Showing posts with label Witnesses. Show all posts
Showing posts with label Witnesses. Show all posts
Sunday, February 1, 2009
DA's Witnesses for Harlow Cuadra's Trial... Explained.
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Saturday, January 31, 2009
The Witness Round-Up... Again.
Over the past week or so, the DA's office has filed subpoenas for a total of 26 witnesses to attend Harlow Cuadra's upcoming February trial:
The Commonwealth of Pennsylvania is scheduled to commence criminal prosecution of Harlow Cuadra at trial commencing on February 17, 2009 in the Luzerne County Court of Common Pleas, 200 N. River Street, Wilkes-Barre, Pennsylvania 18711. [Witness Name] is a material witnesses for the Commonwealth and the attendance at the aforesaid trial is necessary from February 17, 2009 through March 20, 2009. The Commonwealth of Pennsylvania requests that in the event that the witness is uncooperative, that the witness be taken into immediate custody and delivered to an officer of the Commonwealth of Pennsylvania to ensure his/her inclusive attendance at the Pennsylvania trial proceedings as per Pennsylvania Rule of Criminal Procedure 522 and all relevant comments thereto and pursuant to 42 Pa.C.S.A. section 5964 relating to witnesses from another state summoned to testify in this Commonwealth. The Commonwealth certifies the compulory attendance of this witness is not for the purpose of serving said witness with process from another civil or criminal proceeding. The Commonwealth hereby waives its right to serve said witness with process, civil or criminal, by virtue of the witness' attendance/presence in Pennsylvania in this matter.
(in no particular order)
Christopher Dewolfe (Custodian of Records MYSPACE)
Chris Hurd (Custodian of Records DVINFO.net)
Matthew Brannon (Material Witness)
Michael Rozyla (Custodian of Records Verizon Wireless)
Annie Cappeller (Custodian of Records IAC Search & Media)
Heather Blewett (Custodian of Records Sprint/Nextel)
Angela Evans (Custodian of Records All Tell)
David Mitchell aka David Michaels (Material Witness)
Michelle Mar (Custodian of Records USA People Search)
Jeffrey Stanford (Custodian of Records YAHOO!)
Justin Hensley (Material Witness)
Brendan Sheovic (VB Corr. Facility - Material Witness)
CPT Cassandra Lee (VB Corr. Facility - Material witness)
Matthew Bedois (Custodian of Records Enterprise Rental Car)
Lance Treadway (Material Witness)
Andrew Shunk (Material Witness)
Debra Crain (Superior Pawn Shop)
Ryan Dunbar (Superior Pawn Shop)
Irving Walker (Superior Pawn Shop)
Joseph J. Zalusky (Material Witness)
Nep Malaki (Material Witness)
Thomas Lampman (Material Witness)
Adam Greiber (Material Witness)
Christina Gist (Custodian of Records Doubletree Hotel)
Kimberly Hensley (Material Witness)
Harry Strait (Material Witness)
The Commonwealth of Pennsylvania is scheduled to commence criminal prosecution of Harlow Cuadra at trial commencing on February 17, 2009 in the Luzerne County Court of Common Pleas, 200 N. River Street, Wilkes-Barre, Pennsylvania 18711. [Witness Name] is a material witnesses for the Commonwealth and the attendance at the aforesaid trial is necessary from February 17, 2009 through March 20, 2009. The Commonwealth of Pennsylvania requests that in the event that the witness is uncooperative, that the witness be taken into immediate custody and delivered to an officer of the Commonwealth of Pennsylvania to ensure his/her inclusive attendance at the Pennsylvania trial proceedings as per Pennsylvania Rule of Criminal Procedure 522 and all relevant comments thereto and pursuant to 42 Pa.C.S.A. section 5964 relating to witnesses from another state summoned to testify in this Commonwealth. The Commonwealth certifies the compulory attendance of this witness is not for the purpose of serving said witness with process from another civil or criminal proceeding. The Commonwealth hereby waives its right to serve said witness with process, civil or criminal, by virtue of the witness' attendance/presence in Pennsylvania in this matter.
(in no particular order)
Christopher Dewolfe (Custodian of Records MYSPACE)
Chris Hurd (Custodian of Records DVINFO.net)
Matthew Brannon (Material Witness)
Michael Rozyla (Custodian of Records Verizon Wireless)
Annie Cappeller (Custodian of Records IAC Search & Media)
Heather Blewett (Custodian of Records Sprint/Nextel)
Angela Evans (Custodian of Records All Tell)
David Mitchell aka David Michaels (Material Witness)
Michelle Mar (Custodian of Records USA People Search)
Jeffrey Stanford (Custodian of Records YAHOO!)
