Judge to Rule on Kocis Evidence

According to the Citizen's Voice... a Virginia Beach police detective said Thursday he coordinated part of his investigation into a prostitution business allegedly run by Harlow Cuadra and Joseph Kerekes to coincide with their May 2007 arrest for the killing of Bryan Kocis in Dallas Township four months earlier.

Det. Matthew P. Childress of the Virginia Beach Police Department testified Thursday at a pretrial hearing in Luzerne County Court that he executed a search warrant on the Virginia Beach home where Cuadra and Kerekes lived with the knowledge Pennsylvania State Police investigators were closing in on them for the Kocis killing.

“I planned it,” Childress said. “My investigation was basically sidetracked because we didn’t want to jeopardize the Pennsylvania investigation.”

Attorneys for Cuadra and Kerekes argued items seized from the home and the BMW M5 sedan they were in at the time of their arrest in May 2007 — including a knife and laptop computer — were obtained outside the scope of a warrant granted for the investigation into their business practices.

“The purpose of your search warrant was to look for documents and evidence related to your investigation,” Cuadra’s attorney, Michael Senape, told Childress.

No weapons were mentioned in the warrant, Senape said, and only vehicles parked adjacent to the home were listed, not specifically the BMW M5.

“If you had all this evidence that the BMW M5 was used in the prostitution ring, why didn’t you include it in (the search warrant)?” Judge Peter Paul Olszewski Jr. asked. “Obviously the BMW, when it was stopped, was not (parked near the home) so you did not search that vehicle subject to the search warrant.”

Cuadra, 27, and Kerekes, 34, both of Virginia Beach, Va., are accused of fatally stabbing Kocis, a rival producer of gay pornographic films, in Dallas Township in January 2007 and later setting fire to his Midland Drive home. They face the death penalty and are scheduled to be tried together beginning Jan. 5, following the postponement of an original Sept. 2 start date.

Childress pursued an investigation into alleged money laundering by Cuadra and Kerekes under the Racketeer Influenced and Corrupt Organizations Act as Pennsylvania authorities attempted to connect them to the Kocis killing. Childress obtained a warrant on May 14 and, the next day, executed a search on the home where Cuadra and Kerekes lived at 1028 Stratem Court, Virginia Beach, Va.

Cuadra and Kerekes left before the search and were stopped a short time later by police on Virginia Beach Boulevard, about five miles away. They were taken into custody and charged with murdering Kocis.

Olszewski asked prosecutors and attorneys for Cuadra and Kerekes to submit presupposed findings of fact and conclusions of law on the suppression issue by Dec. 19 and said he would have a decision, “certainly by the end of the year.”
---

Meanwhile the Times Leader reports... PPO is expected to rule by the end of the year whether evidence seized from the vehicle of homicide suspects Harlow Cuadra and Joseph Kerekes can be used at an upcoming trial.

At a suppression hearing held Thursday, attorneys argued whether a knife found in the glove compartment of Cuadra and Kerekes’ vehicle was legally obtained.

Detective Matthew Childress, from the Virginia Beach, Va. police department, said he obtained warrants to search the duo’s Virginia Beach home on May 15, 2007, regarding an unrelated Racketeer Influenced and Corrupt Organizations Act case in which Childress said Cuadra and Kerekes allegedly were operating a prostitution ring under the disguise of an escort service called Boys R Us.

Childress said in testimony Thursday that informants told him Cuadra and Kerekes were leaving their home in the morning on May 15, 2007, and that his supervisor said Virginia officers should arrest them because authorities in Pennsylvania had issued arrest warrants for the two on homicide charges.

Cuadra, 27, and Kerekes, 34, are charged with homicide in the January 2007 death of Bryan Kocis, their rival in the gay pornography industry. Police said Kocis, 44, was stabbed to death in his Dallas Township home, which was then set on fire. Prosecutors are seeking the death penalty in the case.

The two were pulled over five miles from their home and taken into custody. Their vehicle was later searched by Virginia authorities and certain items were seized. One of the items taken from their vehicle, according to court records, was a knife.

Childress said that he had signed search warrants for Cuadra’s and Kerekes’ home and vehicles to coincide with his RICO investigation, and that he didn’t notice until a suppression hearing in Luzerne County court in September regarding the same matter that the dates on the search warrant were incorrect.

