Trial Delayed... Again.

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.

Harlow's Savior... Again?

On December 10, 2008... paid attorneys' Joseph D’Andrea and Paul J. Walker filed notice in Luzerne County Court, formally declaring their intention to represent Harlow Cuadra in the murder trial of Bryan Kocis.

While the attorney switch is still subject to approval by Judge Peter Paul Olszewski, Jr., one has to wonder how Harlow could come up with the money to afford 'hired' attorneys... again.

The first time this happened was back on January 28, 2008 when Harlow Cuadra hired attorney Demetrius Fannick... then after several months and motions, Fannick was removed. The retainer for Demetrius Fannick alone is said to be approximately $50,000.00 - I'm told most of which was given back after his removal.

So who's been 'bankrolling' Harlow's paid defense(s)?

Sources that currently wish to remain anonymous, due to the sensitivity of this story, tell me that it's Howard Mitchell Hallford... aka Mitch Halford... also known for allegedly letting Harlow use his vehicle when Joseph Kerekes wouldn't allow Harlow to drive one of his own, and for providing the vehicle that was used for Harlow and Joe's infamous trip to Florida.

It's also been alleged that Mr. Hallford's source for the lawyer financing is through his own retirement fund(s). Guess he's looking for a good return on his investment.

Harlow Cuadra's New Lawyers (Perhaps)...

It would appear Harlow Cuadra has new (paid) defense lawyers (again):

12/10/2008 Praecipe for Entry of Appearance filed. Atty D'Andrea & Atty Walker

Update @ 11:57 AM: It would appear that it's Attorney Joseph R. D'Andrea, Esq., and I think the other is James J. Walker, Esq.

Update @ 2:21 PM: Correction: the second attorney's name is Paul J. Walker, Esq.

Update @ 3:12 PM: It's official:

12/10/2008 Entry of Appearance Walker, Paul Joseph
12/10/2008 Entry of Appearance D'Andrea, Joseph R.

Update @ 12/11/08: According to the Citizens' Voice: Days after his co-defendant reached a plea deal with prosecutors, accused killer Harlow Cuadra has asked two private attorneys to represent him in place of his court-appointed, county-funded defense counsel.

Attorneys Joseph D’Andrea, from Dunmore, and Paul J. Walker, of Scranton, filed a notice in Luzerne County Court on Wednesday, formally declaring their intention to represent Cuadra.

D’Andrea confirmed his and Walker’s involvement in the case. Walker was out of the office Wednesday and did not return a telephone message.

Also Wednesday, Cuadra’s court-appointed attorneys, Stephen Menn and Michael Senape, filed a joint notice announcing their withdrawal from the case.

The attorney switch is subject to the approval of Luzerne County Judge Peter Paul Olszewski Jr.

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 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 is scheduled to stand trial Jan. 5. Cuadra faces the death penalty.

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 twice rejected his request to leave the Cuadra case, saying a change of attorneys would delay the start of the trial at least six months.

“That’s not going to happen,” Olszewski said Nov. 20.

D’Andrea and Walker could request an extension to familiarize themselves with the case, but Olszewski would not be required to grant it, according to attorneys and others familiar with the case who spoke on the condition of anonymity because of a court-imposed gag order.

If Olszewski were to deny an extension, that decision could not be considered grounds for an appeal, an attorney familiar with the case said.

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 Rejects Plea Deal

The Citizens' Voice is reporting that Joseph Kerekes’ co-defendant Harlow Cuadra refused a plea agreement Sunday and will stand trial Jan. 5 for first-degree murder and other charges, according to attorneys involved in the case.

Prosecutors offered Cuadra a deal similar to the one Kerekes accepted: a plea to second-degree murder in exchange for life in prison without parole.

Cuadra, 27, of Virginia Beach, Va., had been seeking a maximum sentence of 20 years in prison, according to people familiar with the case who spoke on the condition of anonymity because of a court-imposed gag order.

A first-degree murder conviction at trial could mean a death sentence for Cuadra.