Justin Hensley (Material Witness)
Brendan Sheovic (VB Corr. Facility - Material Witness)
CPT Cassandra Lee (VB Corr. Facility - Material witness)
Matthew Bedois (Custodian of Records Enterprise Rental Car)
Lance Treadway (Material Witness)
Andrew Shunk (Material Witness)
Debra Crain (Superior Pawn Shop)
Ryan Dunbar (Superior Pawn Shop)
Irving Walker (Superior Pawn Shop)
Joseph J. Zalusky (Material Witness)
Nep Malaki (Material Witness)
Thomas Lampman (Material Witness)
Adam Greiber (Material Witness)
Christina Gist (Custodian of Records Doubletree Hotel)
Kimberly Hensley (Material Witness)
Harry Strait (Material Witness)
Sunday, December 7, 2008
The 13 Witness Subpoenas
On December 1, 2008, the Luzerne County District Attorneys Office filed 13 witness subpoenas for the upcoming trial... here's a list of the witnesses, along with why they're being called to testify:
1. Chris Hurd, or other designated Custodian of Records from DVInfo.net, whose current address is XXXX, is a necessary and material witness for the Commonwealth of Pennsylvania for the reason that the defendant, Harlow Cuadra, requested instructional material on January 29, 2007 on the camera HDR-FXI and all associated IP adresses for Harlow Cuadra for that date. The Commonwealth requests the custodian of records to provide IP connection log data, including member internet protocol addresses.
Additional Directives: Please come prepared to testify to postings to your website in January through March 2007 by HARLOW CUADRA. Please bring hard copies or CD's of all Harlow Cuadra communications including IP Addresses.
2. David Michaels, AKA David Mitchell, whose current address is XXXX, is a necessary and material witness for the Commonwealth of Pennsylvania for the reason that the Defendants and David Michaels, AKA David Mitchell, discussed a fake alibi for the time frame the crimes occured.
3. Michael Rozyla, or other designated Custodian of Records from VERIZON WIRELESS, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that telephone number, 570-579-4437, which is registered with Verizon Wireless, was used by “Danny Moilin”, the fictitious identity created by Harlow Cuadra in order to contact that victim. The Commonwealth further alleges this phone number registered calls to the victim at times when “Danny Moilin”, aka Harlow Cuadra, was scheduled to either call or receive calls from the victim. The Commonwealth alleges Harlow Cuadra, aka “Danny Moilin”, and Joseph Kerekes killed Bryan Kocis on January 27, 2007 at the time of an arranged meeting between “Danny Moilin” and Bryan Kocis. The Commonwealth requests all records for the phone number 570-579-4437 from January 21, 2007 to January 26, 2007. A technician from Verizon Wireless is also a necessary and material witness for the Commonwealth of Pennsylvania for the purpose of testifying to cell tower location, including the latitude and longitude for each tower location, as well as the radius of cell tower coverage for phone number 570-579-4437. The initial phone call from 570-579-4437 was placed on January 22, 2007 and was relayed from a cellular tower on Bells Road, Virginia Beach, Va.. This cellular tower is located several hundred yards form the residents of the defendants, Harlow Cuadra and Joseph Kerekes. The final call from said phone number was placed on January 25, 2007 and was relayed from a cellular tower located on Country Club Road, Dallas, Pa.. This cellular tower is located several hundred yards from the victim’s residence. The Commonwealth further requests the identification and address of cellular towers, cell site locations, related to the use of the telephones with the assigned phone numbers 757-717-0233, 757-567-0055, and 757-235-0805 for the period January 23, 2007 to January 25, 2007, specifically the following towers:
Pittston_IOS 114 41.361471-75.978111 397 Country Club Rd., Dallas, PA
Pittston_IOS 41.279275-75.821511 100 Cemetary Road, Wilkes-Barre, PA
Pittston_IOS 121 41.248158-75.836 111 East End Blvd., Wilkes-Bare, PA
Richmond 528 38.100075-77.519217
Richmond 385 37.899692-77.466219 26389 Jefferson Davis Highway
Richmond 410 37.481357-76.937944 5750 Pleasant Rd., Walker, VA
and for subscriber information, billing information, call detail records from January 23, 2007 through January 25, 2007. It is ordered that Verizon Wireless produce these records requested by the Commonwealth of Pennsylvania.
Additional Directives: Please have a technician come to testify as to cell tower location, and radius of cell tower coverage. Custodian of Records will also need to testify to the phone records for phone number 570-579-4437 issued to a tracphone on 1/22/07. You are directed to bring documents concerning the routing numbers attached hereto.
4. Christopher DeWolfe, or other designated Custodian of Records from MySpace.com, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that the Commonwealth intends to elicit testimony regarding the Defendants’ use of their MySpace accounts prior to and after the homicide, namely from June 1, 2006 through May 31, 2007, including but not limited to use of said accounts to contact Grant Roy and/or Sean Lockhart.
5. Matthew Wade Brannon, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that Mathew Wade Brannon is an acquaintance of both Defendants through the Defendants’ escort business. Additionally, Defendant, Joseph Kerekes, has listed Matthew Wade Brannan as a potential alibi witness. Mr. Brannon would testify that he was not either personally with or in contact with Joseph Kerekes at the time of the homicide.
