Buy the Book...

' When he was called to testify in court, Joe Kerekes sat mute about the murder of Bryan Kocis. Outside of court, he told the authors of Cobra Killer that he and his partner Harlow Cuadra went to Pennsylvania with "a job to do" that included the murder of a key rival.'

Paperback:

• Amazon
• Barnes & Noble

eBook:

• Amazon
• Barnes & Noble
• iBooks/iTunes
• Kobo Bookstore
• Scribd.
• Indigo
• Tolino/eBook.de
• Inktera
• 24Symbols
• Playster

International Sales:

Paperback:

• Amazon.de (Germany)
• Amazon.ca (Canada)
• Amazon.fr (France)
• Amazon.co.uk (United Kingdom)
• Amazon.es (Spain)
• Amazon.it (Italy)
• Fishpond.com.au (Australia)

Brief Update...

1. Judge PPO has granted a prosecution request that Harlow Cuadra pay restitution for funeral expenses related to the death of Bryan Kocis... I'm fairly certain it'll be equal to the $2766.08 that Joe has already been ordered to pay.

2. 14 orders have been unsealed for Joseph Kerekes... but as of this post, none of the sealed orders filed by the DA's office have been unsealed... so it looks like we'll have to wait.

... more later.

Update @ 6:22 PM: Sources now tell me that PPO ordered that Cuadra pay $3,016.08 in restitution to Kocis' estate for funeral and estate expenses. The order also says that Joseph D'Andrea [Harlow's attorney] was in agreement with this figure.

Update @ 7:13 PM: I'm told that some of Joesph Kerekes' unsealed documents revealed that there was also some mention of him writing unsolicited letters to Demitrius Fannick. Fannick wanted that to stop.... he was not council of record...and Joe said that all Fannick ever wanted was money. PPO cautioned everyone, and spelled it out loud and clear for Joseph Kerekes that he needed to stop all the BS.

Update @ 9:50 PM: There was also a transcript of proceedings that were held behind closed doors with Joseph Kerekes and his attorneys Bufalino, Centini , etc... the hearing was because Bufalino wanted to make PPO aware that Joseph Kerekes was not following their advice, and is becoming his own worst enemy by communicating with both Renee Martin and Harlow Cuadra. His defense was that he needs to communicate with Renee Martin because she is his support financially, and his parents couldn't support him that way.

Update @ 03/25/2009: The Times Leader is reporting that Joseph Kerekes did a lot of talking and writing, so much that his lawyers raised concerns about it to a Luzerne County judge behind closed doors.

A transcript of the closed-door court hearing held Feb. 20, 2008, was one of several sealed court records in the Bryan Kocis’ homicide case that were opened to the public late Monday afternoon.

Attorneys Mark Bufalino, John Pike and Shelley Centini requested a closed hearing with Judge Peter Paul Olszewski Jr. in February 2008 to express concerns their client, Kerekes, was writing letters to Renee Martin, of Texas, and attorney Demetrius Fannick about defense strategy. At the time, Kerekes and Cuadra were facing the homicide charges.

The judge, the three attorneys, Kerekes, Olszewski’s law clerk, a court reporter and several sheriff deputies were the only people in the courtroom that was closed to the public and prosecutors.

According to the transcript of the hearing, Kerekes’ attorneys said they were in an awkward position and felt useless in defending Kerekes because they felt he was releasing confidential information. Pike told the judge that Kerekes had ignored their advice to keep quiet.

“There has been multiple third-party communications by our client with people involved and not involved with this case despite our significant warnings,” Pike said. “It has come to our attention that some of this information may have come into the hands of the District Attorney’s Office. …”

Authorities obtained the letters Kerekes had written to Martin, who formerly resided near Kerekes and Cuadra in Virginia Beach, Va. Kerekes also wrote a letter to Fannick, who, in turn, gave it to Pike.

“Attorney Fannick forwarded me a letter that he got from our client with the request that I inform our client not to communicate with him anymore, that (Fannick) is not his counsel,” Pike told Olszewski.

Fannick had met with Kerekes at least eight times at the Luzerne County prison, prior to Fannick’s brief representation of Cuadra. Fannick was eventually disqualified in March 2008 from representing Cuadra.

Olszewski warned Kerekes that releasing information protected by the attorney-client privilege would jeopardize his defense. Kerekes responded, according to the transcript, that he understood Olszewski’s warnings.

Bryan Kocis' Sister Comments...

Bryan Kocis' sister Melody was gracious enough to comment on my blog earlier today, and after reading her comment, I feel that it's only appropriate to make it a separate post (I certainly hope the family doesn't mind me doing so):
---

After reading this blog, and living this nightmare for the past 2 years, I feel compelled to say something now that the gag order is lifted and the trial is over.

It has been a long horrible road. I’ve lost my best friend/brother to a crime that was so brutal, thoughtless and senseless that it makes me sick. It should have never happened. Our family will never be the same again, he was the best son, brother and uncle anyone could ever ask for. He never once disrespected any of us. No one deserves to die like Bryan did, and no family deserves to go through what we have.

I have read PC’s blog for the past two years and appreciate the accuracy of his posts. It truly amazed me how some people would blog and think their opinions were fact, or some bloggers believed lies from others and accepted that as fact. I’ve regretted not being able to speak out for my brother, but I know people will believe what they want anyway.

Those of us who have been fortunate to be in Bryan’s life know what a kind, caring, loving, generous and loyal person he was, and for those of you who didn’t know him it’s your loss. Bryan was a good, honest person in a bad, dishonest business. He was known for giving everyone the benefit of the doubt. Bryan made mistakes, but he was a victim of horrible crime, and it was sad how many people forgot that.

Sean Lockhart was Bryan’s biggest mistake. He cared for Sean very much, and Sean did nothing but hurt him. I was with Bryan when Sean told him he wasn’t coming back to finish his contract with Cobra, and that he was starting his own company. Bryan just bought him a car. I will never forget how upset Bryan was. Unfortunately Bryan is not here to tell his side of the story. Bryan also told me how he made up with Sean before he died, and because Sean was a very good witness and helpful to the case I will let go of the past. I know Sean and Grant did not commit this murder, and my family appreciates their testimony.

