocis, Kerekes, Cuadra Pennsylvania case update, umm, Sam Snyder(sic) deputy warden of Luzerne County Correctional Facility, said Harlow Cuadra and Joe Kerekes will be kept away from the general inmate population when they arrive in Wilkes-Barre, Pennsylvania, since it/s a high profile investigation, we'll probably place them in administrative custody, of course we will isolate them from one another, Hyder(sic) said, Hyder(sic) said the two men/s lifestyle and their sexuality will create a danger for them regarding other inmates, bail is not permitted on a charge of criminal homicide in Pennsylvania...

HARLOW CUADRA: Bail is, bail is not permitted?

RENEE MARTIN: Yea, that's what it says.

HARLOW CUADRA: Okay.

RENEE MARTIN: Legal view, Harlow and Joe can fight this on four points, they are, are they corrupt individuals, are they actually fugitives, are these valid charges in Pennsylvania, is the paperwork sufficient and correctly drawn up. Note, their guilt or innocence in Kocis' death does not enter into the Virginia Beach legal process, they are being held there for Pennsylvania authorities, the upcoming forfeiture hearing in Virginia Beach concerns their property on Bird Neck Road and a bank account in Virginia Beach. Note two, the Pennsylvania State Police PSP conducted the investigation with the assistance of the Virginia Beach Police Department Special Investigations Unit, this case remains under investigation by the PSP with Corporal Leo Hannon as the lead investigator. Hold on, that's Joe...

RENEE MARTIN: Okay, are we all present?

HARLOW CUADRA: Yep, all here.

JOSEPH KEREKES: Harlow...

RENEE MARTIN: Wait a minute, listen here's the rest of it, umm...

JOSEPH KEREKES: Can I interject real quick...

RENEE MARTIN: No, I'm reading something to Harlow off of what Cruiser put on his(inaudible) his site today. . . extremely troubling part of governor's extradition warrant bears close scrutiny and raises major concerns about the safety of Harlow and Joe, a fact no other writer has noticed, on June 20th a forfeiture hearing in Virginia Beach. on June 27th the extradition, no one else has noted what I believe is a very troubling aspect of the PA governor's warrant that concerns me greatly. There are four police officer detectives specifically named in the warrant as the designated officers to pick up Harlow and Joe from Virginia Beach to go to Wilkes-Barre, PA this is most unusual and atypical, I have good reason to believe that these officers may well have a strong personal bias against the defendants and are likely to homophobic as well. The time frame that I have established for the journey probable, journey's probably duration is about twelve to fourteen hours, this means that if Harlow and Joe are not in touch with their attorneys, families and friends, within that time, then . there is a strong basis for a very major concern about their safety and security, I urge all who are concerned with their safety and security and due process rights of Harlow and Joe to make their concerns known to the office of the Pennsylvania Governor and to urge him to reassign the detectives involved and bring an officer who, who are certifiably neutral and impartial in the discharge of the their extradition duties, and it goes on to give you the governor's address and all this other shit, and then you go to his update, that was on there this morning, you go to his update and that's what I was reading you earlier Harlow, was that umm, umm, the Pennsylvania State Police blah, blah, blah, an investigation, (inaudible) investigation with the assistance of the VBPD Special Investigations Unit this case remains under investigation by the PSP with Corporal Leo Hannon as the lead investigation, Cruiser at night is seeking an interview with Corporal Hannon, if you go up, it will tell you umm, Sam Snyder, Deputy Warden of the Luzerne County Correctional Facility said that Harlow and Joe will be kept away from the general inmate population when they arrive in Wilkes-Barre Pennsylvania since it's a high profile investigation, we'll probably place them in administrative custody, of course we would isolate them from one another, Hyder said the two men's lifestyles, and their sexuality will create a danger for them regarding other inmates, bail is not permitted on a charge of criminal homicide in Pennsylvania. Harlow and Joe can fight this on four points, blah, blah, blah, and I already read the rest of it to you Harlow.

HARLOW CUADRA: Yea, yea.

JOSEPH KEREKES: Ah Harlow?

HARLOW CUADRA: Yep.

JOSEPH KEREKES: Listen we have to go to Plan B, we went there.

HARLOW CUADRA: Alright, alright hey Joe, don't, don't say anything over the phone, I already need to... I already know.

JOSEPH KEREKES: Okay, but I gave her a hypothetical thing about A you, B me...

HARLOW CUADRA: Yea, she already went through...

RENEE MARTIN: I, I , I, I, I, I... all conversations are hypothetical please.

