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.

Joseph Kerekes: Inmate #HW4382

Joseph Kerekes has officially left Luzerne County, and is now living at SCI Camp Hill, which is just across the river from Harrisburg, PA. Here... Joe will spend the next four to six weeks undergoing the standard diagnostic and classification process, where he'll be tested for mental, physical, and emotional problems so that he can receive a correctional plan (more about the procedure can be found here).

Once this is completed, Joe will be given a classification level, and it will then be determined at which facility he'll carry out his life sentence.

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.

Joe Get's His Court Bill

When Joseph Kerekes pleaded guilty last week to second-degree murder, Judge Peter Paul Olszewski Jr. sentenced him to life in prison without parole, and also ordered Joe to pay $2766.08 in funeral costs to the estate of Bryan Kocis, and $250 for the homeowner’s insurance deductible. Kerekes was also ordered to pay court costs, which at the time was unknown. Well that bill just came in yesterday, and it totals $655.73.

Plea Part 2?

Apparently the buzz around the courthouse is that Harlow Cuadra might be working on a plea deal now... guess we'll see... stay tuned.

Update @ 12/16/08 10:43 AM: Then again... maybe not. Apparently they're full steam ahead on the way to trial, at least from the prosecution point of view. Melnick is meeting at 11 am today with PPO and the new attorney, D'Andrea, to discuss the suppression matters and presumably the switch of attorneys. Melnick encouraged Senape to attend.

Life Sentence has Benefits, Lawyers Say

An article in today's Citizens' Voice reports... when Joseph Kerekes stood before a judge last week and pleaded guilty to murder, he assured himself of a life in prison rather than risk being sentenced to death if he went to trial.

Luzerne County Judge Peter Paul Olszewski Jr. summed up the finality of his plea: “Mr. Kerekes, you’re essentially giving up your life in society as you know it. In an instant, you will not be a free man for the rest of your life.”

It’s a monumental decision to make — accept a life sentence without a trial or put your life in the hands of a jury.

Some prominent local defense attorneys — none affiliated with the Kerekes plea — say there are benefits in taking such a plea, notably avoiding the misery of death row and possible execution. Life-term prisoners at least get to eat, exercise and associate with general population inmates, along with being able to work and take educational courses, they say. Death row inmates spend 23 hours per day in solitary confinement.

Although he won’t face death or death row, Kerekes’ plea ensures the 34-year-old will never see the outside world again. He will die in jail for his role in the slaying of rival gay pornography producer Bryan Kocis of Dallas Township.

“It’s the hardest thing we do — to advise a client to spend the rest of his life in prison,” said Basil Russin, Luzerne County’s chief public defender. “You have to say, ‘You have this defense, but a jury is not going to buy that defense. You could take the chance, but this is not going to fly and you’re going to lose and end up on death row.’”

Kerekes’ attorneys are barred from publicly speaking about the case because of a court-imposed gag order, so it’s not clear why he chose to plea. At last week’s guilty plea, attorneys said Kerekes implicated his romantic partner and co-defendant, Harlow Cuadra, 27, as the one who physically stabbed and slashed Kocis to death. But he admitted his role in the plot to travel to Luzerne County from Virginia Beach, Va. to “eliminate and kill” Kocis.

Cuadra did not accept a plea and his death penalty trial is expected to begin early next year.

Attorney Demetrius Fannick, who has won acquittals for several high-profile murder suspects, most notably Hugo Selenski, and also has advised clients to take such pleas, said the specifics of each case differ, but the importance does not.

“It’s a daunting task to have that responsibility to defend someone in that situation. There aren’t any higher stakes,” he said. “You advise them of the good points and bad points of their defense. Usually one outweighs the other. At the end of the day, the decision to plead guilty or proceed to trial rests with the defendant. It’s his life and his choice.”

Fannick said some clients would rather risk the death penalty than not giving themselves a chance at acquittal or a lesser sentence than life.

“Some don’t view the death penalty as any deterrent at all. They say, ‘If I’m going to spend the rest of my life in prison, I might as well get the death penalty and die. I might as well take a chance (at trial),’” he says.