Additional Directives: You are directed to bring all e-mails, documents, text messages, to and from Harlow Cuadra and/or Joseph Kerekes for January 1, 2007 to May 25, 2007. All phone records for January 1, 2007 to May 25, 2007.
6. Custodian of Records from OAS Phone, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that telephone number, 570-579-4437, was registered to a pre-paid mobile telephone that was shipped and distributed by OAS Phone in the Box. This pre-paid mobile telephone was used by “Danny Moilin”, the fictitious identity created by Harlow Cuadra in order to contact that victim. This phone number, registered to the pre-paid mobile phone, registered calls to the victim at times when “Danny Moilin”, aka Harlow Cuadra, was scheduled to either call or receive calls from the victim. The Commonwealth requests all purchase and/or sale records of this phone, including when the phone was activated, where it was activated from, all bills of lading and shipment records from the initial distribution center to the point of sale, any registration records, and any account information for the OAS Phone in the Box.
Additional Directives: You are directed to bring all records on the phone 570-579-4437 from June 30, 2005 to February 10, 2007 including but not limited to all shipment records, distribution records, and records concerning the phones registration.
7. Michelle Mar, or other designated Custodian of Records from USA People Search, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that the alleged murderer Harlow Cuadra did a background search on the victim, Bryan Kocis, on January 20, 2007. The Commonwealth requests the custodian of records bring all data and computer information on this request (including any and all IP addresses, i.e. IP log data including member internet protocol addresses) and any information on IP address 70.174.54.38.
Additional Directives: Please come prepared to testify to purchase of a background check on Bryan Charles Kocis on 1/20/07 by Harlow Cuadra from IP Address 70.174.54.38 using Discover Card 6011xxxxxxxx9954. The account number for the purchase was 901207-0083-0741-0942.
8. Donna Plasmere, or other designated Custodian of Records from America Online, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that the alleged murderers Joseph Kereltes and Harlow Cuadra contacted the victim, Bryan Kocis, on the victim’s business email accounts, COBRAVIDEO@AOL.COM, KINGCOBRA@AOL.COM, and BKOCIS@AOL.COM, from January 22-25, 2007. The Commonwealth requests the custodian of records attend with these records as well as IF connection log data (including member internet protocol addresses), all email content on unopened, read, sent, and deleted mail, detailed billing records (including all subscriber information, including all screen names associated with AOL accounts COBRAVIDEO@AOL.COM, KINGCOBRA@AOL.COM, and BKOCIS@AOL.COM, and all records from January 1, 2007 to January 27, 2007.
9. Angela Evans, or other designated Custodian of Records from ALLTEL, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that the Commonwealth alleges that the Defendant, Joseph Kerekes, used his cell phone(s) from January 22-25, 2007, the time frame for the homicide, and one of the phone calls bounced off the Country Club Road tower, located in Dallas, PA. The Commonwealth requests the custodian of records to testify to records of cell phones registered to Joseph Kerekes: 757-717-0233 and 757-567-0055.
Additional Directives: Please have Custodian of Records prepared to testify to records of cell phone registered to Joseph Kerekes: 757-717-0233 and 757-567-0055. You are directed to bring all: (1) Phone records of these two phones from 10/01/06 to 5/25/07; (2) Cell tower information for the phone calls made from 1/20/07 to 2/10/07.
10. That Elena Arosemena, or other designated Custodian of Records from Cox Communications, Inc., whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that Cox Communications provided Harlow Cuadra with IP addresses from January 1, 2007 — March 1, 2007. The Commonwealth requests a custodian testify as to the attached records. The Commonwealth also requests IP address information for January 20, 2007.
Additional Directives: Have Custodian of Records prepared to testify to IP Addresses registered to Harlow R. Cuadra of 1028 Stratem Ct., Virginia Beach, VA from 1/20/07 through March of 2007.
11. Annie Cappeller, Director of Legal Affairs, or other designated Custodian of Records from IAC Search and Media, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that Harlow Cuadra used an internet email account provided by IAC Search and Media, HarlowCuadra@excite.com, using the same IP address as “Danny Moilin”, the fictitious identity created by Harlow Cuadra to arrange meetings with the victim. These emails, sent from an IAC Search and Media Internet account, were sent in close proximity to the time of the victim’s murder. “Danny Moilin”, aka Harlow Cuadra, used the email account, dmbottom@yahoo.com, to contact the victim and arrange a meeting on January 24, 2007.
Additional Directives: You are directed to bring all records on this e-mail address account from January 1, 2006 to May 26, 2007.