JOSEPH KEREKES: I know, it's all hypothetical but Harlow I need to explain to you this hypothetical conversation real quick, okay?

RENEE MARTIN: Ah, no we, we can't do that guys.

JOSEPH KEREKES: What, we already did that, you and me right, Renee?

RENEE MARTIN: I know but we can't do that, because if they're listening in on this conversation and I have three-way'd you, and you guys tell each other what you're supposed to tell each other, then y'all are gonna get me in trouble.

HARLOW CUADRA: I know.

JOSEPH KEREKES: Alright, Renee did you relay anything to him though?

RENEE MARTIN: I was doing that when you called, okay?

JOSEPH KEREKES: Harlow, it's pretty, it's pretty much what we already know, remember what Plan B was, right?

HARLOW CUADRA: Yea, yea.

JOSEPH KEREKES: Okay, and umm...

HARLOW CUADRA: Oh boy.

JOSEPH KEREKES: Because we can't get any... we have to tell, ya know what I mean?

HARLOW CUADRA: Yea, yea.

JOSEPH KEREKES: Are you okay with that?

HARLOW CUADRA: Yea, I'm good, I'm good.

RENEE MARTIN: Guys, it's all gonna be good, it may, it may disrupt your lives for a momentary (inaudible) time...

JOSEPH KEREKES: Are you serious Renee? You really think that we're gonna umm, we're gonna get out?

RENEE MARTIN: Yea, I, I believe eventually down the road, as long as everything ya know, as long as everything comes out, believe me you wouldn't believe how much shit Sheryl has.

JOSEPH KEREKES: Really?

RENEE MARTIN: Yea.

JOSEPH KEREKES: Well then I'm... ya hear this Harlow?

HARLOW CUADRA: Yea, yea.

JOSEPH KEREKES: Well listen, listen can I quickly like, can you walk to your baby and let me talk to him?

HARLOW CUADRA: No, no, don't, don't do that.

JOSEPH KEREKES: Do you remember though what is was, you, you had an appointment, I mean (inaudible).

HARLOW CUADRA: I know, I know, I know...

JOSEPH KEREKES: Egh, Egh, Egh, Egh.

HARLOW CUADRA: I, I, I know, I know Joe.

JOSEPH KEREKES: And I wasn't there.

HARLOW CUADRA: Everything, everything's in my head, just be very calm alright?

RENEE MARTIN: Joseph! Joseph! Joseph! Joseph! You're pressuring the poor boy.

HARLOW CUADRA: Yea.

RENEE MARTIN: You're pressuring him, you're stressing him out, and it's ruining a conversation.

JOSEPH KEREKES: Well I'm completely stressed out too, but I'm glad that you raised the stress level on me Renee, I'm glad that you took us out...

RENEE MARTIN: Well the, the only reason why I raised level on you was because of what I got from Wayne today, okay?

HARLOW CUADRA: Has he been able to get anything else?

RENEE MARTIN: Do what honey?

HARLOW CUADRA: Has he been able to get anything else?

RENEE MARTIN: No, he won't meet with him again until Monday or Tuesday, but like I said, every time he meets with him I get the low down of what the conversation was.

JOSEPH KEREKES: Oh, about the state right?

RENEE MARTIN: Yea.

JOSEPH KEREKES: Umm, so we may get, we may get the house back Harlow.

HARLOW CUADRA: Yea, I've been hearing that too.

JOSEPH KEREKES: And Renee will put that guy on that loan thing real quick, right Renee?

RENEE MARTIN: Yep.

JOSEPH KEREKES: And ah, but the thing is they wanna keep our money and, and, and the things and I don't like that if they don't have any criminal charges against us.

RENEE MARTIN: Do you want me to tell you something?

JOSEPH KEREKES: What?

RENEE MARTIN: Okay, if you can get a hundred and some thousand dollars out of your house, the hell with twenty-seven thousand dollars and a bunch of material assets, y'all can recreate those material assests.

JOSEPH KEREKES: Yea, that's true but why would they keep it, just to be a honcho almighty?

HARLOW CUADRA: Well ah Joe, umm they may keep, I mean we may get it all back, ya know? But even in, even in the worse case scenario, it looks like we'll be getting our house back, ya know what I mean?

JOSEPH KEREKES: Did Brice give you the letter?

HARLOW CUADRA: Yea, yea and I signed it.

JOSEPH KEREKES: No, no, no, no, the one I wrote you?

HARLOW CUADRA: Ah no, no.