Cuadra is also exploring the option of hiring a private attorney to replace the two members of his court-appointed defense team, Stephen Menn and Michael Senape.

Attorneys for Cuadra filed a notice of possible alibi defense in August claiming, like Kerekes, that he was in Room 211 at the Fox Ridge Motel in Plains Township motel the night when Bryan Kocis was killed in January 2007 in Dallas Township, 12 miles away.

Kerekes said he will not testify against Cuadra, but gave a statement to investigators implicating Cuadra as the architect and executioner of the Kocis murder.

Cuadra posed as a fictitious character to gain a meeting with Kocis and went to his home alone the night of the killing, Kerekes said.

Menn's Petition to Withdraw as Conflict Counsel

PETITION TO WITHDRAW AS CONFLICT COUNSEL

TO THE HONORABLE, THE JUDGES OF SAID COURT:

The Petitioner by and through his counsel, Stephen A. Menn, Esquire, hereby requests his Court appointed counsel to be allowed to withdraw and avers as follows:

1. In January of 2007, Conflict Counsel was appointed by President Judge, which included Attorney Paul Galante as lead counsel in the Criminal murder case of the Defendant, Harlow Raymond Cuadra to assist in this case. This counsel agreed to assist Attorney Galante only to a minimal extent in the guilt phase but agreed to handle the death penalty phase of the case.

2. After being appointed to this case the Defendant, Harlow Raymond Cuadra, attempted to hire Private Counsel but the court refused to allow this representation based upon alleged conflict of interest. This decision remains on appeal.

3. In August of 2008, Attorney Paul Galante, the Defendant’s lead Attorney was dismissed from the case as a result of a conflict of interest between him and Counsel for the Attorney for the co Joseph Kerekes. As a result of this the Defendant was left with two (2) Attorneys not three (3) which had originally been appointed in this matter. Despite requests for the appointment of a third Attorney, no additional Attorney has been appointed to assist in this case.

4. Since August of 2008, due to the economic turndown and being a solo practitioner, this Attorney advised the President Judge that he would be unable to be out of his office for four to six weeks which is the anticipated time for Jury Selection, Trial and Penalty Phase. As a result, counsel resigned from the position of Conflict Counsel and asked for his cases to be reassigned to other Attorneys in the conflict pool.

5. This Attorney attempted to contact the Judge assigned to this case to advise him of Counsel’s resignation but was unable to speak to the Judge until on or about November 17, 200S.

6. The Defendant, Harlow Raymond Cuadra, has agreed that the appointment of a new Attorney to represent him in this case would be in his best interest and has agreed to sign a Wavier to his Rights to a speedy trial. This Counsel confirmed with Counsel for the Co-Defendant who also agreed to sign any Wavier necessary in the event his ease would need to be continued.

7. As a result of the this Counsel’s involvement being extended beyond what he understood the original appointment was to include, and being out of his private practice for an extended period of time would be a severe economic hardship and requests to be allowed to withdraw and new council from the conflict pool be appointed to represent the Defendant in this matter.

WHEREFORE, the Defendant, by and through his counsel, respectfully requests this Honorable Court issue an Order authorizing and allowing Stephen A. Menn, Esquire, to withdraw from further representation of the Defendant.

Respectfully Submitted,
STEPHEN A. MENN, ESQUIRE
Court-Appointed Counsel for Defendant,
Harlow Raymond Cuadra

Judge Denies Menn's Request... Again.

The Citizen's Voice reports that Luzerne County Judge Peter Paul Olszewski Jr. issued an order Wednesday denying attorney Stephen Menn’s formal request to leave the court-appointed team representing accused killer Harlow Cuadra.

Menn, who gave notice last month that he plans to resign from the county’s conflict counsel pool at the end of the year, filed a written “Petition to Withdraw as Conflict Counsel” last Wednesday, an hour before the Luzerne County Courthouse closed for a two-day Thanksgiving holiday.

Menn, who said the intense county workload — including five homicide cases — has precluded him from focusing on his private practice in West Pittston, first asked to be removed from the case during a pretrial hearing on Nov. 20.

