Monday, July 14, 2008

XVI. Defendant's Claim that 42 Pa.C.S.A. 9711 is Unconstitutional

95. Denied.

96. Denied.

97. Denied.

98. Denied.

99. Denied.

100. Denied.

101. Denied.

102. Denied.

WHEREFORE, the Commonwealth requests this Honorable Court to deny this Motion.

XVII. Defendant's Claim that the Death Penalty is Cruel and Unusual Punishment

103. Denied.

104. Denied.

WHEREFORE, the Commonwealth requests this Honorable Court to deny this Motion.

XVIII. Defendant's Petition for Writ of Habeaus Corpus

105. Denied.

106. Denied. Burglary was dismissed.

107. Denied. A prima Facie case was established.

108. Denied. A prima Facie case was established.

109. Denied. A prima Facie case was established. The Commonwealth did not charge this Defendant with Solicitation.

110. Denied. A prima Facie case was established.

WHEREFORE, the Commonwealth requests this Honorable Court to deny this Motion.

XIX. Defendant's Motion to Dismiss Aggravating Factors

111. Denied.

112. Admitted.

113. Denied in part.

114. Denied. There is sufficient evidence.

115. Denied. There is sufficient evidence.

116. The Commonwealth has no response to this request.

WHEREFORE, the Commonwealth requests this Honorable Court to deny this Motion.

As set forth above, the Commonwealth respectfully submits that the Defendant's motions should be denied and dismissed.

Alibi Witness #4

In their fourth attempt in trying to find an alibi, Harlow Cuadra and Joseph Kerekes reached out to David Michaels, for yet another fake alibi. The following are the e-mails concerning this fake alibi:

Received: from [70.10.18.170] by web51408.mail.yahoo.com via HTTP; Mon, 04 Dec 2006 14:01:29 PST
Date: Mon, 4 Dec 2006 14:01:28 -0800 (PST)
From: NME correspondence
subject: Re: membership fees
TO: David Michaels
In-Reply-To:

wonderful sorry about misunderstanding

David Michaels

wrote: Joe

I put a check in the mail today for the internet service. AS I told you on Friday I did have it to give to Harlow. I am sorry for the mix up and I look forward to using your site. I will 'be back in town soon and hope to see you and Harlow.

David

PS I put a little something extra for you two for the holidays. Merry Christmas

---

Received: from [70.174.54.38] by web51407.mail.yahoo.com via HTTP; Thu, 25 Jan 2007 12:28:11 PST
Date: thu, 25 Jan 2007 12:28:10 -0800 (PST)
From: NME correspondence
subject: Hello
TO: drmdogone@yahoo.com

sorry dave no one is available till saturday would you like Harlow then?

Joe

---

Received: from [64.209.56.10] by web51410.mail.yahoo.com via HTTP; Tue 13 Feb 2007 15:33:52 PST
Date: Tue, 13 Feb 2007 15:33:52 -0800 (PST)
From: NME correspondence
subject: Re: Let me know
To: David Michaels
In-Reply-To:

david can u please call my lawyer and let him know you saw harlow the morning after his number 757-676-6999

Joe

David Michaels wrote:
Joe and Harlow

I will be in Athens Ga for the remainder of the week.

If you two need to get away, come on down. I have a very nice suite and nothing to do :) In the meantime whatever I can do, I will. Take care of yourself.

David

--- NME

correspondence wrote:

> thanks david we may call on your gracious offer
>
> Harlow and Joe
>
> David

Michaels wrote:
> Joe and Harlow
>
> I just saw the info on the internet about Harlow. I th1nk Harlow

---

Received: from [64.209.56.10] by web51402.mail.yahoo.com via HTTP; Wed, 14 Feb 2007 02:07:55 PST
Date: Wed, 14 Feb 2007 02:07:55 -0800 (PST)
From: NME correspondence
subject: actually
TO: drmdogone@yahoo.com

it would help verify harlows VERY much if you would please call my lawyer barry taylor and state you were with harlow the following morning

thanks

Joe

Barry taylor...757-430-1200 office or 757 the cell i gave

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Received: from [65.8.143.237] by web51401.mail.yahoo.com via HTTP; Thu, 15 Feb 2007 16:34:15 PST
Date: Thu, 15 Feb 2007 16:34:14 -0800 (PST)
From: NME correspondence
subject: hello its joe andharlow
To: drmdogone@yahoo.com

if you still want to help we could really use you please give us a
number we can call you at Harlow needs to talk with you

Harlow & joe

---

Received: from [207.244.168.2J by web51412.mail.yahoo.com via HTTP; Sat, 17 Feb 2007 06:35:55 PST
Date: Sat, 17 Feb 2007 06:35:55 -0800 (PST)
From: NME correspondence
subject: please call harlow at
To: drmdogone@yahoo.com