I am very grateful to Bryan’s good friends who have been there for us since the beginning, and I hope to stay close with them in the future. They have been a huge source of comfort.

When I spoke with Robert I was disappointed Harlow didn’t received the death penalty, but after thinking about how much weight Harlow lost to “look the part” for this trial I realized how he will be eaten alive in State Prison. Joe looked horrible after a couple of months, but at least he still had some muscle on him to defend himself. Harlow won’t be able to do that. I also like Robert’s postcard idea...lol!!!

I would also like to add that at least Joe had the decency to apologize to us for not stopping the murder, and he didn't make us go through a trial. Harlow thought the twelve jurors would believe his lies like others did, but he was very wrong. We felt sorry for his family until they were very disrespectful and mean to us and the jury. His dysfunctional upbringing is not an excuse for what he did to my brother.

Bryan had a wonderful childhood, he had a family that cared deeply about him, and we never spent anytime apart…..until this. After watching my parents cry hysterically holding their son’s ashes, and having to go through his burnt belongings or just the crime itself, it is just sad Harlow couldn’t apologize to us, but that just goes to show you who and what he really is. He only cares about himself.

I couldn’t possibly name everyone, but I would like to thank everyone that helped bring this case to justice and for those that supported us. We will never forget.

Melody

Harlow Cuadra's Trial... Penalty Phase Day 1 Overview

The Times Leader reports Joyce Kocis had to be helped from the witness stand after telling the Luzerne County jury about how generous her son, Bryan, was in the community.

“He was the type of person that did things for people,” a tearful Joyce said on Friday. “We heard stories after that happened about the generosity he would do.”

Her son was killed inside his Midland Drive, Dallas Township, home that was set ablaze on Jan. 24, 2007.

Two men from Virginia Beach, Va., Harlow Cuadra and Joseph Kerekes, were charged for Kocis’ murder.

Kerekes, 35, pleaded guilty in December to second-degree murder and is serving life in prison.

Cuadra, 27, was convicted by the jury on Thursday of first-degree murder and 11 other charges. The same jury is deciding whether Cuadra should be sentenced to life in prison without parole or be executed.

Kocis’ father, Michael Kocis, told the jury he hasn’t slept a full night in the last 26 months, and blames his son’s murder for his declining health.

“We were very close,” Michael said. “He was my hunting partner who saved my life when I had my heart attack.”

Michael told the jury that he taught Bryan how to drive a vehicle with a stick-shift transmission, and worked three jobs to put his son through college.

Bryan donated money to the Make-A-Wish Foundation and to an unwed mother who couldn’t afford Christmas presents for her children, Michael said.

Bryan’s dream was to build a waterfront home at Ice Lakes in Rice Township where he owned property, Michael said, and open a restaurant.

“That was the type of person he was, very generous,” Michael said.

Michael said he felt like an “intruder” and cried when he stood alone in his son’s burned out home.

The jury was shown a Kocis family picture standing at the Empire State Building in New York City. Bryan took the family to New York in a limousine for the July 4th weekend in 2006.

“He showed us the best time of our lives,” Michael said. “I miss him dearly.”

Assistant district attorneys Michael Melnick, Shannon Crake and Allyson Kacmarski are attempting to convince the jury that Cuadra should receive the death penalty because he stole items from Kocis’ home during a robbery and set Kocis’ home on fire that endangered firefighters.

Computer equipment, two Sony digital cameras and a Rolex watch were missing from Kocis’ home.

Joyce and Michael testified to the emotional pain and grief they continue to endure since their son’s murder.

Melnick said firefighters had a difficult time extinguishing the blaze. Windows were busted and two holes were cut in the roof to ventilate the heat and smoke, Melnick said.

“The heat was terrible, we really didn’t have any visibility,” Dallas firefighter Michael James Hawk testified on Friday.

Hawk was part of three search teams that entered Kocis’ home because firefighters were told by neighbors the home was occupied and a vehicle was parked in the driveway.

Hawk said he crawled on his hands and knees up the stairs to search the second floor.

“Something happened to my equipment, my face mask,” Hawk told the jury. “All of a sudden, I started breathing in smoke, tasting smoke.”

“With the smoke and heat … there was a danger there,” Dallas firefighter Timothy Rismondo testified.

Rismondo said when Kocis’ body was found, firefighters believed he succumbed to the smoke.

Melnick said Kocis suffered a slashed neck that nearly decapitated him and 28 stab wounds.

Meanwhile, over at the Citizens' Voice... three parents testified Friday — two remembering a son lost to murder; the other begging jurors to spare her son’s life.

Testimony concluded Friday in the penalty phase of Harlow Cuadra’s capital homicide trial.

The jury of eight men and four women will hear closing arguments Monday before deciding if Cuadra deserves the death penalty for Bryan Kocis’ murder. Cuadra was found guilty Thursday of first-degree homicide and 11 other charges in Kocis’ Jan. 24, 2007, murder at Kocis’ Dallas Township home.

Kocis was a generous and caring son, his mother and father said. He donated to numerous charities, served as a deacon at his church and was an Eagle Scout. Kocis, 44, was his parents’ “first and only son,” a hunting buddy and devoted uncle to his niece and nephew, they said.

He “would drop everything to help me out,” Kocis’ father, Michael Kocis, said.

Cuadra killed Kocis, prosecutors say, because he was a rival producer of pornography. Cuadra and his former partner and lover Joseph Kerekes plotted to kill Kocis in order to lure a model to the gay pornography Web site they operated in Virginia Beach, Va.

Kocis had plans, his father said, to open up a restaurant at his lake property.

“He wanted to run the best restaurant in the Valley,” he said. “His goal was by 2008.”

That goal was cut short when Kocis’ life ended, his father said. In the time he was alive, Kocis went out of his way to help people, his father said.