12. Jeffrey Stanford, or other designated Custodian of Records from YAHOO, INC., whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that Jeffrey Stanford or other designated Custodian of Records from Yahoo, Inc. would testify to the activity content and authenticity of emails for the following email accounts: dmbottompa@yahoo.com, party757@yahoo.com, and stareyes23510@yahoo.com. Email account dmbottompa@yahoo.com was used solely for the purpose of contacting the victim. Email account party757@yahoo.com was utilized by the Defendants before and after the homicide from the same IP addresses as the dmbottompa@yahoo.com email account. Email account stareyes23510@yahoo.com was also utilized by the Defendants before and after the homicide from the same IP addresses as the dmbottompa@yahoo.com email account. The Commonwealth requests the custodian of records to provide all IP connection log data (including member internet protocol addresses), all email content on unopened, read, sent, and deleted mail, and detailed billing records (including subscriber information).
Additional Directives: Bring all records from 6/1/06 - 5/23/07 on the above accounts as well as subscriber information and any information concerning who opened the above mentioned e-mail accounts.
13. Heather Ramos, or other designated Custodian of Records from Sprint Nextel, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that Sprint Nextel issued a wireless aircard to Harlow Cuadra which he used to contact the victim with using the email address DMBOTTOMPA@YAHOO.COM and it was also used to create a fake alibi defense with Joseph Kerekes in a spurious email sent to Matt Brannon.
Additional Directives: Custodian of Records shall testify to records maintained for a wireless air card registered to Harlow Raymond Cuadra, account #0598498712, ESN 5B4B9E78.
1. Chris Hurd, or other designated Custodian of Records from DVInfo.net, whose current address is XXXX, is a necessary and material witness for the Commonwealth of Pennsylvania for the reason that the defendant, Harlow Cuadra, requested instructional material on January 29, 2007 on the camera HDR-FXI and all associated IP adresses for Harlow Cuadra for that date. The Commonwealth requests the custodian of records to provide IP connection log data, including member internet protocol addresses.
Additional Directives: Please come prepared to testify to postings to your website in January through March 2007 by HARLOW CUADRA. Please bring hard copies or CD's of all Harlow Cuadra communications including IP Addresses.
2. David Michaels, AKA David Mitchell, whose current address is XXXX, is a necessary and material witness for the Commonwealth of Pennsylvania for the reason that the Defendants and David Michaels, AKA David Mitchell, discussed a fake alibi for the time frame the crimes occured.
3. Michael Rozyla, or other designated Custodian of Records from VERIZON WIRELESS, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that telephone number, 570-579-4437, which is registered with Verizon Wireless, was used by “Danny Moilin”, the fictitious identity created by Harlow Cuadra in order to contact that victim. The Commonwealth further alleges this phone number registered calls to the victim at times when “Danny Moilin”, aka Harlow Cuadra, was scheduled to either call or receive calls from the victim. The Commonwealth alleges Harlow Cuadra, aka “Danny Moilin”, and Joseph Kerekes killed Bryan Kocis on January 27, 2007 at the time of an arranged meeting between “Danny Moilin” and Bryan Kocis. The Commonwealth requests all records for the phone number 570-579-4437 from January 21, 2007 to January 26, 2007. A technician from Verizon Wireless is also a necessary and material witness for the Commonwealth of Pennsylvania for the purpose of testifying to cell tower location, including the latitude and longitude for each tower location, as well as the radius of cell tower coverage for phone number 570-579-4437. The initial phone call from 570-579-4437 was placed on January 22, 2007 and was relayed from a cellular tower on Bells Road, Virginia Beach, Va.. This cellular tower is located several hundred yards form the residents of the defendants, Harlow Cuadra and Joseph Kerekes. The final call from said phone number was placed on January 25, 2007 and was relayed from a cellular tower located on Country Club Road, Dallas, Pa.. This cellular tower is located several hundred yards from the victim’s residence. The Commonwealth further requests the identification and address of cellular towers, cell site locations, related to the use of the telephones with the assigned phone numbers 757-717-0233, 757-567-0055, and 757-235-0805 for the period January 23, 2007 to January 25, 2007, specifically the following towers:
Pittston_IOS 114 41.361471-75.978111 397 Country Club Rd., Dallas, PA
Pittston_IOS 41.279275-75.821511 100 Cemetary Road, Wilkes-Barre, PA
Pittston_IOS 121 41.248158-75.836 111 East End Blvd., Wilkes-Bare, PA
Richmond 528 38.100075-77.519217
Richmond 385 37.899692-77.466219 26389 Jefferson Davis Highway
Richmond 410 37.481357-76.937944 5750 Pleasant Rd., Walker, VA
and for subscriber information, billing information, call detail records from January 23, 2007 through January 25, 2007. It is ordered that Verizon Wireless produce these records requested by the Commonwealth of Pennsylvania.
Additional Directives: Please have a technician come to testify as to cell tower location, and radius of cell tower coverage. Custodian of Records will also need to testify to the phone records for phone number 570-579-4437 issued to a tracphone on 1/22/07. You are directed to bring documents concerning the routing numbers attached hereto.