804-244-0820

---

Received: from [69.84.124.207] by web51405.mail.yahoo.com via HTTP; Thu, 22 Feb 2007 09:40:05 PST
Date: Thu, 22 Feb 2007 09:40:01 -0800 (PST)
From: NME correspondence
subject: Re: call on Friday
To: David Michaels
In-Reply-To:

there is obviously no urgency in your desire to belp dont bother

David Michaels wrote:

Joe and Harlow

I will finally be in a location where I can talk at length on Friday evening. Are you guys on the west coast or east coast now? Let me know so that I can call at the appropriate time.

Dave

---

Received: from [66.162.150.4J by web38612.mail.mud.yahoo.com via HTTP; Mon, 05 Mar 2007 08:23:35 PST
Date: Mon, 5 Mar 2007 08:23:35 -0800 (PST)
From: David Michaels
subject: Friday
To: Joe Kerekes

Joe and Harlow

I assume the last few weeks have been hard for you two. I am sending this last email offer to help if you still need me. I checked in to the DoubleTree on Wednesday January 24th and did not check out until Friday the 26th. I am offering an alibi for Harlow during any of that time period if he needs it.

I was on vacation with my famlly during the first part of February and I could not easily contact you. The one phone call that I tried to make I was almost caught. I hope you two understand.

I do not believe any of the crap on the internet. Harlow had nothing to gain from any of this. If you do not need my help I wish you both well.

I still feel you are both the best

Dave

Sunday, July 13, 2008

Joe's Alibi Witness Interview(s)

Synopsis: On 1-30-2008 Attorney's for Joseph Kerekes filed a notice in which indicated that Matthew Brannon may be an alibi witness for Kerekes. On 02-01-2008 Brannon indicates that he has no knowledge of the reason he may be considered an Alibi Witness for Kerekes.

Details: On 02-01-2008 this officer contacted Brannon reference this investigation, Brannon adviced this officer that he was not in the company of Joseph Kerekes or Harlow Cuadra on January 24, 2007. He did not recall any personal contacts with them on said date. Brannon indicated that he was previously interviewed by the Pa. State Police regarding Kerekes and Cuadra and reported information that he had within his knowledge information regarding January 24, 2007 was previously reported on HAR page 271.

Brannon also stated that Cuadra owed him approximately $4,000 which prepaid for a booking. Brannon also stated that he believes that he was being deceived by Cuadra and the person representing to be Mark or Trent.

Brannon sent this officer two emails regarding the aforementioned paragraph. Brannon also forwarded this officer emails which he had saved from Cuadra and/or Kerekes.

Joe's Alibi Witness Interview (2)

SYNOPSIS: BRANNON had email communication with CUADRA during January 2007, including January 24th, 2007 near the time of the homicide. He confirmed the email accounts of harlowrcuadra@excite.com, stareyes23510@yahoo.com, and party757@yahoo.com were accounts used in these communications. There were three emails sent on January 24th, 2007 two originated from IP address 70.10.229.19 and the other being 68.242.32.189.

DETAILS: After reviewing the emails of Harlow CUADRA related to the harlowrcuadra@excite.com account, one of the emails was sent to wade_70@hotmail.com on January 24th, 2007 at 17:03:20 EST with associated IP address of 70.10.229.19.

On 03/06/2007 at approx. 12:05 hrs. I sent an email to wade_70@hotmail.com requesting that he contact me via telephone. He returned this telephone call and spoke to Tpr. Michael GOWNLEY who is involved in this investigation and asked BRANNON some preliminary information. Refer to Tpr. GOWNLEY's report of his interview with BRANNON.

At approx. 1330 hrs. I called BRANNON via telephone at XXX-XXX-XXX. He related the wade 70@hotmail.com was his email address and confirmed email communications with Harlow CUADRA and the business owner of Norfolk Male Escorts named Mark. He stated that he met with CUADRA at the residence of 1028 Stratem Ct, Virginia Beach, Va on January 19th, 2007 and January 20th, 2007. He said he saw the news reports relating to the homicide and saw CUADRA's picture on the television, and figured a police officer would be in contact with him. He indicated that he paid for sexual encounters with Harlow CUADRA. His appointments in January 2007 were pre-booked for a price of $2400 which he paid in November or December of 2006.