Childress said the search warrants were issued by a Virginia circuit court judge on May 14, but the date next to signatures is May 16, which means the vehicle was searched before the warrants were signed.

Pennsylvania State Police Corporal Leo Hannon also testified Thursday that a Luzerne County district magistrate signed arrest warrants for Cuadra and Kerekes at around 9:30 a.m. on May 15 and that he didn’t know Virginia police obtained the knife until after he arrived in Virginia later in the day.

Luzerne County Court of Common Pleas Judge Peter Paul Olszewski, Jr., said Thursday that he was “confused” by Childress’ story, stating that the detective cited three different reasons for the traffic stop.

“It’s a very simple question,” Olszewski said. “Why did Virginia Beach police execute the stop?” Olszewski said he wanted Childress to clarify whether police made the stop at the command of their boss, because Cuadra was seen leaving his residence with a small bag instead of luggage, or if Childress did not know why the vehicle was stopped.

“It was stopped because (my supervisor) said there were arrest warrants issued for them from Pennsylvania…,” Childress said.

Attorneys asked Childress if he followed Virginia Beach Police Department policy when conducting inventory searches of Cuadra’s and Kerekes’ home and vehicle, when the knife was seized as evidence.

Cuadra’s attorney, Michael Senape, said the forms used to record property did not coincide with policies that officers were to follow.

“At some point when you found the knife, did you say, ‘Oh, this is now evidence,’ ” Senape asked Childress. “Yes,” Childress replied, stating that he and two other officers who were searching the vehicle decided it wasn’t personal property because of the Pennsylvania investigation.

Today's Suppression Hearing

From someone that attended today's suppression hearing: "the hearing happened, nothing earth shattering (actually quite boring, mostly a rehash of past testimony with Det. Childress of VBPD and Corporal Leo Hannon of the PSP taking the stand). PPO will have a ruling on the evidence suppression request by the end of the year."

I'll try to have a more detailed update in a little bit.

Two Hearings This Week

What will likely be the busiest week before the trial (newswise)... there are two separate hearings that will take place this week:

The first hearing will be held in Virginia Beach General District Court, where two civil lawsuits were filed against Harlow Cuadra by the City of Virginia Beach Treasurer's Office. These two lawsuits are because of bounced checks/payments that were made last year for personal/business property taxes (the vehicles: Viper, Corvette, Honda, etc...) equaling around $5000. The hearing is scheduled for 12/03/2008 at 8:30 AM. Harlow Cuadra won't be attending, and likely won't even offer a defense.

On Thursday, 12/04/2008 at 9:00 AM, the final suppression hearing will be held in Luzerne County Court of Common Pleas. Prosecutors and defense attorneys will continue testimony on a motion to suppress evidence obtained from Harlow Cuadra and Joseph Kerekes’ vehicle on an unrelated RICO case.

Judge Peter Paul Olszewski Jr. also wants to discuss objections concerning evidence, including cell phone conversations and conversations between Kerekes and Cuadra in prison... and I'm sure the issue involving attorney Stephen Menn will also be a topic.

I'll post the results of both hearings as soon as they're over, and information becomes available.

Prosecutor: Kerekes Threatened to Shift Blame

According to the Times Leader... a Luzerne County prosecutor offered evidence indicating that Joseph Kerekes threatened to blame a pornographic movie producer in the January 2007 slaying of Bryan Kocis in Dallas Township.

Assistant District Attorney Shannon Crake made the reference during a pre-trial hearing for Kerekes, 34, and his partner, Harlow Cuadra, 26, before Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. on Wednesday.

Kerekes and Cuadra, both from Virginia Beach, Va., are charged in the killing of the 44-year-old Kocis, whom they considered their main rival in the gay movie production industry, according to arrest and court records.

Prosecutors claim Kerekes and Cuadra wanted to film movies with Sean Lockhart, who was prevented from working with another company because of a contract with Kocis’ business, Cobra Video.

Three pre-trial hearings have been held in anticipation of the September trial. Prosecutors are seeking the death penalty for Kerekes and Cuadra.

During Wednesday’s hearing, Crake was arguing in support of allowing the jury to hear certain acts Kerekes and Cuadra allegedly committed before and after Kocis was killed on Jan. 24, 2007.