4. Christopher DeWolfe, or other designated Custodian of Records from MySpace.com, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that the Commonwealth intends to elicit testimony regarding the Defendants’ use of their MySpace accounts prior to and after the homicide, namely from June 1, 2006 through May 31, 2007, including but not limited to use of said accounts to contact Grant Roy and/or Sean Lockhart.
5. Matthew Wade Brannon, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that Mathew Wade Brannon is an acquaintance of both Defendants through the Defendants’ escort business. Additionally, Defendant, Joseph Kerekes, has listed Matthew Wade Brannan as a potential alibi witness. Mr. Brannon would testify that he was not either personally with or in contact with Joseph Kerekes at the time of the homicide.
Additional Directives: You are directed to bring all e-mails, documents, text messages, to and from Harlow Cuadra and/or Joseph Kerekes for January 1, 2007 to May 25, 2007. All phone records for January 1, 2007 to May 25, 2007.
6. Custodian of Records from OAS Phone, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that telephone number, 570-579-4437, was registered to a pre-paid mobile telephone that was shipped and distributed by OAS Phone in the Box. This pre-paid mobile telephone was used by “Danny Moilin”, the fictitious identity created by Harlow Cuadra in order to contact that victim. This phone number, registered to the pre-paid mobile phone, registered calls to the victim at times when “Danny Moilin”, aka Harlow Cuadra, was scheduled to either call or receive calls from the victim. The Commonwealth requests all purchase and/or sale records of this phone, including when the phone was activated, where it was activated from, all bills of lading and shipment records from the initial distribution center to the point of sale, any registration records, and any account information for the OAS Phone in the Box.
Additional Directives: You are directed to bring all records on the phone 570-579-4437 from June 30, 2005 to February 10, 2007 including but not limited to all shipment records, distribution records, and records concerning the phones registration.
7. Michelle Mar, or other designated Custodian of Records from USA People Search, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that the alleged murderer Harlow Cuadra did a background search on the victim, Bryan Kocis, on January 20, 2007. The Commonwealth requests the custodian of records bring all data and computer information on this request (including any and all IP addresses, i.e. IP log data including member internet protocol addresses) and any information on IP address 70.174.54.38.
Additional Directives: Please come prepared to testify to purchase of a background check on Bryan Charles Kocis on 1/20/07 by Harlow Cuadra from IP Address 70.174.54.38 using Discover Card 6011xxxxxxxx9954. The account number for the purchase was 901207-0083-0741-0942.
8. Donna Plasmere, or other designated Custodian of Records from America Online, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that the alleged murderers Joseph Kereltes and Harlow Cuadra contacted the victim, Bryan Kocis, on the victim’s business email accounts, COBRAVIDEO@AOL.COM, KINGCOBRA@AOL.COM, and BKOCIS@AOL.COM, from January 22-25, 2007. The Commonwealth requests the custodian of records attend with these records as well as IF connection log data (including member internet protocol addresses), all email content on unopened, read, sent, and deleted mail, detailed billing records (including all subscriber information, including all screen names associated with AOL accounts COBRAVIDEO@AOL.COM, KINGCOBRA@AOL.COM, and BKOCIS@AOL.COM, and all records from January 1, 2007 to January 27, 2007.
9. Angela Evans, or other designated Custodian of Records from ALLTEL, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that the Commonwealth alleges that the Defendant, Joseph Kerekes, used his cell phone(s) from January 22-25, 2007, the time frame for the homicide, and one of the phone calls bounced off the Country Club Road tower, located in Dallas, PA. The Commonwealth requests the custodian of records to testify to records of cell phones registered to Joseph Kerekes: 757-717-0233 and 757-567-0055.
Additional Directives: Please have Custodian of Records prepared to testify to records of cell phone registered to Joseph Kerekes: 757-717-0233 and 757-567-0055. You are directed to bring all: (1) Phone records of these two phones from 10/01/06 to 5/25/07; (2) Cell tower information for the phone calls made from 1/20/07 to 2/10/07.
10. That Elena Arosemena, or other designated Custodian of Records from Cox Communications, Inc., whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that Cox Communications provided Harlow Cuadra with IP addresses from January 1, 2007 — March 1, 2007. The Commonwealth requests a custodian testify as to the attached records. The Commonwealth also requests IP address information for January 20, 2007.
Additional Directives: Have Custodian of Records prepared to testify to IP Addresses registered to Harlow R. Cuadra of 1028 Stratem Ct., Virginia Beach, VA from 1/20/07 through March of 2007.
11. Annie Cappeller, Director of Legal Affairs, or other designated Custodian of Records from IAC Search and Media, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that Harlow Cuadra used an internet email account provided by IAC Search and Media, HarlowCuadra@excite.com, using the same IP address as “Danny Moilin”, the fictitious identity created by Harlow Cuadra to arrange meetings with the victim. These emails, sent from an IAC Search and Media Internet account, were sent in close proximity to the time of the victim’s murder. “Danny Moilin”, aka Harlow Cuadra, used the email account, dmbottom@yahoo.com, to contact the victim and arrange a meeting on January 24, 2007.