One time, the elder Kocis remembered, his son knew of a single mother who couldn’t afford presents for her children at Christmas. He bundled several gifts and left it at the doorstep, never taking credit, Michael Kocis said.

“That’s just the way he was,” he said.

Michael Kocis gripped a handkerchief and stopped to cry several times as he testified.

“I’m going to try to get through this,” he told jurors before answering questions.

Kocis’ mother, Joyce, cried through her testimony, detailing the pain her son’s death caused. Kocis’ parents haven’t slept a full night in the 26 months since their son’s brutal stabbing death, they said. They’ve returned to Luzerne County Courthouse for countless hours of hearings related to the murder.

Cuadra’s mother, Gladis Zaldivar, testified in Spanish and a court worker translated her words for the jury. Wiping away tears, she had one last remark for jurors before finishing her testimony.

“Before he was born, I fought for his life,” she said looking at the jurors. “And I fight for his life now. That is all I can say.”

Cuadra wiped away tears as his mother testified.

The same jury that convicted Cuadra on Thursday, will have to weigh Friday’s testimony in determining if Cuadra deserves death. The prosecution’s two aggravating factors — the robbery and the arson charges against Cuadra in Kocis’ killing — have to be considered along with the defense’s mitigating circumstance. Four prosecution and nine defense witnesses testified Friday. In addition to Kocis’ parents, two firefighters testified about the blaze at Kocis’ Midland Drive home the night of his death. That arson, prosecutor’s allege, risked the lives of firefighters and should be considered as a reason to issue the death penalty.

Five family members, including his mother, testified on behalf of Cuadra, as did a friend. They recounted Cuadra’s childhood and how his stepfather sexually molested him for years.

Cuadra’s mother read a letter her former husband supposedly sent to Cuadra. Cuadra had joined the Navy when he was a teenager to get away from his stepfather. In the letter, which his mother accidentally found in 2000, Cuadra’s stepfather discussed sexual acts he wanted to perform on Cuadra. Cuadra’s mother divorced him after discovering what her husband was doing.

“It’s embarrassing,” she said sobbing. “I’m sorry … I didn’t know. I didn’t know.”

Cuadra left the Navy and hadn’t returned home for more than five years when his siblings found his MySpace Web site. Cuadra was afraid they would be ashamed because he was homosexual and worked in pornography, his older brother Jose Cuadra testified. But they were able to reunite in early 2007.

“We didn’t care about that,” Jose Cuadra said. “I was just happy to have my brother again.
---
The Times Leader also has an additional story about yesterday's hearing... an e-mail on the Web social networking site MySpace reunited Harlow Cuadra with his family after nearly five years of being separated.

Cuadra testified earlier in the week that he kept away from his relatives because he felt ashamed he’s gay. Once they were reunited, his family rallied to support him after his arrest for the murder of Bryan Kocis in Dallas Township more than two years ago.

They testified in Luzerne County Court on Friday trying to convince the jury to spare his life.

Cuadra, 27, of Virginia Beach, Va., was convicted by the jury on Thursday for killing Kocis, 44, inside Kocis’ residence on Jan. 24, 2007. The same jury that found him guilty of first degree murder and 11 other charges will determine if Cuadra should be sentenced to life in prison or be executed.

Assistant District Attorney Michael Melnick and Cuadra’s attorneys, Joseph D’Andrea and Paul Walker, are set to give closing arguments on Monday before the jury deliberates Cuadra’s future.

Cuadra’s mother, Gladis Zaldivar, and his sister, Melissa Zaldivar, 19, have attended every day of the trial including jury selection since Feb. 17. Since Monday, his brothers, Jose Cuadra, 28, and David Bizizuela, 16, have attended court proceedings. They all reside in Greenville, S.C.

Jose Cuadra and Bizizuela told the jury that they found Harlow on MySpace in early 2007, after not hearing from him since early 2002.

Bizizuela sent Harlow an e-mail and got a reply, “Sorry, I don’t know any 14-year olds.”

They were reunited after Jose sent Harlow an e-mail, Jose said.

“I found out in 2007 on MySpace that Harlow was involved in gay porn,” Jose testified. “I sent Harlow an e-mail to meet up.”

Harlow invited Joseph Kerekes, his lover and partner in a male escort business and production of gay pornographic Web based movies, to meet the family, Jose said.

“It was weird at first but he’s my brother. He was scared that we would reject him because he’s gay. He’s my brother,” Jose testified.

“I didn’t care about that, him being gay,” Bizizuela testified. “I was happy to get my brother back.”

Bizizuela said he last saw Harlow when he was 9 years old.

Jose told the jury about the financial hardship and troubled childhood they endured while residing in Florida. Jose said they resided in a tiny, windowless apartment, slept on the floor without a mattress and had only one ball to play with.

“We were living on welfare, living on food stamps; it was bad,” Jose said.

Their mother, Gladis, remarried in April 1995. Their stepfather provided financial support but wanted something in return, Walker said.

“(Stepfather) had a fixation with him, Harlow,” Jose said.

Jose said the stepfather would send him to the store so he could be alone with Harlow, who was sexually abused for about 10 years. Jose said he left home when he was 16 years old when the stepfather grabbed him.

Gladis Zaldivar, who needed an English interpreter for her testimony, told the jury that she caught her husband molesting Harlow. She immediately left him taking her children, but her husband begged her to forgive him.

After reading a letter her husband wrote to Harlow, who had enlisted in the U.S. Navy in January 2000, Gladis learned her husband continued to have feelings for Harlow.

Harlow last spoke to his mother in early 2002 and felt embarrassed when she found out he was gay. It would be five years until he next spoke to his family.

“You don’t know how much I missed you,” a crying Gladis told Harlow on Friday.

Melissa Zaldivar said the first time she saw Harlow after five years was at a court hearing in Virginia Beach, Va., after his arrest in May 2007 for Kocis’ murder.

“Harlow told us he was afraid we would reject him because he was in the pornography business and he was gay,” Melissa testified.