Crake said Kerekes told Lockhart’s business agent, Grant Roy, “If you don’t film with us, we’re going to tell police you hired us.”

She argued that the jury should be permitted to hear the statement, and other conversations Kerekes and Cuadra had with Lockhart and Roy about filming movies together.

At least two conversations were recorded by investigators in San Diego, Calif., where the four men 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 Lockhart, according to federal court records.

“It goes to the ultimate motive to the homicide of Bryan Kocis, that they (Kerekes and Cuadra) wanted to recruit Sean Lockhart as a model,” Crake said.

Cuadra’s lawyers, Steven Menn and Michael Senape, said any references about “under the table” payments were made by Roy, not Cuadra.

Menn and Senape, and Kerekes’ attorneys, Shelley Centini and John Pike, are seeking to have separate trials for their clients, claiming their separate defenses may implicate each other in the killing.

Kerekes maintained that he was at a Plains Township motel using a laptop computer to schedule an appointment for their escort business while Cuadra visited Kocis.

Cuadra said he was never at Kocis’ home.

“That puts us in direct confrontation with the co-defendant,” Pike said.

Crake said there are witnesses who will testify during the trial that places both men at Kocis’ home the night Kocis was killed.

Suppression Hearing Day 2 - Midday Update

Update @ 9:48 PM: Today's hearing lasted for approx. 1.5 hours... there appears to be another attempt at claiming that there is a conflict of interest... the next hearing should be around 08/12/2008... more tomorrow.

Update @ 1:22 PM: Cuadra's attorneys have filed supplemental exhibits to item II of the Omnibus Pretrial motion for change of venure/venire.

---
Update @ 12:53 PM: It appears that Harlow Cuadra's attorneys have filed a notice of possible alibi defense. Joe's attorneys already did this months ago.

---
The Times Leader is reporting that a Luzerne County prosecutor alluded that Joseph Kerekes threatened to blame Grant Roy and Sean Lockhart in the January 2007 slaying of Bryan Kocis in Dallas Township.

Assistant District Attorney Shannon Crake made the reference during a pre-trial hearing for Kerekes, 34, and his partner, Harlow Cuadra, 26, before Judge Peter Paul Olszewski Jr. earlier today.

Kerekes and Cuadra, both from Virginia Beach, Va., are charged in killing Kocis, whom they believe was their main rival in the gay movie production industry, according to arrest and court records.

Prosecutors claim Kerekes and Cuadra wanted to film movies with Lockhart, who was a contract model for Kocis' company, Cobra Video.

Attorneys have had three pre-trial hearings in anticipation of the September trial.

During Wednesday's hearing, Crake was arguing in support of introducing certain alleged acts Kerekes and Cuadra committed before and after Kocis was killed. Crake said Kerekes told Roy, "If you don't film with us, we're going to tell police you hired us."

Roy is a producer of pornographic movies, and had settled a federal civil lawsuit Kocis had filed against him claiming the misuse of Lockhart's stage name, Brent Corrigan.

Prosecutors are also seeking to introduce Kerekes' and Cuadra's escort business practices, and their attempts to solicit clients in making up false alibis the night Kocis was killed.

Statement of Facts

On February 10, 2007 at 5:53 a.m., the Virginia Beach Police Department executed a search warrant at the home of defendants Kerekes and Cuadra at 1028 Stratem Court, Virginia Beach, VA 23451. The warrant was obtained under seal on February 9, 2007. The warrant, affidavit of supporting probable cause, and the accompanying inventory and return were certified to the court on February 12, 2007. See Sealing Order. Warrant and Inventory. attached collectively hereto as "Exhibit 1."

The Search Warrant affiant is Sean Coerse of the Virginia Beach Police Department. However, Officer Coerse swears in his warrant that he was advised of the facts set forth in the affidavit of probable cause supporting the warrant by an informer. Officer Coerse identifies this informer in section 6 of the warrant and corresponding section 6 of the affidavit as "Cpl. Leo D. Hannon, Jr , Pennsylvania State Police" and continues on to list Cpl. Hannon’s credentials. Warrant and afidavit Exhibit 1 at section 6.