Attorney Al Flora Jr. has been at the forefront of the longest death penalty saga in county history regarding the death sentence of mass murderer George Banks. He has visited Banks numerous times on death row and has developed a breadth of knowledge to advise clients on their best option.

“Death row is pretty tough. You’re in solitary and have an hour a day for exercise. It’s a tough life. Whereas when you’re just doing life, assuming you’re not a problem, you’ll be out in general population,” he said.

Deciding whether to plea is a lengthy process in which you spend hours analyzing the strengths and weaknesses of the case, along with aggravating and mitigating circumstances in a defendant’s life that are considered in a death penalty phase, Flora said.

“It’s not an easy thing taking a defendant through the process in capital murder cases. It comes down to the decision of the defendant. That’s why in cases like this (Kerekes), Judge Olszewski went through a lengthy guilty plea colloquy to make sure the plea is voluntarily entered, that no one forced him, that he understands the charges he’s pleading to. It’s very difficult any time you’re representing a client facing the death penalty.”

Was Joe's Plea Really a Surprise?

Then:

From Joe's jailhouse confessions (Part 1): RODDEN further stated that on another occasion, KEREKES stated that he was drinking at the Fox Ridge Inn and at one point “passed out”, as though he might utilize that as a defense. KEREKES stated; “they wont be able to get me for murder. Harlow went out to meet the guy, and he wont say anything about it, because I told him not to. I’ll get out in five years and make tons of money off of this”. RODDEN hypothesized that KEREKES was going to testify against CUADRA and, “get a deal”.

In conclusion, RODDEN stated that although KEREKES never confessed to killing the victim, “he (KEREKES) pretty much told me how him and that other guy (CUADRA) did it”. RODDEN further hypothesized that KEREKES “probably put the kid (CUADRA) up to it, and now he’s gonna try to hang him out to dry. I think he (KEREKES) was at (the victim’s) house though, whether he did the stabbing or not. He (victim) didn’t deserve to be treated like that”.

Joe's jailhouse confessions (Part 2): It should also be noted that RIGGS hypothesized that KEREKES played more of a role in the victim’s murder, however according to RIGGS it was apparent that KEREKES was attempting to make CUADRA appear to be more criminally culpable in this case to “take the fall” if someone was going to.

... and from Joe's jailhouse confessions (Part 3): TOLLEY related KEREKES said he and “the other guy” killed some guy because of competition. TOLLEY added KEREKES kept saying, “him (KEREKES) and the other guy killed the guy in Pennsylvania.” KEREKES also said he was turning States evidence against the other Dude.

Now:

Melnick said Kerekes told them Cuadra decided to “eliminate” Kocis, purchased a .38-caliber gun and knife from a Virginia Beach pawn shop and rented an SUV to drive to Pennsylvania. Melnick said Kerekes and Cuadra traveled together and Kerekes said he paid cash for a room at the Fox Hill Inn because the motel had no security or surveillance. They paid for the room in cash so they could not be tracked.

Melnick said Kerekes told them the two did surveillance on the Kocis home prior to the homicide, and that Kerekes participated in e-mail correspondence sent to Kocis before his death. Kerekes told attorneys he was aware Cuadra intended to kill Kocis, and the lighter fluid and lighters used to set the blaze were purchased at Wal-Mart.

Kerekes said he stayed at the motel while Cuadra went to the Kocis home. When Cuadra returned, he said he had murdered Kocis and set the home ablaze, according to Kerekes. Prosecutors said Kocis’ throat was slashed to the point his death was ruled homicide by decapitation.

Kerekes told attorneys Cuadra returned with several items belonging to Kocis, including a Rolex watch, camcorders, tapes, computers and Kocis’ cell phone. They discarded the murder weapon and some of Kocis’ belongings.
---

My conclusion: While things certainly didn't work out the way I'm sure Joe would have liked for them to... I guess we could have seen this coming. No wonder the Prosecution doesn't want Joe to testify... it would be an absolute mess.

Though Joe won't be testifying against Harlow Cuadra at trial... I've heard from two different sources that some 'interesting' things came out in Joe's ellocution, that apparently requires more investigating. Perhaps in the end, Joe will still get the last laugh.

Joseph Kerekes: Written Plea [Part 2]

Joseph Kerekes: Written Plea [Part 1]

So What Happens to Joseph Kerekes Now?