“The issue for you to resign from your position with the county as conflict counsel and your request to withdraw as counsel on this case are separate and distinct,” Olszewski told Menn at the hearing.

“I have obligations to a lot of people in this case,” Olszewski said. “Those obligations begin with the lives of the two defendants and the family of the victim, who have been here at every proceeding.”

Another pretrial hearing is scheduled for today at 9 a.m. on a defense request to suppress statements and evidence collected after Cuadra and co-defendant Joseph Kerekes were arrested for the January 2007 killing of Bryan Kocis in Dallas Township.

Cuadra, 27, and Kerekes, 34, both of Virginia Beach, Va., face the death penalty and are scheduled to be tried together beginning Jan. 5.

The two men were originally scheduled to stand trial beginning Sept. 2, but the removal of two other attorneys, Mark Bufalino and Paul Galante, forced a postponement.

The departure of another attorney would delay the start of the trial for least six more months, Olszewski said at the Nov. 20 hearing.

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

Menn Files Petition to Withdraw as Counsel

The Citizens' Voice is reporting that while Luzerne County Judge Peter Paul Olszewski Jr. denied attorney Stephen Menn’s request last Thursday to leave the court-appointed team representing accused killer Harlow Cuadra, he advised Menn against pressing the issue with a written request or an appeal to a higher court.

“You can make any motion you want,” Olszewski said at a hearing on pre-trial motions and scheduling. “My obligation is that fairness prevail over this trial and that this case be tried in a timely and competent manner.”

Menn made the motion on Wednesday, filing a written “Petition to Withdraw as Conflict Counsel” an hour before the Luzerne County Courthouse closed for a two-day Thanksgiving holiday.

Menn, who gave notice two weeks ago that he plans to resign from the county’s conflict counsel pool at the end of the year, said the intense county workload — including five homicide cases — has precluded him from focusing on his private practice in West Pittston.

“(Since August), due to the economic turndown and being a solo practitioner, this attorney advised the president judge that he would be unable to be out of the office for four to six weeks, which is the anticipated time for jury selection, trial and penalty phase,” Menn said in the motion.

Cuadra, 27, and co-defendant Joseph Kerekes, 34, both of Virginia Beach, Va., are accused of fatally stabbing Bryan Kocis, a rival film producer, in Dallas Township in January 2007 and later setting fire to his Midland Drive home.

They face the death penalty and are scheduled to be tried together beginning Jan. 5.

Cuadra and Kerekes were originally scheduled to stand trial beginning Sept. 2, but the removal of two other attorneys, Mark Bufalino and Paul Galante, forced a postponement.

The departure of another attorney would delay the start of the trial for least six more months, Olszewski said last Thursday.

“That’s not going to happen,” Olszewski said.
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Meanwhile the Times Leader says an attorney for homicide suspect Harlow Cuadra has filed another petition to withdraw as co-counsel from the capital murder case against the Virginia man.

Attorney Stephen Menn filed court papers Thursday asking a judge to withdraw him from the case, citing economic hardship.

Menn said in court papers that Cuadra, 27, has agreed the appointment of a new attorney to represent him in this case would be in his best interest and agreed to sign a waiver to his right to a speedy trial.

Cuadra and co-defendant Joseph Kerekes, 34, are charged with homicide in the January 2007 death of Bryan Kocis, their rival in the gay porn industry. Police said Kocis, 44, was stabbed to death and his Midland Drive home set on fire.

At last week’s pre-trial hearing, Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. denied a petition by Menn to withdraw, stating he wouldn’t further delay the trial. The trial was moved from September to January after two other attorneys were withdrawn from the case. The trial is tentatively scheduled to begin Jan. 5.

Judge Denies Attorney's Request to Withdraw from Cuadra Defense Team

The Citizens' Voice reports that Attorney Stephen Menn will not be permitted to withdraw from the defense team representing accused killer Harlow Cuadra, despite his planned resignation from the county's conflict counsel pool, Luzerne County Judge Peter Paul Olszewski Jr. said Thursday.