RENEE MARTIN: Okay, Sheryl says the guy that was looking to buy your business was a fake, and he is a cop.

HARLOW CUADRA: Really?

RENEE MARTIN: Ah huh.

JOSEPH KEREKES: He's a cop?

RENEE MARTIN: Ah huh.

JOSEPH KEREKES: Where?

RENEE MARTIN: I don't know.

JOSEPH KEREKES: And he wanted to buy it to make it go away, didn't he?

RENEE MARTIN: Well he didn't want to buy it, I don't think he wanted to buy it in the first place. That's why I told ya. . .she said she couldn't find the website but, but, well this is the other guys website that offered to help me buy your updates and that stuff. I know you said you don't much care. for him, but let me tell you something Joe, he's been helping me out immensely, so...

JOSEPH KEREKES: Oh, Oh, ask Harlow if he trusts the ABC Boy guy.

HARLOW CUADRA: Oh yea, he sent me a letter, by the way.

(Telephone Recording: You have one more minute for this call).

RENEE MARTIN: Scott Burnett?

HARLOW CUADRA: Yea, yea, yea.

RENEE MARTIN: Yea.

JOSEPH KEREKES: Hey Harlow, can you call back?

HARLOW CUADRA: Yeah, I'll call right back.

JOSEPH KEREKES: Okay. Hey Renee?

RENEE MARTIN: Yeah, honey...

The Plan "B" Phone Call

The following is the transcript of a phone conversation between Renee Martin and Joseph Kerekes. This call took place while Kerekes was being held at the Virginia Beach jail. This is termed transcript #98 by the Luzerne County District Attorneys Office:

RENEE MARTIN: Hypothetically?

JOSEPH KEREKES: Mmm, hmm.

RENEE MARTIN: Okay.

JOSEPH KEREKES: And Harlow already knows this hypothetical too and ah, that was what we called ah, ya know the ah, Plan B, ya know?

RENEE MARTIN: Okay. What I'm saying though Joe is when you get up there to see your attorney, and you talk to Brewer, okay? You need to tell him nothing but the truth because the only way that Brewer can defend you is if he knows the truth because what will happen is, and let me explain this to you, okay cause this is just the way the court system works okay?

JOSEPH KEREKES: Mmm, hmm.

RENEE MARTIN: If you tell Brewer a lie, and Brewer tries to defend you on a lie, okay, he's not gonna be able to do it because he's gonna get caught up in catch 22's and he's not coinciding with the statements, ya know what I'm saying? Just things that were said....

JOSEPH KEREKES: Well let me just say this, hypothetically it was done in such a way that there would be no hypo... ya know proof of anything other than what I just hypothetically put, put forth.

RENEE MARTIN: Okay, but, my problem is, hypothetically who could have been there prior to this young gentlemen showing up there?

JOSEPH KEREKES: Oh, what I just said is completely... the hypothetical but the umm, probable truth.

RENEE MARTIN: Okay, but what I'm saying is, is that...

JOSEPH KEREKES: Oh, you, you, you mean, you mean the ah, unknown 'person that may have hypothetically hurt this person?

RENEE MARTIN: That's correct.

JOSEPH KEREKES: Okay, I wouldn't know about that, because umm, ya know, hypothetically this is all that ya know that I know.

RENEE MARTIN: I know, but that's what I'm saying is, is and what they're, that's what I'm saying, the only thing I'm telling you is when you get up there and Harlow needs to do the same thing, okay?

JOSEPH KEREKES: Mmm, hmm.

RENEE MARTIN: You need to work on a basis with your attorney. I'm not telling you with anybody else, but with your attorney on a basis of, total truth okay? You need to explain to him from get go A to Z exactly what went on, what transpired. . . .

JOSEPH KEREKES: Yea.

RENEE MARTIN: ... what transpired. Do you see what I'm saying?

JOSEPH KEREKES: Well, well why isn't Harlow calling is he with Brice now?

RENEE MARTIN: Yea, yea, he's with Brice now.

JOSEPH KEREKES: Well how do you know that?

RENEE MARTIN: Umm, because I talked to Jim Brice and he said he was going in to see Harlow, he'd call me back.

JOSEPH KEREKES: Okay cool, cool.

RENEE MARTIN: So all I'm saying though is, is that you and Harlow are gonna screw yourself out of an adequate defense but not telling your attorney, not anybody else. . .

JOSEPH KEREKES: By telling him that hypothetical and whatever story I just told you is pretty much the truth, it is the truth.