Melissa also recalled her childhood that she called “happy” until her mother and father divorced.

“My brother (David) and I were on MySpace and we went to search for him (Harlow),” Melissa said. “Jose logged on and sent Harlow an e-mail and he called.”

Karen Stanton, a civilian employee with the Department of the U.S. Navy, testified about Harlow’s military service.

Harlow signed a delayed enlistment contract on Aug. 26, 1999, and reported for duty on Jan. 13, 2000, Stanton said.

Harlow committed to serve eight years and was trained as a hospital corpsman. While stationed in Norfolk, Va., Harlow met Kerekes in an on-line chat room.

Kerekes, 35, convinced Harlow to leave the Navy and helped pay for an attorney to expedite the process.

Harlow requested to separate from the Navy due to being a homosexual, Stanton said.

She said Harlow was honorably discharged after serving two years, 11 months and eight days in the Navy.

"I don’t mean this in a bad way, but it is a straight man’s military," Harlow testified on Tuesday when he took the witness stand against his lawyers advice.

Harlow moved in with Kerekes and joined him running a male escort business. Escorting turned into producing gay pornographic films as a “hobby,” Harlow said, on the Internet.

Kerekes took over the Web site after it made several hundred dollars, Harlow said.

Investigators said Kocis was killed because Cuadra and Kerekes considered him their main rival in the adult film production industry, and wanted to work with adult film actor Sean Lockhart, who was a contract actor for Kocis’ company, Cobra Video.

Cuadra Trial... Day 13 Overview

The Citizens' Voice reports that Harlow Cuadra’s 5-foot-9-inch frame sunk into his wooden chair as the jury foreman read six words.

“Homicide in the first degree. Guilty.”

Cuadra, 27, sobbed on the witness stand a day earlier, telling jurors he didn’t kill Bryan Kocis at his Dallas Township home. Thursday, a shocked gaze replaced tears.

Jurors deliberated 3 hours and 34 minutes to reach a unanimous verdict — guilty on all 12 charges, including arson, abuse of corpse and corruption. It took prosecutors 10 days to present their case, that Cuadra killed Kocis, a rival pornography producer, to advance the gay pornography Web site he operated with Joseph Kerekes in Virginia Beach, Va.

Today the jury of eight men and four women will reconvene for the penalty phase to decide if Cuadra deserves life in prison or death.

Behind Cuadra in county Judge Peter Paul Olszewski Jr.’s courtroom, an aisle separated two families fighting through different emotions.

More than two years after their son and brother was stabbed to death, Kocis’ family found justice Thursday. They sat through countless court hearings in the case to determine who killed the 44-year-old Kocis at his Midland Drive home on Jan. 24, 2007.

Kocis’ father wiped his eyes. Kocis’ mother collapsed into his chest as the verdict was read. The two hugged tightly, trembling each time “guilty” was read.

Family members refrained from commenting after the verdict. But as it was read, Kocis’ mother raised her eyes upward and whispered, “Thank God.” Kocis’ father croaked out a “thank you” to prosecutors as they approached the family.

Cuadra’s mother and sister tried not to cry. They bowed their heads as “guilty” was repeated, but stayed silent until Olszewksi instructed jurors to report today for the penalty phase. Then Cuadra’s mother burst into tears. She continued crying as she left the courtroom.

“My son is a victim! My son is a victim!” she shouted walking toward the basement exit. “I need my son!”

Cuadra’s family has maintained his innocence, believing Kerekes, Cuadra’s former lover and business partner, was the real killer.

During deliberations, Cuadra’s sister, Melissa, said her mother was “hanging on by a thread” from the stresses of the case. The 19-year-old from Greenville, S.C., said the family believes he was manipulated by Kerekes.

“We’ve believed in Harlow since the beginning that he’s innocent,” she said. “We know him.”

Some of those family members will likely take the stand today during the penalty phase. The prosecution will present aggravating factors that make the homicide more heinous. Jurors will weigh those against the defense’s mitigating circumstances, or reasons his life should be spared. Defense will likely call family members and a mitigation expert to cut through the two aggravating factors — the robbery and the arson charges.

One of those factors could be dropped if jurors believe Cuadra acted as an accomplice and not Kocis’ direct killer. Issuing the death penalty to an accomplice in a capital case is much more difficult, several attorneys said.

Before reaching a verdict, jurors asked Olszewski whether they could convict Cuadra of first-degree homicide if he was an accomplice and didn’t actually slit Kocis’ throat.

Olszewski reread the first-degree homicide statute to the jury, which says a defendant can be found guilty of first-degree murder, when he did not cause the murder directly, if he was an accomplice in the murder.

Testimony in Cuadra’s trial dragged through 12 days, as nearly 90 prosecution witnesses testified and hundreds of pieces of evidence were presented. Just two people testified for the defense, and only Cuadra’s testimony was substantial.

Kerekes, Cuadra’s former lover and coconspirator in the crime, was supposed to testify but changed his mind Tuesday after he took the stand.

He pleaded guilty in December to second-degree homicide and is serving a life sentence. In his plea, Kerekes, 35, said Cuadra alone slit Kocis’ throat.

Cuadra’s testimony had too many holes in it, said two of the three alternate jurors, who heard all the testimony but were released before the jury began deliberations.

The two men both said they had trouble believing parts of Cuadra’s story. Cuadra testified Kerekes had set up a meeting with Kocis, with a fake model name “Danny Moilin,” the night Kocis was killed. Cuadra said he thought the meeting, which he attended, was a potential video shoot with Kocis’ well-known company Cobra Video. It was a way to increase attention for their Web site, Cuadra said, but in the middle of the meeting, Kerekes stormed in the house and slashed Kocis’ throat.

“It seems like he didn’t finish his thoughts,” alternate juror four Francis Kopko said. “Some of it seemed credible and then you wondered about some aspects.”
---
According to the Times Leader, Harlow Cuadra slumped in his chair when he heard the jury foreperson say “guilty,” convicting him for the brutal slaying of Bryan Kocis in January 2007.