"The issue for you to resign from your position with the county as conflict counsel and your request to withdraw as counsel on this case are separate and distinct," Olszewski said.

Cuadra and co-defendant Joseph Kerekes are charged with the January 2007 killing of Bryan Kocis in Dallas Township.

Their trial was scheduled to start on Sept. 2, but the withdrawal of two other attorneys, Mark Bufalino and Paul Galante, forced a delay until Jan. 5, 2009.

Another attorney departure would delay the trial at least six more months, Olszewski said.

Menn said he would file a formal motion to withdraw from the case and indicated he could appeal Olszewski's decision to a higher court.

"You can make any motion you want," Olszewski said. "My obligation is that fairness prevail over this trial and that this case be tried in a timely and competent manner."

"All I know is, you're in, you'll continue to be in and I know you'll be prepared and ready to go," Olszewski told Menn.

Update 11/21/08: The Times Leader also carries the story: A Luzerne County judge on Thursday denied an attorney’s request to be withdrawn from the capital murder case of two Virginia men charged in the January 2007 slaying of a Dallas Township man.

At a pre-trial conference held before Judge Peter Paul Olszewski Jr., attorney Stephen Menn said that because he is resigning from the county’s team of conflict counsel attorneys, he wishes to withdraw as co-counsel for murder suspect Harlow Cuadra.

“I will try this case in a timely and competent manner,” Olszewski told Menn. “Any motion (for withdrawal) is denied. I am not stopping this trial from happening on Jan. 5. … I have an obligation to this case, the defendants and the commonwealth.”

Menn said he will decide if he will appeal the ruling before a higher court.

Olszewski said that if he allowed Menn to withdrawal, it would delay the trial at least another six months. “You’re in. You’ll continue to be in, and I know you’ll be prepared for trial,” Olszewski said.

Previously, the trial was scheduled to begin in September but was continued to Jan. 5 after the withdrawal of attorneys Mark Bufalino and Paul Galante.

Cuadra, 27, and his co-defendant and partner, Joseph Kerekes, 34, both of Virginia Beach, are charged with homicide in the January 2007 death of their rival in the gay porn industry, Bryan Kocis, 44. Police said the two killed Kocis and then set his Midland Drive home on fire.

On Thursday, Olszewski also set a hearing date for Dec. 4 for prosecutors and defense attorneys to continue testimony on a motion to suppress evidence obtained from Kerekes’ vehicle on an unrelated Racketeer Influenced and Corrupt Organizations Act (RICO) case.

The hearing originally began in late September but was put on hold so that Cuadra’s attorneys, Menn and Michael Senape, could enter in a joint motion with Kerekes’ attorneys, John Pike and Shelley Centini.

Evidence seized from both the house and vehicle of Kerekes and Cuadra has been entered as evidence in the homicide case. Pike and Centini say Virginia authorities had no warrant for arrest, and Kerekes didn’t commit any motor vehicle offense that would authorize a traffic stop.

Assistant District Attorney Michael Melnick, who is prosecuting the case, said testimony from Detective Matthew Childress, of the Virginia Beach Police Department, needs to be completed, and that he will call an additional witness.

Prosecutors are seeking the death penalty for Kerekes and Cuadra if they are convicted.

Olszewski said that at the Dec. 4 hearing objections concerning evidence, including cell phone conversations and conversations between Kerekes and Cuadra in prison, will be discussed.

Olszewski said the trial should last about two weeks.

Jumping Ship?

Ever since Harlow Cuadra and Joseph Kerekes were brought to Pennsylvania to stand trial for the brutal murder of Bryan Kocis, they seem to have lost attorneys' faster than their prison-issued underwear:

October 13, 2007: Jonathan Blum & Al Flora Jr. - attorneys' for Joseph Kerekes.

July 9, 2008: Mark Bufalino and Paul Galante - Bufalino was an attorney for Kerekes, Galante for Cuadra.

November 15, 2008: Stephen Menn, an attorney for Harlow Cuadra.

After all that's happened... Joseph Kerekes still has two attorneys... but if Menn is allowed to leave, Harlow Cuadra may be left with only one attorney that's familiar with this case.