Now that Joseph Kerekes has pleaded guilty to second-degree murder for the brutal slaying of Bryan Kocis, he'll be spending the rest of his natural life behind bars. So what's he got to look forward to... well... within the next 6 days... this:

WHAT HAPPENS WHEN A PERSON IS INCARCERATED IN A PENNSYLVANIA STATE PRISON?

When an inmate enters into the Department, the diagnostic and classification process begins. This means that the inmate is tested for mental, physical, and emotional problems so that he can receive a correctional plan. It also shows the inmate’s strengths, such as his education, skills, and emotional stability.

A male inmate coming into the Department will go through the State Correctional Facility at either Graterford, Pittsburgh, or Camp Hill; however, every man is classified at the Diagnostic and Classification Center in Camp Hill. The whole diagnostic and classification process takes about four to six weeks. A newly committed inmate is separated from the general population inmates during this time.

When an inmate first arrives into the Diagnostic and Classification Center the Reception staff does the following:

• looks over the identification of the new inmate,
• makes sure all the paperwork is in order, and
• calculates what the inmate's sentence should be, based on the length of the sentence, how much time the inmate has already served and other factors.

The inmate is searched to make sure that no contraband is being brought into the facility. He is photographed and fingerprinted. The inmate will also get special clothing that identifies him from a general population inmate as a new, unclassified inmate.

The inmate is assigned a corrections counselor and is given his first cell assignment. He will also get an Inmate Handbook which explains the rules about inmate behavior, inmate grooming, telephone calls and religious programs.

Many tests are performed before putting the inmate in population with other inmates. The initial medical screening rules out obvious medical problems, emotional problems, and TB. The staff also give tests that tell if the inmate has a mental illness. The inmate takes IQ tests and tests that measure educational achievement. A new inmate will also take a test that tells if he has a problem with drugs or alcohol and how serious the problem is.

The inmate is also interviewed by other treatment professionals. Interviews by corrections counselors, psychologists, drug and alcohol treatment specialists, chaplains, educators, and medical staff help to decide what treatment or education the inmate needs and how closely he needs to be supervised. An inmate covered by the DNA Detection of Sexual and Violent Offenders Act are required to have a blood sample taken, which is sent to the Pennsylvania State Police (PSP).

CLASSIFICATION AND CUSTODY LEVEL

After all the tests and interviews are completed, the inmate is assigned a custody level. The custody level determines the amount of security needed to manage the inmate. In addition, a Needs Assessment is completed which tells the prison staff what needs the inmate’s needs are in treatment and education.

The find out what needs the inmate has and to determine what custody level is right for him, the Pennsylvania Additive Classification Tool (PACT) is used. The PACT is a series of questions, and each question’s answer has a score that when added together given a total that tells what custody level is recommended for that inmate.

The inmate may be assigned a custody level of 2, 3, or 4. Custody level 2 means that the inmate is suitable for a minimum security facility. Custody level 3 is medium security and custody level 4 is close security. There are special situations where the inmate may need less security or much more security than is available in these 3 levels.

Custody level I is only used for an inmate being placed into a Community Corrections Center. Custody level 5 is used for an inmate who needs maximum security and is placed in the Restricted Housing Unit (RHU), Special Management Unit (SMU), and Long-Term Segregation Unit (LTSU). If the inmate needs to be in one of these custody levels, the corrections counselor will request what is called a classification override. If the Department’s Central Office agrees that it is justified, the inmate will receive the special custody level.

When all of this is completed, a Classification Summary is developed for use by the staff at the facility in working with the inmate. The summary includes the following information: a photo, description of what the inmate looks like, problem areas, an official version and an inmate version of the crime, criminal history, how the inmate functioned during his time in prison, education and work history, social history, medical information, the inmate’s sentence, custody level and needs assessment information.

The Classification Summary makes sure that the prison staff has a complete picture of the individual inmate. This is important in order for the inmate to get the most benefit from his time spent in prison and helps the classification counselor know what the inmate needs as far as treatment and education.