The verdict, which came after more than three hours of deliberation on Thursday, carries 12 convictions, including first-degree homicide. The jury will return today to determine whether Cuadra, 27, should be sentenced to death or spend the rest of his life in prison.

Cuadra showed little emotion other than slumping in the chair. He appeared withdrawn and said nothing when escorted out of the Luzerne County Courthouse about an hour after the jury found him guilty.

His mother, Gladis Zaldivar, cried uncontrollably yelling out, “Joseph Kerekes, Joseph Kerekes, he is the killer, not my son.” She also yelled out in Spanish as she left the courthouse.

Cuadra was convicted for killing Kocis, 44, who was found dead with a slashed neck and 28 stab wounds inside his Midland Drive, Dallas Township, residence that was set ablaze on Jan. 24, 2007.

Investigators said Kocis was killed because Cuadra and his lover and business partner, Joseph Kerekes, considered him their main rival in the gay adult film production industry, and wanted to work with adult film actor Sean Lockhart, who was a contract actor for Kocis’ company, Cobra Video.

Kerekes, 35, pleaded guilty in December to second-degree murder and is serving life in prison.

Kocis’ parents, Michael and Joyce Kocis, tightly embraced one another as the verdicts were read just after 2 p.m. inside the crowded courtroom. They hugged District Attorney Jacqueline Musto Carroll and lead prosecutor Assistant District Attorney Michael Melnick prior to exiting the courtroom.

They declined comment after Thursday’s proceeding.

Before the verdict was announced, Judge Peter Paul Olszewski Jr. ordered sheriff deputies to remove anyone who causes an outburst in the crowded courtroom. Three sheriff deputies stood in the aisle, three stood near Cuadra and two stood near the door.

As the jury foreperson read the verdict, Cuadra’s mother shook her head “No” as she leaned forward.

Melnick, who along with assistant district attorneys Shannon Crake and Allyson Kacmarski, refused comment due to a court-imposed gag order.

Cuadra’s attorneys, Joseph D’Andrea and Paul Walker, also declined comment. They consoled Cuadra after the verdict was announced.

Dallas Township police, state police at Wyoming and county detectives said Cuadra and Kerekes planned to kill Kocis by sending Cobra Video an actor’s application under the name Danny Moilin on Jan. 22. Two days earlier, the pair purchased background information through USA People Search that provided Kocis’ address, telephone number and names of neighbors.

Kocis invited Moilin to his home on Jan. 24.

Authorities learned Cuadra and Kerekes rented a 2006 Nissan XTerra and purchased a knife, a .38-caliber handgun and ammunition at a pawn shop in their hometown of Virginia Beach, Va., on Jan. 23. They checked in later that day at the Fox Ridge Inn in Plains Township and drove past Kocis’ home that night.

Investigators traced a number of e-mails and cell phone calls Kocis received to Cuadra and Kerekes, including an e-mail account that was used to send the actor’s application on Jan. 22.

The Yahoo! e-mail was never used after Kocis’ murder.

Melnick said the two began planning the murder after meeting Lockhart and his business partner, Grant Roy, at the Adult Video News expo in Las Vegas, Nev., in mid-January 2007.

A federal civil lawsuit Kocis filed against Lockhart, Roy and their production company LSG Media, reached a verbal settlement at the AVN expo. The settlement required Cobra Video to receive 20 percent of revenue earned from sales involving movies involving Lockhart.

During dinner at the Le Cirque restaurant at the Bellagio, Roy and Kerekes talked about producing movies involving Lockhart and Cuadra.

Cuadra was the only witness to testify in his defense compared to 86 witnesses called by prosecutors during 12 days of testimony.

Cuadra blamed Kerekes for killing Kocis. He said he was inside Kocis’ residence talking to him when a jealous Kerekes stormed inside and slashed Kocis’ throat with a knife. Melnick said Kocis was nearly decapitated.

After Kocis’ murder, Cuadra and Kerekes fled their Virginia Beach home and stayed for about 45 days in South Beach, Fla. They met Roy and Lockhart in San Diego, Calif., on April 27 and April 28 where investigators intercepted two conversations through recording devices carried by Roy.

It was during conversations among the four men, Melnick said, that Cuadra and Kerekes made admissions to the murder.

Cuadra claimed he was scared of Kerekes, who was described during the trial as the more dominant one in their relationship.

The jury is expected to hear testimony from Kocis’ family, Cuadra’s family and likely psychiatrists before it deliberates Cuadra’s punishment of life in prison without parole or death.

Olszewski said he will have the jury deliberate until a verdict is reached today. If the jury is unable to reach a unanimous decision for the death penalty, Olszewski is mandated by law to sentence Cuadra to life in prison without parole.
---
Web sites, blogs abuzz following Cuadra conviction

The Citizens' Voice is reporting, do an Internet search for Harlow Cuadra and the first thing that pops up about the murdering male escort and gay pornography actor is a video of him lifting weights. You’ll find various pictures of him posing shirtless, kissing men and in prison jumpsuits.

Then there are links to news Web sites and blogs dedicated to the underground gay porn industry that have fixated on Cuadra’s sensational murder case.

The same online world Cuadra wanted to dominate — as an actor, producer and escort — Thursday was quick to react to the fall of the former rising porn star who killed one of the industry’s proven leaders, his rival Bryan Kocis, in a jealous rage.

As word spread Thursday that a Luzerne County jury convicted Cuadra of premeditated murder, gay news sites and blogs around the world, from Advocate.com to Gaywired.com, quickly posted the unfolding drama as their top story.

Gaywired.com declared the “27-year-old wannabe porn star” was guilty.

XBIZ Newswire, a wire service for adult entertainment news, reported: “Harlow Cuadra — an escort, adult producer and Web site entrepreneur — has been found guilty of first-degree homicide.”

“Harlow & Joe … On Trial,” a blog that has been posting live updates and commentary based on local news reports, had more than 25 comments within two hours of the verdict, not one in support of Cuadra.