There appears to be something seriously wrong with this picture.

Harlow's Attorney to Resign From Conflict Counsel Pool

The Citizen's Voice is reporting that attorney Stephen Menn, a member of the court-appointed teams defending accused killers Hugo Selenski and Harlow Cuadra, gave notice Thursday that he will resign from the Luzerne County conflict counsel pool at the end of the year.

Menn, a member of the conflict pool since 1998, said last week he had grown frustrated with the system and the intense workload, which included simultaneously handling five homicide cases.

Menn, who also maintains a private practice in West Pittston and is the solicitor for Wyoming Borough, declined to comment when reached by telephone Friday and did not return telephone messages left at his office and his home later in the day.

Luzerne County District Attorney Jackie Musto Carroll said she had heard about Menn’s discontent with the system and murmurs that he was considering resigning.

“I’m sorry to hear that he did,” Musto Carroll said Friday.

Paul McGarry, the director of court administrative services, said Friday he was unaware of Menn’s resignation but that “it could be in the system somewhere” and had not yet reached his office.

President Judge Mark A. Ciavarella Jr. runs the conflict counsel system and will ultimately be responsible for accepting Menn’s resignation and hiring a replacement, McGarry said. Ciavarella did not return telephone messages Friday. The conflict counsel pool is a group of publicly funded attorneys assigned to cases when a defendant is unable to retain a private attorney and a public defender cannot be used because of a conflict of interest with another defendant or a witness.

Each of the 11 members of the pool earn an annual salary of $26,946.86 and full health benefits, according to county payroll records.

Menn, Pike, Mark Bufalino and Paul Galante are the only members of the conflict pool certified to handle death penalty cases like Selenski’s and Cuadra’s. The lead counsel on all death penalty cases must be certified under guidelines established by the state Supreme Court in 2003, Pike said.

Where's the Third Attorney?

With less than 2 months to go before the trial is scheduled to start, Harlow Cuadra and Joseph Kerekes still don't have their replacement attorney(s).

If you'll recall, Judge Peter Paul Olszewski Jr. agreed to dismiss Mark Bufalino, who represented Joseph Kerekes, and Galante, who represented Harlow Cuadra, because the two attorneys requested to be withdrawn from the case in July, due to a conflict that they both work in the same private law firm.

Possible replacements include the five attorneys left in the conflict counsel pool: Brian Corcoran, Joseph Cosgrove, Samuel Falcone Jr., Matthew Kelly and Gerald Wassil.

Olszewski asked President Judge Mark A. Ciavarella in July to appoint attorneys to fill the vacancies created by the removal of Bufalino and Galante, and as of now... no attorneys have been assigned.

Time certainly doesn't seem to be of the essence... I sure hope this doesn't wind up causing another trial delay.

An Open Response to Blogger Albert

"What cause was Demetrius Fannick fired for? The answer is no cause. Just suspicion. Nothing derogatory was proven, only accusations were made and for PPO that was good enough. He himself fired the only attorney Harlow himself had hired."

While as sensational as this may sound, it's simply not correct. Demetrius Fannick was removed from defending Harlow Cuadra due to his previous involvement with Joseph Kerekes. Here's the entire saga to that story (whether you or I agree, or disagree... PA law does trump our opinion):

Demetrius Fannick

"Observe who appointed and who subsequently fired the other attorney's."

In almost all of the cases... it was Judge Ciavarella who appointed counsel, but I'm not sure as to who 'fired' any attorneys (other than perhaphs themselves), since they were all removed due to conflict of interest.

"Whatever reason the State had for firing them would have been adequate reason for not hiring them in the first place. Still that hiring was done by the Stae of Pennsylvania through judical functionary."

To be fair, on every occasion, it was revealed that the conflict existed after-the-fact, usually by the defense attorneys themselves:

Joseph Kerekes Gets New Attorneys
DA: Get Cuadra Outside Counsel
A Potential Conflict Short-Circuts Hearing

"Now PPO wants to claim it is out of his hands? I fully expect this will figure significantly in the appeal process. As I have said so many times, 'Anywhere but Luzerne County.'"