Additional Directives: You are directed to bring all records on this e-mail address account from January 1, 2006 to May 26, 2007.
12. Jeffrey Stanford, or other designated Custodian of Records from YAHOO, INC., whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that Jeffrey Stanford or other designated Custodian of Records from Yahoo, Inc. would testify to the activity content and authenticity of emails for the following email accounts: dmbottompa@yahoo.com, party757@yahoo.com, and stareyes23510@yahoo.com. Email account dmbottompa@yahoo.com was used solely for the purpose of contacting the victim. Email account party757@yahoo.com was utilized by the Defendants before and after the homicide from the same IP addresses as the dmbottompa@yahoo.com email account. Email account stareyes23510@yahoo.com was also utilized by the Defendants before and after the homicide from the same IP addresses as the dmbottompa@yahoo.com email account. The Commonwealth requests the custodian of records to provide all IP connection log data (including member internet protocol addresses), all email content on unopened, read, sent, and deleted mail, and detailed billing records (including subscriber information).
Additional Directives: Bring all records from 6/1/06 - 5/23/07 on the above accounts as well as subscriber information and any information concerning who opened the above mentioned e-mail accounts.
13. Heather Ramos, or other designated Custodian of Records from Sprint Nextel, whose current address is XXXX, is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts that Sprint Nextel issued a wireless aircard to Harlow Cuadra which he used to contact the victim with using the email address DMBOTTOMPA@YAHOO.COM and it was also used to create a fake alibi defense with Joseph Kerekes in a spurious email sent to Matt Brannon.
Additional Directives: Custodian of Records shall testify to records maintained for a wireless air card registered to Harlow Raymond Cuadra, account #0598498712, ESN 5B4B9E78.
Monday, December 1, 2008
More Subpoenas Filed
The Luzerne County District Attorneys Office has filed 13 witness subpoenas for the upcoming trial involving Harlow Cuadra and Joseph Kerekes. I'm currently working on trying to get additional information, as it was just done late today. I'll update this post as soon as I can (which probably won't be until tomorrow).
Update 12/02/08: According to the Times Leader, the subpoenas were issued to organizations including MySpace.com, Verizon Wireless, America Online, Alltel and Sprint Nextel.
The subpoenas order presentation of any printed records, CDs, phone records, e-mails and other documents to trial. More shortly...
Update 12/02/08: According to the Times Leader, the subpoenas were issued to organizations including MySpace.com, Verizon Wireless, America Online, Alltel and Sprint Nextel.
The subpoenas order presentation of any printed records, CDs, phone records, e-mails and other documents to trial. More shortly...
Monday, September 8, 2008
Kocis Hearing Big Bill for D.A.
According to the Times Leader... when court-appointed attorneys Mark Bufalino and Paul Galante said they had a conflict representing homicide suspects Harlow Cuadra and Joseph Kerekes, their disclosure cost Luzerne County more than $4,000, according to receipts from the District Attorney’s Office.
Prosecutors paid the bill to schedule flights and arrange hotel accommodations for witnesses to testify at a July 24 pre-trial hearing, which was held to finish a July 8 hearing that was suspended when Bufalino and Galante said they had a conflict.
Most of the prosecution witnesses, according to court records, are from other states, including Virginia, California and Texas.
District Attorney Jacqueline Musto Carroll said she is prohibited from publicly discussing the case because of a court-imposed gag order, but generally speaking, her office is financially responsible to pay for transportation and lodging costs for witnesses outside the area.
According to the 2008 budget for the District Attorney’s Office, approximately $232,000 is earmarked for witnesses to testify during court proceedings, up from $179,000 in 2007.
Prosecutors are seeking the death penalty for Cuadra, 27, and Kerekes, 34, both from Virginia Beach, Va., in the killing of 44-year-old Bryan Kocis at Kocis’ Dallas Township home in January 2007. Police said the two killed Kocis, and then set his home on fire.
Investigators allege Cuadra and Kerekes considered Kocis their main rival in the gay porn industry, and wanted to work with Sean Lockhart, who was a contract model for Kocis’ production company, Cobra Video.
During a pre-trial hearing on July 8 before Court of Common Pleas Judge Peter Paul Olszewski Jr., Bufalino disclosed that he and Galante had a conflict representing their clients because they are associates in the same law firm.
Bufalino defended Cuadra, and Galante defended Kerekes. They were among several attorneys court-appointed to represent the two men.
Assistant District Attorney Michael Melnick said during the July 8 hearing that 12 witnesses were flown in from various parts of the country and lodged at local hotels at the expense of the district attorney’s office.