When the Classification Summary is complete, the facility staff meet and decide which facility best meets the educational, treatment, and security needs of the inmate. One factor that is considered is whether the inmate has enemies in a facility who may wish to harm him so that the inmate can be kept safely away from them. The facts of the report of enemies must be verified. Another factor that decides placement is where space is available at that time.

The inmate’s custody level is reviewed with him every year of his sentence. If the inmate maintains proper behavior, works and actively participates in recommended programs, he will generally be assigned to the less restrictive housing. If the inmate achieves custody level 2 for 12 months and is within two years of parole review, he can apply to the Unit Management Team in his facility for consideration for a promotional transfer to his home region. A life sentenced inmate in custody level 2 and 3, who completed ten years of his sentence and meets the criteria may apply for promotional transfer to his home region. The inmate must comply with promotional level 2 criteria to apply for a hardship transfer.

Source: Prison Handbook for Families and Friends

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.

Joseph Kerekes to Serve Life in Prison

The Citizens' Voice is reporting that Joseph Kerekes turned his head toward the left side of the courtroom Monday, cast his gaze at the area where the jurors would have been had he gone to trial, and listened to the family that sat in judgment in their place.

“We will never forgive nor will we ever forget what Mr. Kerekes did to this family,” Michael Kocis said after Kerekes pleaded guilty to second-degree murder and other charges in the January 2007 killing of his son, Bryan Kocis.

Minutes later, Luzerne County Judge Peter Paul Olszewski Jr. sentenced Kerekes to life in prison without parole, the mandatory term for a second-degree murder conviction, and an additional 56 months to 112 months in state prison and 24 months probation for the other charges: criminal conspiracy, evidence tampering and theft by unlawful taking.

“I’m very sorry,” Kerekes said, turning away from Olszewski.

Kerekes, 34, of Virginia Beach, Va., entered into a tentative plea agreement with prosecutors around 11 p.m. Sunday, after more than nine hours of negotiations at the state police barracks at Wyoming, with details and documents being worked out into Monday morning.

Kerekes’ attorneys, John Pike and Shelley Centini, first approached prosecutors about a possible plea three weeks ago and renewed their efforts after a pretrial hearing on evidence suppression last Thursday.

Kerekes, 34, and co-defendant Harlow Cuadra, 27, also of Virginia Beach, faced the death penalty and were scheduled to stand trial Jan. 5. Cuadra refused a plea agreement.

Kerekes said he will not testify against Cuadra.

Olszewski accepted Kerekes’ guilty plea after questioning him for more than an hour, gauging his understanding of the process that led to the agreement, and the sentence that he faced.

“Mr. Kerekes, you’re essentially giving up your life in society as you know it,” Olszewski said. “In an instant, you will not be a free man for the rest of your life.”

Kerekes completed a written guilty plea colloquy and signed a plea agreement that also bears the signatures of his attorneys and Assistant District Attorneys Michael Melnick and Shannon Crake.

Kerekes, wearing a green Luzerne County Correctional Facility jumpsuit, handcuffs and shackles, stood next to his attorneys and prosecutors as he affirmed his plea — nodding and saying “yes” as Olszewski read each of the five charges to which he had agreed to plead.

During the negotiations at the state police barracks Sunday, Kerekes gave a statement “to develop a factual basis for the plea,” Melnick said.

Kerekes told prosecutors he and Cuadra viewed Kocis, a rival producer of gay pornographer, as an “impediment to the expansion of their pornography business,” Melnick said.

“They decided to eliminate and kill Bryan Kocis,” Melnick said.

According to Kerekes, Cuadra ordered an online background check of Kocis days before the murder, sent e-mail messages and photographs to Kocis, placed telephone calls to him on a cell phone purchased and used only to call Kocis, and rented a vehicle that was seen by witnesses in Kocis’ driveway around the time of the killing.

Cuadra wrote to Kocis posing as an inexperienced pornographic film actor named “Danny Moilin” and used the character as a ruse to gain a private meeting with Kocis, 46, who led a nearly reclusive life in Dallas Township, Kerekes said.

Cuadra went alone to Kocis’ home on Midland Drive while Kerekes stayed at the Fox Ridge Inn in Plains Township, Kerekes said. Cuadra allegedly slashed Kocis’ neck, nearly decapitating him, and stabbing his torso nearly 30 times and later setting fire to his Midland Drive home.