Porn and escort Web sites Cuadra and his admitted killer co-defendant Joseph Kerekes operated are no longer active. Various Web sites dedicated to Cuadra’s innocence, such as www.freeharlowcuadra.com remain active, but activity on the sites has been limited. Friends of Cuadra and Kerekes initially tried to use the sites to sell merchandise for the duo to pay their attorneys.

Cobra Video’s Web site, a premier gay pornography site featuring young-looking men, which Kocis owned and ran, continues to operate and solicit models. It is unknown who now operates the site, which was lucrative.

It was Cuadra’s fascination to become as successful as Kocis that led him and Kerekes to a devise a plot to kill their rival, prosecutors alleged.
---
Additional Reports:

Citizens' Voice: Kocis neighbors satisfied with verdict.
Times Leader: Cuadra murder trial quotes.

Cuadra Trial in Homicide of Porn Rival Kocis Arrives

Ed Lewis from the Times Leader reports that it was more than two years ago – January 24, 2007 – when Dallas Township firefighters found the body of Bryan Kocis inside his burned-out Midland Drive home.

An autopsy showed Kocis, 44, suffered a slashed neck that nearly decapitated him. After he was killed, Kocis was stabbed more than 30 times in the torso and legs, the autopsy revealed.

Investigators immediately determined the fire was intentionally set to cover up the homicide.

After Kocis’ body was found, authorities began a time-consuming investigation that took them to three states interviewing witnesses and following two men: Harlow Cuadra and Joseph Kerekes. .

Cuadra, 27, and Kerekes, 35, both from Virginia Beach, Va., were charged in May 2007 with killing Kocis, whom they considered their main rival in the gay pornography movie industry. Kocis operated Cobra Video, and Cuadra and Kerekes produced Internet-based movies.

Kerekes pleaded guilty in December for his alleged role in Kocis’ murder, and was sentenced to life in prison without the chance of parole.

The more than two-year investigation is nearing an end as the capital murder trial of Cuadra begins Tuesday with jury selection.

Recently filed court records indicate the trial before Judge Peter Paul Olszewski Jr. is scheduled to last until March 13.

A number of witnesses from across the country received subpoenas from the district attorney’s office to testify during the trial. Among them are porn industry figures Grant Roy and Sean Lockhart of San Diego, Calif., and Renee Martin of Fort Worth, Texas, described by prosecutors as a business associate of Cuadra and Kerekes. They are considered key witnesses for prosecutors as they attempt to show the motive behind Kocis’ killing.

Assistant district attorneys Michael Melnick, Shannon Crake and Allyson Kacmanski are expected to play to the jury recorded conversations Cuadra and Kerekes had with Roy and Lockhart, and recorded jailhouse phone calls between the two men and Martin.



At least two conversations were recorded by investigators in San Diego where Cuadra, Kerekes, Roy and Lockhart talked about payments “under the table” to avoid paying Cobra Video.

A federal civil lawsuit Kocis filed against Roy, Lockhart and their production company, LSG Media, was settled out of court days before Kocis was killed. The settlement required Cobra Video to receive 20 percent of revenue earned from sales involving movies involving Lockhart, who formerly worked for Kocis’ company.

During a pre-trial hearing in July, Crake said the “ultimate motive” to Kocis’ homicide was Cuadra and Kerekes wanted to produce movies with Lockhart, but the civil settlement stood in their way.

After Cuadra and Kerekes were arrested and jailed in May 2007, they had three-way telephone conversations with Martin, according to court records.

Transcripts of the recorded jailhouse phone calls, which were filed in court, revealed the three made up an alibi story that they called Plan B.

Plan B consisted of Kerekes, rooming at the Fox Ridge Inn in Plains Township and composing an e-mail to an escort client while Cuadra traveled to Kocis’ home under the premise he was auditioning to become a Cobra Video model. Cuadra was to claim he fled the Midland Drive home after smelling smoke and seeing a body inside the residence, according to court records.

Prosecutors alleged in court records the three formed plan B as an alternative to other alibi stories that also were false. Court records say investigators also intercepted several e-mails from Cuadra and Kerekes that sought help from clients in their male escort business, asking their clients to tell investigators that they were performing services in Virginia Beach hotels.

Mitch Halford, a long-standing escort client residing in Atlanta, Ga. who received a subpoena, told investigators that he was with Cuadra the night Kocis was killed, according to court records, but later recanted, saying he saw Cuadra once during a two-week span in late January 2007.

Prosecutors and Cuadra’s attorneys, Joseph D’Andrea and Paul Walker, will pick the jury pool individually, meaning, each potential juror will be asked a series of questions about their opinions on the death penalty and homosexuality. Both sides will have several opportunities to challenge when a juror is selected.

Four days is scheduled for jury selection.

KOCIS CASE TIMELINE

Jan. 24, 2007: Prosecutors say Bryan Kocis, 44, was killed inside his Dallas Township home that was then set on fire.

Feb. 2, 2007: Investigators release photo of a man known as Drake, which later turned out to be Harlow Cuadra.

April 2007: Investigators intercept conversations between Cuadra, Joseph Kerekes, Grant Roy and Sean Lockhart in San Diego, Calif. It was during these conversations where Cuadra and Kerekes discuss the Kocis murder, prosecutors say.

May 15, 2007: Investigators charge Cuadra and Kerekes with Kocis’ homicide. They are arrested in Virginia Beach, Va.

July 17, 2007: Cuadra and Kerekes are transferred from Virginia Beach to Luzerne County to face criminal homicide charges.

July 18, 2007: During a jailhouse interview, Kerekes says Cuadra was at Kocis’ home, but denies they took part in the homicide.

Oct. 1, 2007: Prosecutors file notice they intend to seek the death penalty for Cuadra and Kerekes.

Dec. 16, 2008: Judge Peter Paul Olszewski Jr. allows attorneys Michael Senape and Stephen Menn to withdraw from representing Cuadra; they are replaced by attorneys Joseph D’Andrea and Paul Walker.