None of those witnesses testified because Olszewski suspended the July 8 hearing after Bufalino and Galante disclosed that they had a conflict. They subsequently were permitted to withdraw from the case.
It was disclosed during a July 9 hearing that the conflict between Bufalino and Galante had been known since May, soon after they joined the same private law firm.
According to the receipts submitted by the district attorney’s office, $11,913.31 was spent for airfare, lodging and meals for the 12 witnesses to attend the July 8 hearing.
When the July 8 hearing was suspended and rescheduled to July 24, the district attorney’s office paid an additional $4,664.08 for witnesses’ airfare, lodging and meals, according to receipts.
Grant Roy, a witness from San Diego, missed a flight for the July 24 hearing and had to arrange another flight at a total cost of $2,037, according to the receipts.
Roy was also charged a $15 baggage check fee, and a county detective spent $22 for parking and turnpike tolls to pick up Roy at the Philadelphia International Airport to attend the July 24 hearing.
Olszewski has yet to appoint attorneys to replace Bufalino and Galante.
Cuadra is defended by attorneys Stephen Menn and Michael Senape, and Kerekes is defended by attorneys Shelley Centini and John Pike.
Their trial is tentatively set to begin with jury selection on Jan. 5.
Prosecutors paid the bill to schedule flights and arrange hotel accommodations for witnesses to testify at a July 24 pre-trial hearing, which was held to finish a July 8 hearing that was suspended when Bufalino and Galante said they had a conflict.
Most of the prosecution witnesses, according to court records, are from other states, including Virginia, California and Texas.
District Attorney Jacqueline Musto Carroll said she is prohibited from publicly discussing the case because of a court-imposed gag order, but generally speaking, her office is financially responsible to pay for transportation and lodging costs for witnesses outside the area.
According to the 2008 budget for the District Attorney’s Office, approximately $232,000 is earmarked for witnesses to testify during court proceedings, up from $179,000 in 2007.
Prosecutors are seeking the death penalty for Cuadra, 27, and Kerekes, 34, both from Virginia Beach, Va., in the killing of 44-year-old Bryan Kocis at Kocis’ Dallas Township home in January 2007. Police said the two killed Kocis, and then set his home on fire.
Investigators allege Cuadra and Kerekes considered Kocis their main rival in the gay porn industry, and wanted to work with Sean Lockhart, who was a contract model for Kocis’ production company, Cobra Video.
During a pre-trial hearing on July 8 before Court of Common Pleas Judge Peter Paul Olszewski Jr., Bufalino disclosed that he and Galante had a conflict representing their clients because they are associates in the same law firm.
Bufalino defended Cuadra, and Galante defended Kerekes. They were among several attorneys court-appointed to represent the two men.
Assistant District Attorney Michael Melnick said during the July 8 hearing that 12 witnesses were flown in from various parts of the country and lodged at local hotels at the expense of the district attorney’s office.
None of those witnesses testified because Olszewski suspended the July 8 hearing after Bufalino and Galante disclosed that they had a conflict. They subsequently were permitted to withdraw from the case.
It was disclosed during a July 9 hearing that the conflict between Bufalino and Galante had been known since May, soon after they joined the same private law firm.
According to the receipts submitted by the district attorney’s office, $11,913.31 was spent for airfare, lodging and meals for the 12 witnesses to attend the July 8 hearing.
When the July 8 hearing was suspended and rescheduled to July 24, the district attorney’s office paid an additional $4,664.08 for witnesses’ airfare, lodging and meals, according to receipts.
Grant Roy, a witness from San Diego, missed a flight for the July 24 hearing and had to arrange another flight at a total cost of $2,037, according to the receipts.
Roy was also charged a $15 baggage check fee, and a county detective spent $22 for parking and turnpike tolls to pick up Roy at the Philadelphia International Airport to attend the July 24 hearing.
Olszewski has yet to appoint attorneys to replace Bufalino and Galante.
Cuadra is defended by attorneys Stephen Menn and Michael Senape, and Kerekes is defended by attorneys Shelley Centini and John Pike.
Their trial is tentatively set to begin with jury selection on Jan. 5.
Saturday, August 30, 2008
Certifications for Out of State Witnesses
Back when it was expected that Harlow Cuadra and Joseph Kerekes' trial was going to start on September 2, 2008, the Distrtict Attorneys office filed the following certifications for out of state witnesses on 08/08/2008. While the trial date has been postponed to January 5, 2009, it's almost a given that these same people/witnesses will still be attending:
CERTIFICATION
The Commonwealth of Pennsylvania is scheduled to commence criminal prosecution of Joseph Kerekes and Harlow Cuadra at trial which commences September 2, 2008 in the Luzerne County Court of Common Pleas, 200 N. River Street, Wilkes-Barr; Pennsylvania 18711. [Witness name and address] is a material witness for the Commonwealth and his attendance at the aforesaid trial scheduled to commence September 2, 2008 and lasting through the month of September 2008. The Commonwealth of Pennsylvania requests that in the event that the witness is uncooperative, that the witness be taken into immediate custody and delivered to an officer of the Commonwealth of Pennsylvania to ensure his inclusive attendance at the Pennsylvania trial proceedings as per Pennsylvania Rule of Criminal Procedure 522 and all relevant comments thereto and pursuant to 42 Pa.C.S.A. §5964 relating to witnesses from another state summoned to testify in this Commonwealth. The Commonwealth certifies the compulsory attendance of this witness is not for the purpose of serving said witness with process from another civil or criminal proceeding. The Commonwealth hereby waives its right to serve said witness with process, civil or criminal, by virtue of the witness' attendance/presence in Pennsylvania in this matter. The Commonwealth of Pennsylvania shall provide transportation, lodging and meals for this witness.