It may very well be out of PPO's hands... and I'm sure it'll be used in the appeal process (assuming Harlow and Joe are found guilty). I mentioned months ago how long it takes for a capital murder trial to go from arraignment to trial... guess they should be happy they're not in N.Y., where it can take as long as 26 months.

"My question as to when and why another Judge was appointed to take over the responsibility of providing adequate representation is absolutely critical to this case. An assumption on yours or anyone's part is pointless, however well informed or intentioned."

Perhaps because that's the laws of PA. I guess my assumption would be no better than yours.

"This was a clearly investigated case. It is a case for the State to lose only by choice. Choices similar to the ones made in the much earlier Kocis case years ago. The investigators did their jobs in spades. The judiciary and the State of Pennsylvania will lose this of their own decision making."

Sounds like an assumption to me. :)

"Who put this other Judge in charge of this small portion of a capital case and under what authority?"

Judge Mark A. Ciavarella Jr. is the president judge, and apparently he's the 'decider'.

Note: I completely respect Albert's concern... so let's all have a friendly debate on the issue(s).

Cuadra Get's Third Attorney

Harlow Cuadra has been assigned his (new) third attorney... Thomas S. Cometa... after Paul Galante was removed during the previous hearing. Attorney Cometa represented Cuadra once before.

Also, several responses where filed today:

1. 07/21/2008 Defs Joint Relpy Brief to Comm's Brief In Opp to Motion to Suppress Search Warrant/Evidence filed.

2. 07/21/2008 Defs Joint reply Comm Brief In Opp Motion to Suppress 4-2007 Interceptions at Beach filed.

I'll have more later after I finish the Crab Catcher Transcripts.

Cuadra Gets New Counsel for Appeal

After reviewing the dockets for Harlow Cuadra's appeal of the Fannick issue, I happened to notice a new attorney listed as counsel:

Robert Michael Buttner

Scranton Bank Bldg 7th Fl
108 N Washington Avenue
Scranton, PA 18503

What's interesting is that there are now two dockets listed under Cuadra's appeal. The original docket is still there, and continues to list Harlow's already court appointed attorneys, while the new one was created on Friday, May 30, 2008. Not sure what's going on just yet, but will update this when I'm able to gather more information.

Update: Robert Buttner helps indigent defendants facing the death penalty in handling appeals to the state's Superior and Supreme courts, so it's highly unlikey he was hired/paid by Cuadra to do so, and yes... Mr. Buttner is now representing Harlow Cuadra for the appeal.

Fannick Will Defend Cuadra in Homicide Case

The Times Leader is reporting that homicide suspect Harlow Cuadra has a new attorney.

Attorney Demetrius Fannick on Monday filed court papers indicating he will be representing Cuadra in his homicide case in the death of Bryan Kocis, a gay porn producer.

Cuadra had been represented by public attorneys from outside the public defender’s office. Kerekes is also represented by public attorneys from outside the public defender’s office.

Fannick could not be reached Monday.

He is most known for his defense of homicide suspect Hugo Selenski. Prosecutors sought the death penalty for Selenski in the 2003 shotgun slayings of suspected drug dealers Frank James and Adeiye Keiler.

Selenski was cleared of those homicide charges after a jury trial in 2006. He was found guilty of abuse of a corpse for burning the men’s bodies.

Selenski is now awaiting trial in the deaths of pharmacist Michael Kerkowski and Tammy Fassett. Fannick is not representing Selenski in that case.

The Citizen's Voice also carries the story, and includes:

Fannick would not disclose how much Cuadra paid for his services or where those funds came from. Most of Cuadra's assets were seized through a separate legal proceeding.

But Cuadra and Joseph Manual Kerekes, his alleged accomplice, were trying to raise money for their defense on the Internet.

"I'm on board and it's my understanding this will be a trial," Fannick said. "I don't see any other way it's going to be resolved, unless the DA's office drops the charges. My client maintains his innocence."