Cuadra returned to the motel in the rented vehicle and the two men fled to Virginia, Kerekes said.

Investigators found links between Cuadra, Kerekes and the killing in a February search of the Virginia Beach, Va., home where the alleged killers lived, including two Sony digital video cameras that had been taken from Kocis’ home.

“This was the most catastrophic and momentous event that ever happened to the Kocis family,” Melnick said. “They are seeking closure. It has been a tough road.”
---

Meanwhile, according to the Times Leader... when Harlow Cuadra returned to a Plains Township motel where he and Joseph Kerekes had been staying in January 2007, he told Kerekes he had followed through on their plans: the murder of Bryan Kocis, Kerekes told attorneys in recent days.

Kerekes, who pleaded guilty on Monday to charges stemming from his role in Kocis’ death, also said Cuadra stole a number of items from Kocis’ Dallas Township home. Kerekes said he and Cuadra disposed of the murder weapon and a few of Kocis’ personal belongings.

Kerekes, 34, of Virginia Beach, Va., was sentenced to life without the possibility of parole on the charge of second-degree murder. Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. also sentenced Kerekes on four related charges.

Cuadra, 27, and Kerekes were charged with the Jan. 24, 2007, stabbing death of Kocis, their rival in the gay porn industry. They were scheduled to stand trial together in January, but Kerekes entered a guilty plea agreement with prosecutors after discussions during the last week.

Cuadra is still scheduled to stand trial next month.

Attorneys and family members could not comment on the case because of a court-imposed gag order. Michael Kocis, the victim’s father, spoke before the sentencing and expressed gratitude toward prosecutors and authorities for their hard work in bringing some closure.

“We will never forgive and we will never forget what Mr. Kerekes has done to this family,” Michael Kocis said.

Kocis’ mother and sister also spoke in court and cried as they said they were thankful for some closure, and that the family was glad Kerekes had come to terms with what happened.

Kerekes did not speak before being sentenced but cried when Olszewski read the charges. As he was leaving the courthouse, Kerekes said he “absolutely will not testify for the state against Harlow (Cuadra)” at the trial.

Assistant District Attorney Michael Melnick said he and Assistant District Attorney Shannon Crake, as well as Kerekes and his attorneys, John Pike and Shelley Centini, met several times during the past four to five days, including Sunday, to discuss the plea.

Melnick said Kerekes told them Cuadra decided to “eliminate” Kocis, purchased a .38-caliber gun and knife from a Virginia Beach pawn shop and rented an SUV to drive to Pennsylvania. Melnick said Kerekes and Cuadra traveled together and Kerekes said he paid cash for a room at the Fox Hill Inn because the motel had no security or surveillance. They paid for the room in cash so they could not be tracked.

Melnick said Kerekes told them the two did surveillance on the Kocis home prior to the homicide, and that Kerekes participated in e-mail correspondence sent to Kocis before his death. Kerekes told attorneys he was aware Cuadra intended to kill Kocis, and the lighter fluid and lighters used to set the blaze were purchased at Wal-Mart.

Kerekes said he stayed at the motel while Cuadra went to the Kocis home. When Cuadra returned, he said he had murdered Kocis and set the home ablaze, according to Kerekes. Prosecutors said Kocis’ throat was slashed to the point his death was ruled homicide by decapitation.

Kerekes told attorneys Cuadra returned with several items belonging to Kocis, including a Rolex watch, camcorders, tapes, computers and Kocis’ cell phone. They discarded the murder weapon and some of Kocis’ belongings.

Kerekes was sentenced to an additional 56 months on charges of conspiracy to commit robbery, theft by unlawful taking, tampering with physical evidence and conspiracy to commit tampering with physical evidence. Olszewski ordered Kerekes to pay more than $2,500 in funeral costs to the estate of Kocis, and $250 in homeowner’s insurance.

“Essentially, you’ve given up your life,” Olszewski said. “You will not be a free man ever again.”
---

Joe's Sentence:

Joseph Kerekes to Take Plea Bargain

Accussed murder suspect Joseph Kerekes is expected to accept a plea bargain within the hour. He arrived at the courthouse around 11:00 AM, and the hearing/meeting is scheduled to begin around 11:45 AM.