In fact, Corporal Hannon indicates in a police report he prepared relative to the search warrant at issue that he, along with Pennsylvania State Police Troopers Polishan, Brian Murphy, Michael Gownley, Dale Young, Luzerne County Detective Daniel Yursha and Dallas Township Police Department Sergeant Douglas Higgins traveled to Virginia Beach, VA on February 9, 2007 and assisted in the preparation of the warrant. Hannon Police Report attached hereto as “Exhibit 2.” The warrant indicates that the offense in relation to which the search is to be made is “Murder in violation of Virginia State Code 18.2-32 Warrant and Affidavit Exhibit 1 at section 1.

To support the seizure of evidence, alleged probable cause is outlined in section 4 of the warrant. The probable cause is outlined in six arid one-half pages of the document. in those pages, two paragraphs mention “Joseph Kerekes” and the context is as a business associate of defendant Harlow Cuadra in the operation of “an illegal escort service” and in the production of “gay pornography” and “modeling.” Affidavit Exhibit 1 at section 4.

The search warrant authorizes seizure of the items enumerated in section 3 of the warrant. To summarize, the warrant authorizes seizure of the following five categories of items only: (1) actual computers and hardware, computer software and all information stored on computers or used to access information through computers; (2) blood, fiber, trace or other physical evidence; (3) knives or cutting instruments; (4) credit/debit cards, cash, financial data and receipts; and (5) all documents relating to the victim and the defendant’s residence. Affidavit Exhibit 1 at section 3.

Despite the clear categories authorized above, the inventory return shows that, inter alia, luggage, firearms, ammunition, clothing, cameras, videotapes, camcorders, battery packs, and insulation were seized. Inventory Exhibit 1. These items are not encompassed by the warrant nor has their seizure been authorized. Further, these items are not per se illegal or contraband.

Harlow Cuadra & Joseph Kerekes: This Week

While we're still a little over a month away from Harlow Cuadra and Joseph Kerekes' trial to commence (jury selection at least)... it looks like we'll have a bit of news to deal with well before-hand:

Here's what I've got planned to post this week:

1. Copies of Harlow and Joe's joint reply brief to the Commonwealth's brief in oppisition to motion to suppress search warrant/evidence taken in Virginia Beach.

2. Copies of Harlow and Joe's joint reply brief in oppisition motion to suppress 4-2007 interceptions at Black's Beach and Crab Catchers.

3. Copies of Joe's reply brief to the Commonwealth's brief in oppisition to motion to suppress statements made after his arrest.

4. Wednesday's Suppression Hearing.

... and I'm sure I'll have some more. :)

Grant Roy Offers Testimony Against Cuadra, Kerekes

The Citizens' Voice is reporting that Grant Roy went to investigators last spring with the idea of wearing a recording device to capture the conversations he planned to have with accused killers Harlow Cuadra and Joseph Kerekes when they visited him in San Diego in April 2007.

Roy testified at an evidence suppression hearing Thursday that he wore a microphone under his shirt as he and business partner Sean Lockhart dined with Cuadra and Kerekes at a restaurant in the La Jolla section of San Diego on April 27, and held an automobile key remote that contained a microphone as they spoke at a nude beach the next day.

In the conversations, Cuadra spoke about the about the killing of Bryan Kocis in Dallas Township, four months earlier.

Kocis, a producer of gay pornographic movies, had been a rival of Cuadra and Kerekes and had, until days before his death, been locked in a lawsuit with Roy and Lockhart, a pornographic actor who starred in films for Kocis, over Lockhart’s ability to work for other companies using his stage name, Brent Corrigan.

“It was quick, he never saw it coming,” Cuadra said, according to a transcript of the conversations.

“Actually seeing that (expletive) go down,” Cuadra said later in the transcript, allegedly referring to Kocis. “It’s actually sick, but it made me feel better inside.”

John Pike, an attorney for Kerekes, questioned Roy’s motivation in volunteering to work as an informant. Police in Pennsylvania had identified Roy as a possible suspect soon after Kocis’ death, Pike said, and as of last October, the state police still considered him a “known enemy” of Kocis. Roy arrived at the Luzerne County Courthouse around 2:30 p.m. He testified for less than 40 minutes.