Dec. 18, 2008: Kerekes pleads guilty to second degree murder, and is sentenced to life in prison without parole.

[PC Notes: Kerekes pleaded guilty on Dec. 8, 2008... not Dec. 18, 2008 as reported by the Times Leader.]

Some Interesting Results...

During the past week, I ran a poll asking if you thought Joeseph Kerekes would be called as a witness for Harlow Cuadra's trial... surprisingly, this was the first poll I've conducted that had such a wide margin:

35% saying yes for the prosecution.
42% saying no.

I personally voted yes for the prosecution, and here's why:

Though Joseph Kerekes stated: "I absolutely will not testify for the state case against Harlow" after his plea... I'll believe it when I see it. Joe's been known to make such grandiose statements to the press before... only to backtrack later... and I think he'll do it again.

While any conditions of Joe's plea are sealed... one has to wonder if there was a 'deal' made... guess we'll see shortly... Harlow's trial starts a week from today.

Meanwhile... what made you choose your vote?

More Bills for Joe

The Times Leader reports that a Luzerne County judge signed court papers Tuesday ordering Joseph Kerekes to pay $200 for mitigation services provided by a Brooklyn, N.Y., firm.

Kerekes, 34, was sentenced on Dec. 8 to life in prison after he pleaded guilty to second-degree murder in the killing of Bryan Kocis, 44, in January 2007.

Kocis was found dead inside his burning home on Midland Road, Dallas Township. An autopsy determined Kocis was stabbed more than 30 times, arrest records indicated.

Investigators alleged Kerekes and Harlow Cuadra, 27, both of Virginia Beach, Va., killed Kocis, whom they considered a rival in the gay pornographic movie industry.

Cuadra is awaiting a Feb. 17 trial on homicide charges.

Kerekes’ attorney, John Pike, asked that $200 be paid to Lang & Kaboski, Forensic Social Work Services, LLP, which provided mitigation services to Kerekes in November and December.

Court papers say the firm performed work that included phone calls to Kerekes’ family members and attorneys, as well as reviewing file and prison records.

Luzerne County Court of Common Pleas Judge Peter Paul Olszewski signed the order allowing payment.
----

Note from PC: Just wanted to correct a few details in this Times Leader report... Kerekes is 35, and Bryan Kocis was stabbed 28 times.

Harlow Cuadra's Trial... Step 2

Harlow Cuadra's trial is still scheduled to begin on February 17, 2009, for the brutal slaying of Bryan Kocis. Earlier this month, I did a post that went over the steps that will be taken before... and during... jury selection for Harlow's trial.

The following is a list of rules that take place once the jury has been selected:

Conduct of Jury Trial:

I. Swearing the Trial Jury to Hear the Cause
II. Consent to Be Tried by Less Than Twelve Jurors
III. Sequestration of Trial Jurors
IV. View by Jury
V. Note Taking by Jurors
VI. Seating and Discharge of Alternate Jurors
VII. Material Permitted in Possession of the Jury
VIII. Request for Instructions, Charge to the Jury, and Preliminary Instructions
IX. Verdicts
X. Sealed Verdict

Source: Commonwealth of Pennsylvania Code

Swearing the Trial Jury to Hear the Cause

Rule 640. Swearing the Trial Jury to Hear the Cause

(A) After all jurors have been selected, the jury, including any alternates, shall be sworn as a body to hear the cause.

(B) The following oath shall be administered:

‘‘You do solemnly swear by Almighty God and those of you who affirm do declare and affirm that you will well and truly try the issue joined between the Commonwealth and the defendant(s), and a true verdict render according to the evidence.’’

Consent to Be Tried by Less Than Twelve Jurors

Rule 641. Agreement to be Tried by Fewer Than Twelve Jurors.

In all cases, at any time after a jury of 12 is initially sworn and before verdict, the defendant and the attorney for the Commonwealth, with approval of the judge, may agree to a jury of fewer than 12 but not fewer than 6. Such agreement shall be made a part of the record. The verdict in such a case shall have the same force and effect as a verdict by a jury of 12.

Sequestration of Trial Jurors

Rule 642. Sequestration of Trial Jurors.

(A) The trial judge may, in the judge’s discretion, order sequestration of trial jurors in the interests of justice.

(B) When sequestration is ordered, each juror, including any alternate, shall be sequestered from the time of acceptance as a juror until discharged.

(C) Nothing is paragraph (B) shall prevent a trial judge from ordering sequestration, or vacating the order of sequestration, at any time during a trial when the interests of justice require.

View by Jury

Rule 643. View by Jury.

(A) The trial judge may in the judge’s discretion order a view by the jury.

(B) The trial judge, the attorney for the Commonwealth, the defendant and defendant’s attorney shall be present at the view, except as provided in Rule 602.

Note Taking by Jurors

Rule 644. Note Taking by Jurors.

(A) When a jury trial is expected to last for more than two days, jurors shall be permitted to take notes during the trial for their use during deliberations. When the trial is expected to last two days or less, the judge may permit the jurors to take notes.

(1) The jurors shall not take notes during the judge’s charge at the conclusion of the trial.

(2) The court shall provide materials to the jurors that are suitable for note taking. These are the only materials that may be used by the jurors for note taking.

(3) The court, the attorney for the Commonwealth, and the defendant’s attorney, or the defendant if unrepresented, shall not request or suggest that jurors take notes, comment on the jurors’ note taking, or attempt to read any notes.

(4) The notes of the jurors shall remain in the custody of the court at all times.

(5) The jurors may have access to their notes and use their notes only during the trial and deliberations. The notes shall be collected or maintained by the court at each break and recess, and at the end of each day of the trial.

(6) The notes of the jurors shall be confidential and limited to use for the jurors’ deliberations.

(7) Before announcing the verdict, the jury shall return their notes to the court. The notes shall be destroyed by court personnel without inspection upon the discharge of the jury.