RENEE MARTIN: Well all I'm saying is, is they're gonna wanna know, I mean, hypothetically was the house on fire when you got there, or when this person got there?

JOSEPH KEREKES: Yes he did see, he smelled, he walked in and then he saw that, yes.

RENEE MARTIN: Okay.

JOSEPH KEREKES: It was very small, is what he, hypothetically.

RENEE MARTIN: Hypothetically when both people, was this when both people drove up or when...

JOSEPH KEREKES: No, no, why do you keep bringing this... he said he heard a sound upstairs hypothetically in this story, and that also umm scared him and he ran out.

RENEE MARTIN: Okay. So person B never actually went all the way into the home?

JOSEPH KEREKES: Person B, you mean who?

RENEE MARTIN: Okay, ah, the, the gentlemen visiting, hypothetically visiting. .

JOSEPH KEREKES: Never, no, no, hypothetically he walked right into where this person was and got scared, he saw the fire, smelled the smoke and heard a loud noise upstairs and ran out.

RENEE MARTIN: Okay, now what I'm saying is, is where was person A, while person B was inside?

JOSEPH KEREKES: Umm, I don't know.

RENEE MARTIN: Hypothetically.

JOSEPH KEREKES: Hypothetically there, there, see Renee this is where we don't understand each other because there isn't one, hypothetically.

RENEE MARTIN: Okay, there is A and B, A and B went to Pennsylvania, hypothetically.

JOSEPH KEREKES: Okay yea A, Oh A, A being the older one?

RENEE MARTIN: Yea.

JOSEPH KEREKES: Yea that person A, A, at the motel umm, ya know watching television.

RENEE MARTIN: Okay, so hypothetically A was at the hotel while this whol'e thing transpired?

JOSEPH KEREKES: Absolutely.

RENEE MARTIN: Okay so hypothetically you don't know that B didn't commit any kind of crime?

JOSEPH KEREKES: That's, that's sorta true, yea, that's true hypothetically I don't know for sure.

RENEE MARTIN: No, no, no, not you.

JOSEPH KEREKES: Hypothetically the, the, the older one does not know for sure.

RENEE MARTIN: Okay. That's, that's all I'm saying and that's what you need to tell your lawyer.

JOSEPH KEREKES: Okay, I see that you're on the same wave length now.

RENEE MARTIN: You, you see what I'm saying you need to explain to your lawyer when you get to PA, exactly what you know.

JOSEPH KEREKES: Okay.

RENEE MARTIN: Okay? I'm not telling you to tell anybody else.

JOSEPH KEREKES: Right.

RENEE MARTIN: Okay? And if anybody else ever asks you, I wouldn't say anything Joe.

JOSEPH KEREKES: Mmm, hmm.

RENEE MARTIN: Okay? What I'm telling you is, when you get there and you talk to your lawyer, okay and I'm not talking about in hypothetical's with your lawyer, with me everything is hypothetical, okay cause you never know who is listening to the phone.

JOSEPH KEREKES: Mmm, hmm.

RENEE MARTIN: Okay?

JOSEPH KEREKES: Mmm, hmm.

RENEE MARTIN: But when you get there, and you talk to your lawyer everything is on the table the way it's supposed to be, so your lawyer can adequately defend you cause...

JOSEPH KEREKES: Good, good.

RENEE MARTIN: ... he has to know what went on and how.

JOSEPH KEREKES: Cause I know that the hypothetical B person, already has thought of this, ah this story as well and already knows umm, in his smart, in his hypothetically planned way umm, umm, ways out, ya know?

RENEE MARTIN: Okay. Hypothetically, hypothetically person B went to this quote unquote person in questions home, okay?

JOSEPH KEREKES: Yes.

RENEE MARTIN: Did person B, show back up with person A as clean as they were when they left?

JOSEPH KEREKES: Person B, the younger one, raced back to person A, and they, they left.

RENEE MARTIN: Okay, but wait a minute, was person B, in the same umm, condition as person B was when person B left person A originally?

JOSEPH KEREKES: Same condition, like what do you mean?

RENEE MARTIN: Ah, dressed condition like clothing-wise.

JOSEPH KEREKES: Oh yes, yes.

RENEE MARTIN: Okay, person A, and person B, okay, where are all their clothing from, where, where, would they have hypothetically have put all of that clothing?

JOSEPH KEREKES: Ah, person A was just wearing the normal clothing of the day, and ya know person B, hypothetically, the younger one, probably felt dirty ah, from the smoke probably that touched him and he felt maybe like they would consider him guilty, hypothetically so, he ah, probably ditched it, burned it, cut it up, probably hypothetically, that's what I would do.