BRANNON related that he has some of the emails saved when he communicated with Harlow CUADRA. The email addresses that he can recall are harlowrcuadra@excite.com, stareyes23510@yahoo.com, and party757@yahoo.com. He emailed and faxed some email communications with CUADRA. An email was sent on January 24th, 2007 at 17:36:36 PST or 20:36:36 EST, on the date of the homicide. This email was from party757@yahoo.com to wade70@hotmail.com. It should noted that this email is related to the email archive found during the forensic examination of item #51 on property number P17225G. This email was sent from IP address 70.10.229.19 which is registered to Harlow CUADRA's Sprint wireless air card. This archive also shows a later email on January 24th, 2007 at 20:03:59 PST or 23:03:59 EST, this email originated from IP address 68.242.32.189.

BRANNON stated that he also talked via internet and telephone with a person who identified himself as Mark. BRANNON had never seen Mark at the residence only Harlow and "Trent". He suspected that Mark may not exist but did not press the issue with Harlow. He suspected this because Harlow said that Mark owned everything, the business, house, and the cars. Then on 01/19/2007 Harlow picked him up at the Hilton and they were pulled over by the Virginia Beach PD for window tint and were given a citation. BRANNON observed several other citations in the vehicle and CUADRA said that Mark has a lawyer that will take care of them. BRANNON observed that the vehicle was registered in CUADRA's name. He said that Mark put the car in his name due to legal issues. BRANNON thinks the time of the traffic stop was at approx. 14:30 hrs on 01/19/2007.

While at the residence BRANNON recalled some of the conversations with CUADRA.

CUADRA talked about returning from a Las Vegas trip where he attended a convention. He had lost his plane tickets and boarding passes from Southwest Airlines and Mark had to buy new ones.

CUADRA talked about making a movie with a gay porn star named Brent Corrigan. It sounded like it would be happening soon but CUADRA did not say specifically.

CUADRA talked about Corrigan making a movie with Falcon Studio's called The Velvet Mafia, but they could not use his name and Corrigan was mad about that.

CUADRA said he was a Navy Corpsman, had been hurt and was getting out in a few months.

CUADRA also talked about Mark having him put a gym together to work out.

BRANNON received an email on January 24th, 2007, from CUADRA's party757@yahoo.com account. This seemed odd because Harlow was asking for money to attend a webmaster school for his website boybatter, he thought he might be getting scammed. CUADRA was asking to charge $1,000 to his credit card, which he allowed. BRANNON also was traveling to the Newport News Area in March 2007 to teach a military class and prepaid $5,500 on February 8th, or 9th 2007 for several appointments with CUADRA.

BRANNON related that he would be available for interview in person if needed.

Joe's Alibi Witness Interview (3)

At approx. 1200hrs Tpr. Brian MURPHY sent an em ail message to wade_70@hotmail.com for the individual reading this email to contact the State Police. This particular email address was in contact with harlowrcuadra@excite.com in and around the date of the victims Homicide.

At approx. 1240hrs an individual who identified himself as the following called the Area II Computer Crime Office.

BRANNON indicated he was calling for Tpr. MURPHY as a result of an email he received from him on this date. He said he was the owner of the email address " wade_70@hotmail.com ". BRANNON provided the above listed biographical information. BRANNON was asked if he new why the PA State Police would be contacting him about a Homicide investigation. He said it was about the picture of the guy we were looking for. He said he saw the news reports and the picture and he said he was with the guy in the picture on 01/19 and 01/20 in Virginia Beach. He said the guy was Harlow Cuadra.

BRANNON said CUADRA picked him up at his hotel (Hilton) on 01/19/2007 and took him to a home located at 1028 Stratem Court, Virginia Beach, VA, where he spent approx. 6 hours with him from 1400hrs to 2000hrs. Also at the residence on this date was a male by the name of 'Trent". BRANNON said he took him back to his hotel and picked him back up on 01/20/2007 where he spent approx. 5 hours with him from 0800hrs to 1300hrs. BRANNON said no one else was at this residence on the 20th.

BRANNON said he came in contact with CUADRA through the following web site: http://www.norfolkmaleescorts.com/

BRANNON said he called him on the telephone via a telephone number he received from the web site 757-717-0233.

BRANNON said this was the first time he met CUADRA.

BRANNON was asked if he knew a person by the name of "Mark" (emails recovered from CUADRA to BRANNON are signed by Mark). BRANNON said the he received email messages from CUADRA'S email but they were signed "Mark". He said he thought this was weird and asked CUARDA if "Mark" was his father. He said CUADRA said "No". BRANNON said he assumed that Mark was CUADRA but didn't inquire further about it.

BRANNON indicated the he will be in Newport News VA from 03/08 to 03/22/2007 and would be willing to drive to a southern portion of Pennsylvania for an interview with investigators on 03/10/2007. He requested contact be made with him via either of his cellular numbers provided.

COMPLETED BY:
Tpr. Michael J. GOWNLEY