(8) The notes shall not be used as a basis for a request for a new trial, and the judge shall deny any request that the jurors’ notes be retained and sealed pending a request for a new trial.

(B) The judge shall instruct the jurors about taking notes during the trial. At a minimum, the judge shall instruct the jurors that:

(1) the jurors are not required to take notes, and those jurors who take notes are not required to take extensive notes;

(2) note taking should not divert jurors from paying full attention to the evidence and evaluating witness credibility;

(3) the notes merely are memory aids, not evidence or the official record;

(4) the jurors who take few or no notes should not permit their independent recollection of the evidence to be influenced by the fact that other jurors have taken notes;

(5) the jurors may not show their notes or disclose the contents of the notes to other jurors until deliberations begin, but may show the notes or disclose the contents during deliberations;

(6) the jurors may not take their notes out of the courtroom except to use their notes during deliberations; and

(7) the jurors’ notes are confidential, will not be reviewed by the court or anyone else, will be collected before the verdict is announced, and will be destroyed immediately upon discharge of the jury.

Seating and Discharge of Alternate Jurors

Rule 645. Seating and Discharge of Alternate Jurors.

(A) Alternate jurors, in the order in which they are called, shall replace principal jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties.

(B) An alternate juror who does not replace a principal juror shall be discharged before the jury retires to consider its verdict.

Material Permitted in Possession of the Jury

Rule 646. Material Permitted in Possession of the Jury.

(A) Upon retiring, the jury may take with it such exhibits as the trial judge deems proper, except as provided in paragraph (B).

(B) During deliberations, the jury shall not be permitted to have:

(1) a transcript of any trial testimony;

(2) a copy of any written or otherwise recorded confession by the defendant;

(3) a copy of the information;

(4) written jury instructions.

(C) The jurors shall be permitted to have their notes for use during deliberations.

Request for Instructions, Charge to the Jury, and Preliminary Instructions

Rule 647. Request for Instruction, Charge to the Jury, and Preliminary Instructions.

(A) Any party may submit to the trial judge written requests for instructions to the jury. Such requests shall be submitted within a reasonable time before the closing arguments, and at the same time copies thereof shall be furnished to the other parties. Before closing arguments, the trial judge shall inform the parties on the record of the judge’s rulings on all written requests. The trial judge shall charge the jury after the arguments are completed.

(B) No portions of the charge nor omissions therefrom may be assigned as error, unless specific objections are made thereto before the jury retires to deliberate. All such objections shall be made beyond the hearing of the jury.

(C) After the jury has retired to consider its verdict, additional or correctional instructions may be given by the trial judge in the presence of all parties, except that the defendant’s absence without cause shall not preclude proceeding, as provided in Rule 602.

(D) The trial judge may give instructions to the jury before the taking of evidence or at anytime during the trial as the judge deems necessary and appropriate for the jury’s guidance in hearing the case.

Verdicts

Rule 648. Verdicts.

(A) Upon retiring to deliberate, the jury shall select one of its members as foreman.

(B) The verdict shall be unanimous, and shall be announced by the foreman in open court in the presence of a judge, the attorney for the Commonwealth, the defendant and defendant’s attorney, except as provided in Rule 602.

(C) If there are two or more defendants, the jury may report a verdict or verdicts with respect to those defendants, upon which it has agreed, and the judge shall receive all such verdicts. If the jury cannot agree upon a verdict with respect to all of the defendants, the verdicts which have been received shall be recorded.

(D) If there are two or more counts in the information or indictment, the jury may report a verdict or verdicts with respect to those counts upon which it has agreed, and the judge shall receive and record all such verdicts. If the jury cannot agree with respect to all the counts in the information or indictment if those counts to which it has agreed operate as an acquittal of lesser or greater included offenses to which they cannot agree, these latter counts shall be dismissed. When the counts in the information or indictment upon which the jury cannot agree are not included offenses of the counts in the information or indictment upon which it has agreed, the defendant or defendants may be retried on those counts in the information or indictment.

(E) If there are two or more informations or indictments, the jury may report a verdict or verdicts with respect to those informations or indictments upon which it has agreed, and the judge shall receive and record all such verdicts. If the jury cannot agree with respect to all the informations or indictments, if those informations or indictments to which it has agreed operate as an acquittal of lesser or greater included offenses to which they cannot agree, these latter informations or indictments shall be dismissed. When the informations or indictments upon which the jury cannot agree are not included in the offenses of the information or indictment upon which it has agreed, the defendant or defendants may be retried on those informations or indictments.

(F) If there is a summary offense joined with the misdemeanor, felony, or murder charge that was tried before the jury, the trial judge shall not remand the summary offense to the issuing authority. The summary offense shall be disposed of in the court of common pleas, and the verdict with respect to the summary offense shall be recorded in the same manner as the verdict with respect to the other charges.

(G) Before a verdict, whether oral or sealed, is recorded, the jury shall be polled at the request of any party. Except where the verdict is sealed, if upon such poll there is no concurrence, the jury shall be directed to retire for further deliberations.

Sealed Verdict

Rule 649. Sealed Verdict.

(A) Upon the consent of all parties the judge may permit the jury to seal its verdict.

(B) The sealed verdict shall remain in the custody of the foreman of the jury who shall bring it to the next session of court stated by the trial judge. Once a verdict is sealed, the jurors may separate, but all jurors must return to open court to render the jury’s verdict, with all parties present.

(C) If upon the poll of a jury there is no concurrence with a sealed verdict, the judge shall not accept the verdict, but shall declare a mistrial and discharge the jury.

Joseph Kerekes' Blog Returns....

For several months now, Joseph Kerekes' so-called 'blog' has been offline (URL not found), and now all of a sudden it's back...

Gotta love this statement from 02/08:

"For all of you who seem to want to banter on about plea deals there are no deals now or in the future. I will be going to trial and I am innocent! I have three great lawyers that will help me through this process. Please have faith in me and this process."

Interestingly, it's still accepting donations too... even though he's already pleaded guilty to second-degree murder... go figure.