Kerekes, 34, and Harlow Cuadra, 26, both of Virginia Beach, Va., are accused of slashing Kocis’ neck to the point of near decapitation, stabbing his torso nearly 30 times and later setting fire to his Midland Drive home. They face the death penalty and are scheduled to stand trial together, beginning Sept. 2.

Luzerne County Judge Peter Paul Olszewski Jr. heard arguments Thursday on defense requests to suppress a myriad of evidence, including the post-arrest interview, items seized from the Virginia Beach home where Cuadra and Kerkes lived, and the recorded conversations. The hearing is scheduled to continue Wednesday at 9 a.m.

Earlier in the hearing, Kerekes claimed police ignored his requests for an attorney during an interview shortly after his May 2007 arrest in Virginia Beach.

Kerekes said Cpl. Leo Hannon of state police and Special Agent James J. Glenn of the FBI proceeded with questions about his background, employment and personal relationships, and later read from the criminal complaint and affidavit of probable cause filed against him.

“They walked into the room and I said, ‘I want a lawyer,’” Kerekes said during brief testimony that was limited to the post-arrest police interview. “It was the first thing out of my mouth.”

Kerekes said he told the investigators to get his attorney and skip the reading of the documents.

“I don’t really want to hear it,” Kerekes said, repeating what he told Hannon and Glenn during the interview, which was conducted at the Virginia Beach police headquarters.

“It was a soap opera,” Kerekes said of the criminal complaint and the affidavit. “It’s inflammatory. They highlighted all these parts. They wanted me to say something.”

According to Hannon, Kerekes did say something.

Toward the end of the interview, Kerekes said he wanted to “tell the truth.” Hannon said he advised Kerekes to stop speaking and get an attorney.

“Knowing the totality of the circumstance, I cut him off, for lack of a better term,” Hannon testified.

Kerekes, Cops Tell 2 Versions of Meeting

Today's Times Leader reports that Homicide suspect Joseph Kerekes called it a “soap opera,” as he recalled his meeting with Pennsylvania investigators soon after he was arrested in Virginia for the January 2007 slaying of a Dallas Township man.

Kerekes, 34, said he twice asked for an attorney as state police Cpl. Leo Hannon Jr., along with FBI Special Agent James Glenn, read him the criminal complaint accusing him of the homicide of Bryan Kocis.

“I told him I didn’t want to hear it. I just put my head down and they went on,” Kerekes said. “It was a soap opera. I asked twice for a lawyer.”

Kerekes recalled the meeting during Thursday’s pre-trial hearing before Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr.

Kerekes and Harlow Cuadra, 26, both of Virginia Beach, are accused of killing Kocis, 44, at his Midland Drive home on Jan. 24, 2007. They were arrested by Virginia Beach authorities on May 15, 2007, soon after Hannon obtained an arrest warrant for the two from District Judge James Tupper in Trucksville.

Prosecutors are seeking the death penalty for Kerekes and Cuadra.

Assistant District Attorney Michael Melnick called Kerekes to testify on Thursday because his lawyers, Shelley Centini and John Pike, are seeking to prevent statements Kerekes allegedly made after his arrest from being used against him at the upcoming trial.

Kerekes said neither Virginia Beach authorities nor Hannon read him his Miranda rights. He also denied he interrupted Hannon with apparent self-incriminating statements.

Hannon, a veteran homicide investigator, said it’s his personal policy to read a defendant the criminal charges against him. He claimed Kerekes interrupted his reading of the criminal complaint and affidavit, pointing out he told Kerekes to stop several times to consult with an attorney.

“He said, ‘What do you want?’ ” Hannon said. “I said I want the truth. He started talking but I cut him off and advised him to speak with a lawyer if he wanted to make a statement.”

Centini and Pike said the meeting with Kerekes was an interrogation because Kerekes was in police custody.

Melnick said reading of the criminal complaint and affidavit is not an interrogation because Hannon and Glenn didn’t present any evidence to Kerekes during the meeting.

“None of that happened,” Melnick said.

Kerekes’ attorneys and Cuadra’s attorneys, Michael Senape and Steven Menn, are also seeking to exclude items seized from their clients’ Virginia Beach home during a February 2007 search. They also want to exclude two recorded conversations Kerekes and Cuadra had with two prosecution witnesses, Grant Roy and Sean Lockhart, in San Diego, Calif., in April 2007.