More shortly.

Update @ 11:42 AM: The Citizens' Voice reports that Joseph Kerekes, one of the two men charged with the January 2007 killing of Bryan Kocis, is expected to plead guilty today to second degree murder in exchange for life without parole, attorneys involved in the case said.

A hearing is scheduled for 11:45 a.m. before Luzerne County Judge Peter Paul Olszewski Jr. Kerekes, 34, and co-defendant Harlow Cuadra, 27, faced the death penalty and were scheduled to stand trial Jan. 5.

The plea agreement materialized after a pretrial hearing on evidence suppression last Thursday, with details and documents being worked out over the weekend and into the morning today.

Update @ 12:25 PM: The Times Leader also reports that one of two men charged with killing gay porn producer Brian Kocis pleaded guilty this morning to second degree murder and several other charges.

Joseph Kerekes, 34, entered the plea before Luzerne County Judge Peter Paul Olszewski Jr.

Kerekes and a co-defendant, Harlow Cuadra, 27, were charged in May 2007 with killing Kocis, their rival in the gay porn video industry, inside his Dallas Township home in January 2007.

Police said Kerekes and Cuadra, both of Virginia Beach, stabbed Kocis to death, then set his home on fire to try to cover up the crime.



Update @ 1:12 PM: Citizens' Voice is reporting that Joseph Kerekes, one of the two men charged with the January 2007 killing of Bryan Kocis, has pleaded guilty to second-degree murder and other charges in exchange for life without parole, attorneys involved in the case said.

Kerekes entered into a plea agreement with Luzerne County prosecutors late Sunday night and affirmed his plea just after noon today during a hearing before Judge Peter Paul Olszewski Jr.

Kerekes, 34, and co-defendant Harlow Cuadra, 27, faced the death penalty and were scheduled to stand trial Jan. 5.

The plea agreement materialized after a pretrial hearing on evidence suppression last Thursday, with details and documents being worked out over the weekend and into the morning today.

Kerekes and his attorneys met with prosecutors at the State Police barracks at Wyoming and gave a statement "to develop a factual basis for the plea," Assistant District Attorney Michael Melnick said.

Kerekes told prosecutors he and Cuadra viewed Kocis, a rival producer of gay pornographer, as an "impedement to the expansion of their pornography business," Melnick said.

"They decided to eliminate and kill Bryan Kocis," Melnick said.

Kerekes completed a written guilty plea colloquy and signed a plea agreement that also bears the signatures of his attorneys, John Pike and Shelley Centini, and prosecutors.

Kerekes stood with his attorneys and prosecutors as he affirmed his plea, nodding and saying "yes" as Olszewski read each of the six charges to which Kerekes had agreed to plead.

Kocis' family watched from the jury box on the left side of the courtroom as Kerekes entered his plea. District Attorney Jackie Musto Carroll and First Assistant District Attorney Jeffrey Tokach looked on from a section of chairs behind an empty defense table on the right side of the room.

Beside the murder charge, Kerekes pleaded guilty to charges of criminal conspiracy to commit robbery, conspiracy to tamper with physical evidence, tampering with physical evidence, theft by unlawful taking.

Update @ 1:32 PM: According to the Citizens' Voice, Joseph Kerekes, one of the two men charged with the January 2007 killing of Bryan Kocis, was sentenced just after 1 p.m. today to a mandatory term of life in prison without parole after pleading guilty to second-degree murder and other charges.

Kerekes entered into a plea agreement with Luzerne County prosecutors late Sunday night and affirmed his plea just after noon today during a hearing before Judge Peter Paul Olszewski Jr.

Olszewski accepted the plea after more than an hour of questions for Kerekes, gauging his understanding of the process that led to the agreement, and the sentence that he faced.

Olszewski sentenced Kerekes to the mandatory life sentence and a combined 56 months to 112 months in state prison and 24 months probation to be served consecutive to the life sentence.

Since Kerekes will serve a life term, the additional time was a formality that could be considered if Kerekes petitions a future governor for a pardon, Olszewski said.

Update @ 4:45 PM: WNEP reports that Kerekes refuses to testify against Cuadra. "I absolutely will not testify for the state case against Harlow," Kerekes said after his plea. Cuadra's trial is set to start January 5.