RENEE MARTIN: Okay, okay but you don't... but person A doesn't know that to be true to fact?

JOSEPH KEREKES: Well yea, person A saw, ya know saw his, saw this person in complete disarray at what he had witnessed and he saw him, dis... dispose of it.

RENEE MARTIN: Okay, but what I'm saying was, besides disarray, and smoke inhalation to person B, okay was there anything else?

JOSEPH KEREKES: Umm, I just said that probably, hypothetically that, that person A, since he was in the same vehicle would probably have seen ah, because he was driving...

(Telephone Recording: You have one more minute for this call).

JOSEPH KEREKES: ... would probably have seen person B, ya know get rid of it.

RENEE MARTIN: No, no, no, not talking about that, I'm talking about the condition of clothing, okay? Whether it had dog shit on it, whether it had ice cream on it, whether it had something else on it.

JOSEPH KEREKES: Oh, a person, person, person A was ah, was ah, busy when person B walked back in, sort of sleeping, so he doesnt know for sure.

RENEE MARTIN: Okay.

JOSEPH KEREKES: He had fallen asleep hypothetically, and the other person was in the shower when he woke up.

RENEE MARTIN: Okay, and did hypothetically person B, ever see person A's clothes before they were disposed of?

JOSEPH KEREKES: No.

RENEE MARTIN: Okay, I, I again I don't know how to impress upon you Joe, because and I'm telling you right now, that I need for you to call. . .

JOSEPH KEREKES: Do you want me to call back?

RENEE MARTIN: Yes, I need for you to call me back.

JOSEPH KEREKES: Alright bye.

RENEE MARTIN: Alright bye.

Howard Mitchell Hallford Interview... Alibi Witness 2

Det. Lt. Yursha read the homicide investigation action report and interview/statement sheet that was prepared on 02-22-07 concerning the interview between Howard Mitchell Hallford and Det. Lt. Yursha/Cpl. Hannon. Hallford stated that the contents in both documents were correct to the best of his knowledge.

On 05-17-07 at 4:12 P.M. Hallford stated that Harlow Cuadra came to his residence between the dates of 01-21-07 and 02-04-07, exact day unknown, sometime between 3:00 P.M. and 5:00 P.M. Harlow told Hallford that he was very upset about his picture being out there on the Internet, and a person of interest, in a murder in Pennsylvania. Harlow went to Hallford's laptop computer and visited the Citizens' Voice newspaper site (website). Harlow showed Hallford the picture and article of him-self contained in the article. Harlow was concerned about the picture and article. Harlow told Hallford I was at home, you know me, I'm a home-body. Harlow told Hallford he was home the night of the murder ( Brian Kocis murder in Pennsylvania ). Harlow then told Hallford I didn't have an alibi.

Approximately (5) five days later, Harlow called Hallford and stated that he needed an alibi witness and asked Hallford if he would act as one (alibi witness). Hallford stated he would help Harlow out. Harlow asked Hallford to contact attorney Barry Taylor who represents (Cuadra) Harlow, and to let him know that I (Hallford) would be an alibi witness.

Harlow called approximately (3) three or (4) four times to Hallford, and asked Hallford to meet with Barry Taylor and let Taylor know he would be an alibi witness. Hallford stated that he knew he was going to be an alibi witness for a person (Harlow) for a murder committed in Pennsylvania. Harlow was in fact a person of interest for this murder (Bryan Kocis). Hallford stated he knew this information when he met with attorney Barry Taylor at his office.

Harlow called Hallford, Hallford told Harlow that the police authorities from Pennsylvania interviewed him and that it didn't go very well, that it wasn't a good alibi, that the date in question wasn't definitive. Harlow then called attorney Barry Taylor and then called Hallford back and stated to Hallford "that a bad alibi witness is better than no alibi witness"

Hallford stated that he went to Barry Taylor for Harlow, because they are very close companions, have an intimate relation-ship and he was concerned about Harlow's well being. Hallford also felt underline pressure's that if he didn't cooperate there may be a problem with Joe Kerekes. Hallford stated that Kerekes was very aggressive and a controlling individual toward Harlow. Hallford was concerned about his and Harlow's welfare in this regard.

Motion to Stay Denied

On July 9th, Harlow Cuadra's attorneys Steve Menn and Michael Senape filed a motion requesting that future pretrial hearings be postponed until the state Superior Court responds to an appeal of Judge Peter Paul Olszewski's ruling that disqualified Demetrius Fannick from defending Cuadra.