They say Pennsylvania law should apply to the search and the recorded conversations because Pennsylvania has the greater interest in the case.

Melnick said the search of the Virginia Beach home was executed by Virginia Beach authorities, and conversations in San Diego were recorded by California authorities. In both cases, Melnick acknowledged Pennsylvania investigators were involved, but argued Olszewski should honor the laws in both states.

Roy, who testified on Thursday, said he volunteered to record the conversations he had with Kerekes and Cuadra at a restaurant and a beach.

Kerekes and Cuadra traveled to San Diego to discuss the production of gay pornographic movies with Lockhart, who was a model for Kocis’ company, Cobra Video. Lockhart also was Roy’s business partner.

“I’m trying to get information out of these guys,” Roy said while pointing to Kerekes and Cuadra. “Any way I could get it.”

Senape said investigators initially considered Roy and Lockhart suspects in the homicide investigation because they were defendants in a civil lawsuit Kocis had filed against them claiming trademark infringements.

Centini said laws governing recorded conversations by authorities differ in Pennsylvania and California.

“Pennsylvania authorities took control of the recording, took possession of the recording and brought the recording to Pennsylvania,” Centini said.

Today's Hearing... Suppression Motions

With Harlow Cuadra and Joseph Kerekes' Suppression Hearing now over, I can report a couple of highlights... more will be reported either later this evening, or in the morning.

• Grant Roy testified.
• Judge PPO did not make any rulings.
• Melnick will be on vacation, so the next hearing has been moved to Wednesday @ 9:00 AM.
• PPO still wants the trial to begin September 2.
• Harlow wore slacks and a sport coat, Joe was in is normal prison jumpsuit.

I've also been told that while Harlow Cuadra's docket does show Thomas Cometa representing him now, even with a verification of service filed, there is no guarantee that he will be. Attorney Cometa was also not present at today's hearing, so there seems to be some confusion as to what's going on in regards to that.

Today's Suppression Hearing: Midday Update

The Times Leader is reporting that homicide suspect Joseph Kerekes testified that he twice asked authorities for an attorney after he was arrested in Virginia in May 2007 for the slaying of a Dallas Township man.

Kerekes, 34, also denied he made apparent self-incriminating statements during a meeting with Pennsylvania State Police Cpl. Leo Hannon Jr. and Special Agent James Glenn with the Federal Bureau of Investigation.

Kerekes made those statements during a pre-trial hearing today before Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr.

Kerekes and Harlow Cuadra, 26, both from Virginia Beach, are charged in the murder of Bryan Kocis, 44, in January 2007. They were arrested in Virginia Beach on May 15, 2007, on a fugitive warrant by Virginia Beach authorities. Earlier in the day, Hannon filed criminal homicide charges in Luzerne County accusing the two men with Kocis' killing.

Hannon and Glenn testified that after Kerekes was arrested by Virginia Beach authorities, they entered a room at the Virginia Beach Police Department to ask Kerekes for his date of birth and social security number.

Hannon said he makes it a point to read the defendant the criminal charges and the affidavit of probable cause that outlines events that led to the arrest.

As he read the affidavit, Hannon and Glenn testified that Kerekes made several apparent self-incriminating statements.

Kerekes, called to testify by Assistant District Attorney Michael Melnick, claimed he listened to Hannon, and twice asked for a lawyer.

Kerekes called the situation a "soap opera," saying, "I told him I didn't want to hear it. I put my head down and they went on. I asked twice for a lawyer. I never once interrupted...my head was down; I was just listening."

Kerekes' attorneys, Shelley Centini and John Pike, are attempting to disqualify any statements Kerekes made at his upcoming trial set to begin in September.

Olszewski raised the possibility that reading the affidavit to Kerekes may be an interrogation, due to the fact Kerekes had the right to remain silent.

The pre-trial hearing is set to continue for the rest of the day.
----

Meanwhile the Citizens' Voice reports that Accused killer Joseph Kerekes claimed Thursday that police ignored his requests for an attorney during an interrogation shortly after his May 2007 arrest for the murder of Bryan Kocis in Dallas Township four months earlier.

Kerekes said Cpl. Leo Hannon of the Pennsylvania State Police and Special Agent James J. Glenn of the FBI proceeded with questions about his background, employment, and personal relationships, and later read from the criminal complaint and affidavit of probable cause filed against him.