Update @ 5:02 PM: WNEP 5:00 PM Live News states that Kerekes said that "Cuadra had murdered Bryan Kocis and set his home ablaze".

More Interesting Developments...

Off the record confirmation from attorneys close to the case that one or both defendants are working out a plea agreement with documents being prepared this morning. A meeting or hearing is scheduled for around 11:30 AM with PPO, with a possible news conference to follow.

Stay tuned...

Update @ 8:47 AM: Rumor has it that Harlow Cuadra and/or Joseph Kerekes will accept 2nd degree murder and life in prison w/o parole.

Update @ 11:12 AM: Looks like just Kerekes. He arrived at the courthouse a few minutes ago. It's supposed to happen at 11:45.

Will the Prosecution Accept Their Plea?

While we've all speculated on whether a plea-deal would even be entertained by Harlow Cuadra and Joseph Kerekes, I asked the above question to a court insider... here's their answer:

"As a prosecutor, metaphorically speaking, if Melnick sees a clear path to the end zone, why would he even think to kick a field goal? A plea to first degree (pass) or second degree (run) would guarantee the same style result - life in prison (a touchdown) whereas a third degree plea might let them out in 15-20 years (a field goal). In the scheme of Melnick doing his job - and to a greater degree, DA Jackie Musto Carroll keeping hers, going soft on a pair of perceived ruthless killers won't be looked on approvingly by Luzerne County voters. If there's a chance that both or one could walk, a deal might look better for the prosecutors... Perhaps there's something to the idea that one will flip. Kerekes was trying to talk with Cuadra from across the courtroom for several minutes during the hearing last week. Kerekes showed up in his usual prison garb while Cuadra was dudded up like Ira Glass from "This American Life."

Some Interesting 'Nuggets'...

The 'nuggets' I've heard aren't all completely verified, but I'm working on tying some of it together:

1. Before the trial is set to start, prosecutors are going to take another run at Cuadra and Kerekes for a plea bargain - guilty pleas in exchange for life in prison. Prosecutors don't want Harlow Cuadra and Joseph Kerekes coming to them in the late stages of a costly trial, asking for mercy and a plea bargain when it appears they are headed for a conviction and the death penalty.

2. The trial is expected to cost in excess of $125,000-$250,000. That's an estimate based on past large-scale trials (the folks I spoke to weren't too specific). Think about it, though. Flying in all of the witnesses and paying for their accommodations and meals, utilizing the experts and evidence analysis, plus the amount of time prosecutors and investigators must devote to the case.

3. The prosecution bill does not include investigatory costs, such as the seven trips to Virginia Beach made by Pennsylvania State Police, the Black's Beach undercover operation, etc. (Speaking of which, apparently one of the theories about how the nude beach conversation was recorded included the use of a Naval destroyer and an AWACS plane).

4. The focus of any penalty phase in the case would center on the two Dallas Township firefighters, who nearly died fighting the fire that Cuadra and Kerekes allegedly set at Bryan Kocis' home after the murder. This allows prosecutors to minimize the flaws in Kocis' character, including his ties to pornography and his previous brush with the law, while accentuating the threat to firefighters in a substantially more sensitive post-9/11 environment.

5. Unless they're hiding something, prosecutors seem to be convinced Grant Roy and Sean Lockhart were not involved in the Kocis killing. They point to Cuadra and Kerekes exculpating Roy and Lockhart in the Crab Catchers' and Black's Beach tapes. One of the prosecutor's even argued that in those six hours of tape, there was ample opportunity for Cuadra and Kerekes to implicate Roy and Lockhart, but they never took advantage.

Could We Still See a Plea?

I really hate to 're-use' a post... but KM brought up a good point last year:

What are the chances that before this case is over, either Mr. Cuadra or Mr. Kerekes (or both) will throw in the towel and just plead guilty to the charges? The short answer would be, “mighty high,” if only because that’s what most defendants do.

A video from the Criminal Justice channel has some basic information. But what makes a proper plea bargain? Well, it has two parts: the information and the waiver. Both are required.

First, the client has to know what he’s doing. He has to be represented by counsel, and has to be informed of all the consequences incumbent with his plea.