Judge Peter Paul Olszewski has responded to the motion today by denying it. So it would appear that there will be no stay.

Update @ 07/12/2008: The Citizens' Voice also mentions it here.

For Your Eyes Only

Back on July 3rd, prosecutors filed paperwork challenging Harlow Cuadra's alibis. One of those alibis was Nep Maliki, which Harlow had sent a handwritten letter to, coaching him on telling a story of how he was with Harlow the day of the murder. I'll try to include a scanned copy later today, but the text of the letter in question follows:

----
June 13, 2007

Hi Nep

This letter is for your eyes only.

Thank you so much for your help Nep. Like I said over the phone. If my lawyer needs you to testify for me in court, your transporation and salary will be coverd. He will give you a legal letter for you to present to both your employers.

I remember that you came over on January 24th around 7:30 am
maybe it was 8 am.
You had on black jeans and a black heavy sweater. Black slip on leather shoes.
There were several cars in the drive way. A black corvette, a black BMW, a yellow viper and a silver nissan extera parked in front of the house. My S2000 honda was in the shop still, so I rented the nissan incase it snowed.
I had on a black leather jacket, blue jeans, and the hat that is on the blog web site. You know the one where I am making a muscle.
We met up for an hour, then you showerd with me and left.

I guess the thing we need to get clear is the time you came over.
Did you work early that day after you saw me?
At what time did you go into work that day? Please check with your work.

Please answer these questions over the phone, not in writing.

Cuadra, Kerekes Attorneys Should Have Acted Sooner, Olszewski Says

The Citizens' Voice is reporting that the two defense attorneys dismissed Wednesday from the capital murder case against Harlow Cuadra and Joseph Kerekes were aware of their potential conflict of interest since May and should have moved to remove themselves sooner, Luzerne County Judge Peter Paul Olszewski Jr. said.

Mark Bufalino, who represented Kerekes, and Galante, who represented Cuadra, joined the Wilkes-Barre office of the Philadelphia-based law firm Elliott Greenleaf in May, and Bufalino spoke about the potential conflict with Luzerne County Assistant District Attorney Michael Melnick last month, Olszewski said.

“Those issues and that conversation, for whatever reason, were not brought to the attention of this court,” Olszewski said.

“That should have been reported to the court,” Olszewski added. “I’m disappointed that did not happen.”

Olszewski extended the midday lunch break Wednesday to nearly two hours to allow the four remaining defense attorneys time to determine whether they could proceed with the pre-trial hearing later in the afternoon.

The hearing had been scheduled to resolve a number of motions, including a request from both defendants that they be tried separately and that certain pieces of prosecution evidence be suppressed.

Cuadra, 26, and Kerekes, 34, both of Virginia Beach, Va., are accused of killing Bryan Kocis, 46, the owner of a company they produced gay pornographic films, in Dallas Township in January 2007.

They are accused of slashing Kocis’ neck to the point of near decapitation, stabbing his torso nearly 30 times and later setting fire to his Midland Drive home.

They face the death penalty and are scheduled to stand trial together beginning Sept. 2.

When the hearing resumed Wednesday, the attorneys for Cuadra and Kerekes told Olszewski they were not prepared to continue and asked for more time.

Olszewski granted a continuance and said he would appoint new attorneys to fill the vacancies created by the removal of Bufalino and Galante. Possible replacements include the five attorneys left in the conflict counsel pool: Brian Corcoran, Joseph Cosgrove, Samuel Falcone Jr., Matthew Kelly and Gerald Wassil.

Despite the delay, Olszewski said he still wants the trial to start Sept. 2.

Melnick said 12 witnesses had been brought in at taxpayer expense from Virginia, California and elsewhere to testify at the pre-trial hearing, including Renee Martin, a business associate who has been identified as a material witness by prosecutors. Prosecutors recorded several telephone conversations Cuadra and Kerekes conducted with Martin, while they were incarcerated at the Virginia Beach Correctional Facility.

In one conversation, Kerekes told Martin about purchases he and Cuadra made at a Wal-Mart prior to Kocis’ murder, including a device similar to a Swiss Army knife, germicide and an “exasperator,” which he described as “stuff to make a fire big.”

Prosecutors said that prior to the murder, Cuadra and Kerekes had complained to employees and associates of their pornography business that Cobra Video, a company owned by Kocis, had been impeding their expansion.