"They walked into the room and I said, 'I want a lawyer,'" Kerkes said during brief testimony that was limited to the post-arrest police interview. "It was the first thing out of my mouth."

Kerekes, 34, and Harlow Cuadra, 26, both of Virginia Beach, Va., are accused of slashing Kocis' neck to the point of near decapitation, stabbing his torso nearly 30 times and later setting fire to his Midland Drive, Dallas Township, home. They both face the death penalty and are scheduled to stand trial together beginning Sept. 2.

Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. heard arguments Thursday on the suppression of evidence, including the post-arrest interview and items seized from the Virginia Beach home where Cuadra and Kerekes had lived. The status of the interview consumed the bulk of the hearing conducted before a 12:25 p.m. lunch recess.

Hannon and Glenn both testified prior to Kerekes' testimony. Hannon said he was following a personal investigatory technique when he read the complaint and affidavit to Kerekes, but was unsure if the move was endorsed by Pennsylvania State Police protocol. Glenn said the FBI instructs its agents to provide a verbal synopsis of the charges against a defendant, only if the defendant has not requested an attorney.

Kerekes said he told the investigators to get his attorney and skip the reading of the documents. "I don't really want to hear it," Kerekes said, repeating what he told Hannon and Glenn during the interview, which was conducted in an interrogation room at the Virginia Beach police headquarters.

"It was a soap opera," Kerekes said of the criminal complaint and the affidavit. "It's inflammatory. They highlighted these parts. They wanted me to say something."

According to Hannon, Kerekes said he wanted to "tell the truth" toward the end of the interview. Hannon said he advised Kerekes to stop speaking and get an attorney.

"Knowing the totality of the circumstance, I cut him off, for lack of a better term," Hannon testified.

Kerekes’ Attorneys want Statements Excluded from Trial

According to the Citizens' Voice... Joseph Kerekes asked to speak with an attorney shortly after his arrest in May 2007 for the murder of Bryan Kocis in Dallas Township four months earlier, but police ignored the request and pressed ahead with an interrogation, Kerekes’ court-appointed attorneys said Wednesday.

The attorneys filed a brief reiterating their position that statements made by Kerekes in the interview be excluded from use at his trial, which is scheduled to begin Sept. 2.

Kerekes, 34, and Harlow Cuadra, 26, both of Virginia Beach, Va., are accused of killing Kocis, 46, in January 2007.

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

Judge Peter Paul Olszewski Jr. is scheduled to hear arguments on the suppression of evidence in the case beginning at 8:30 a.m. today.

Virginia Beach Police arrested Kerekes and transported him to the department’s headquarters. Investigators from Pennsylvania met Kerekes in an interview room, Kerekes’ attorneys said.

Kerekes asked for an attorney, but the investigators continued to ask questions about his employment history, military history, personal relationships and other background, the attorneys said.

“Pennsylvania authorities engaged in the functional equivalent of interrogation when they read the affidavit of probable cause to him and confronted him with third party statements, setting up a situation they should have known would likely elicit a response,” the attorneys argued.

Request for Attendance of Out of State Witness Filed

The Commonwealth Attorney's office has filed several motions requesting the attendance of an out of state witness, presumably for the upcoming suppression hearings for Harlow Cuadra and Joseph Kerekes:

1. 07/17/2008 Comm's Request for Attendance of Out of State Witness filed. Luzerne County District Attorney's Office

2. 07/17/2008 Certificate of Judge Requesting State for Attendance of Out of State Witness filed. Luzerne County District Attorney's Office

3. 07/17/2008 Certificate of Clerk for Attendance of Out of State Witness filed. Reilly, Robert

I'm not sure who the exact witness is (or witnesses), but I'll try to find out as quickly as I can. Oh, and just in case anyone's wondering... Robert Reilly is the clerk, not the witness.

Update @ 12:07 PM: It looks like it's Sean Macias, the attorney from Los Angeles.

Next Hearing Date Scheduled

A suppression hearing has been scheduled for Harlow Cuadra and Joseph Kerekes, to take place in front of Judge Peter Paul Olszewski on 07/24/2008 at 8:30 am.

Update: The Times Leader also reports that there will be a hearing on 07/31/2008 as well.