Next, he has to voluntarily waive certain of his rights. In effect, a plea bargain is like a supercharged version of that Miranda waiver that police try to get bad guys to sign so that they might be questioned. Only in this instance, the defendant is essentially waiving his Fifth Amendment right against self-incrimination in toto.

If proof of one of the two elements is missing, the judge will throw out the plea deal. That’s right, before it’s done, the whole thing has to go before the trial judge to get him or her to sign off. The judge is under no legal compulsion to agree to the deal.

In practice, however, plea agreements are seldom invalidated by the bench. The agreements do get breeched from time to time—usually because prosecutors find out that the defendant lied about something during the course of plea negotiations.

Now, there is also a special sort of guilty plea that pops up very rarely: the Alford plea. That’s a plain, old guilty plea with a twist: the defendant does not admit guilt. In all other ways— in sentencing, as a record of previous bad acts in subsequent trials, as a criminal step toward Habitual Offender status— the Alford plea is just like a standard guilty plea. It's also peculiar and passingly infrequent.

Finally, there’s the plea that uniquely splits the difference between guilty and not guilty: No contest (AKA nolo contendere, among the guys who took Latin in prep school to boost their SAT Verbals.)

A defendant who pleads ‘no contest’ is basically refusing to put up a legal fight. In essence, he gets treated thereafter just as if he had pleaded guilty, except the plea “is in no way an admission of guilt and [differs from an Alford plea in that] it cannot be introduced in future trials as evidence of incorrigibility. Nevertheless, courts do not have to accept a plea of nolo contendere, and usually do not, except in certain nonviolent cases.” [*]

-KM

Those Things That Make You Go Hmm...

In a recent post, Jim made the following comment/theory that really got me thinking:

"The Kerekes family can actually scrape together some assets (by selling a home) and so they begin to interview Demetrius Fannick a few months ago. Fannick begins visiting Joe in prison, they discuss the case, cobbling up various cock-and-bull stories they can pitch to a jury.

Before that, in fact, Joe's jailhouse interview attempted to place all the blame for the murder on Harlow, while an innocent Joe was back at the Fox Ridge Inn surfing the net.

The Cuadra family is not stupid, they see which way this is all headed: Joe with a fancy lawyer shifts all the blame to Harlow, which they w/o the means to hire a more aggressive and imaginative attorney cannot match.

I believe at this point the Cuadras blackmailed the Kerekes: give us a fancy-pants lawyer too, or Harlow cuts a deal...IDing Joe as the murderer."

With that in mind... let's rewind back to October 30, 2007, when BB announced on his blog that Harlow was about to accept a plea deal. Now most folks doubted this story since it never made mainstream press, and no other bloggers really mentioned it (including myself).

... But... we also didn't know then, what we know now... so let's take a look back at the events that took place during that time:

1. 10/26/07 - Joseph Kerekes has his first meeting with Demetrius Fannick.

2. 10/30/07 - BB makes a post on his blog that Harlow may accept a plea deal.

3. 10/30/07 - Joseph Kerekes again meets with Demetrius Fannick.

So did Joe find out about the pending plea deal, and was then able to put a stop to it by offering Fannick to Harlow? (after spending months discussing fees naturally).

The entire timeline of events is either a strange coincidence... or just perhaps... Jim's theory holds some weight and BB was correct.

Things that make you go hmm...

The Plea: Interview With a Judge

While we wait to see if Harlow Cuadra and/or Joseph Kerekes choose to make a deal with the Luzerne County District Attorney's office, I thought I'd post a link to an interesting interview done by PBS with a criminal court judge in Harris County (Houston), Texas.

In the interview, he talks about the plea bargain's vital role in the criminal justice system and how the plea process works in his courtroom, and he describes his own role as a judge. While he defends pleas, he acknowledges that the vital "human element" is required to guarantee that the system works correctly: "Plea bargaining only works if you have experienced, competent defense attorneys, experienced, competent prosecutors, and a judge who will make sure this is done properly."

While this clearly isn't a judge from Luzerne County, it does give some interesting insight to how I'm sure most judges probably feel towards a defendent accepting a plea:

The Plea: Interviews: Judge Michael Mcspadden