- Elena Arosemena from Cox Communications
- Michelle Mar from USA People Search
- Harry Strait
- Tony Parrow from Springhill Suites by Marriott
- Phillipino Romano from Springhill Suites by Marriott
- Chris Hurd from DVInfo.net
- Jeffrey Standford from Yahoo!, Inc.
- Angela Evans from ALLTEL
- Heather Ramos from Sprint Nextel
- Donna Plasmere from America Online
- Matthew Brannon
- Thomas Lampman
- Troy Prickett
- Adam Grieber
- Paulette Bartholomew from Cellco Partners, dba Verizon Wireless
- Petra Ungvarson from Rolex Corporation
- Designated Custodian of Records from JR Video
- David Michaels aka David Mitchell
- Nep Malaki
This list does not include those witnesses that have already been summoned, such as Renee Martin, Grant Roy, etc... I'll compile a complete list once we get closer to the trial date, as I fully expect we'll be seeing some additional names added.
Wednesday, August 27, 2008
Another Piece of the Puzzle
This is an excerpt from a "Certificate of Judge of Requesting State for Attendance of Out of State Witness" dated 08/07/08... originally scheduled for Harlow Cuadra and Joseph Kerekes' September trial, which we all now know has been moved to January 5, 2009. I'm pretty certain these same two witnesses will be in attendance for the new trial date:
"3. The Commonwealth alleges that Philip Romano and Tony Parrow of Marriott Spring Hill Suites, 6350 Newtown Road, Norfolk, Virginia, are necessary and material witnesses for the State of Pennsylvania for the reason that the Commonweatlh asserts the murderers fled to the Marriott and hid from Law Enforcement shortly after the homicide. The Commonwealth further alleges that the murderers stayed at this Marriott until they absconed to Miami Beach, Florida."
If nothing else, this helps to answer the question as to where Harlow and Joe were before heading to South Beach/Miami.
"3. The Commonwealth alleges that Philip Romano and Tony Parrow of Marriott Spring Hill Suites, 6350 Newtown Road, Norfolk, Virginia, are necessary and material witnesses for the State of Pennsylvania for the reason that the Commonweatlh asserts the murderers fled to the Marriott and hid from Law Enforcement shortly after the homicide. The Commonwealth further alleges that the murderers stayed at this Marriott until they absconed to Miami Beach, Florida."
If nothing else, this helps to answer the question as to where Harlow and Joe were before heading to South Beach/Miami.
Tuesday, August 12, 2008
A Couple of Docket Updates
Over the past week there's been a few updates on Harlow Cuadra and Joseph Kerekes' court dockets. I guess the most interesting one is a filing of 17 certifications of subpoenas for out of state witnesses.
08/07/2008 (17) Certification of Subpoenas Out of State filed. Luzerne County District Attorney's Office
08/08/2008 (2) Supoena Certifications filed by DA's Office Luzerne County District Attorney's Office
08/08/2008 Certificate of Judge requesting State for Attendance of Out of State Witness filed. Olszewski, Peter Paul Jr.
08/08/2008 Comm's request for Attendance of Out of State Witness filed. Luzerne County District Attorney's Office
08/12/2008 Certificate of Clerk for Attendance of Out of State Witness filed to Robert Reilly-Clerk of Courts Luzerne County District Attorney's Office
08/12/2008 Certificate of Clerk for Attendance of Out of State Witness to Tom Pizan-Deputy Clerk of Courts Luzerne County District Attorney's Office
08/12/2008 Certification from DA's Office filed. Olszewski, Peter Paul Jr.
I'm hoping to get a copy of the filings later today, and will update this post with a list of who these 17 witnesses are. Also, we should be hearing from PPO sometime this week (possibly today) in regards to answers to some, if not all of the motions that have been filed.
08/07/2008 (17) Certification of Subpoenas Out of State filed. Luzerne County District Attorney's Office
08/08/2008 (2) Supoena Certifications filed by DA's Office Luzerne County District Attorney's Office
08/08/2008 Certificate of Judge requesting State for Attendance of Out of State Witness filed. Olszewski, Peter Paul Jr.
08/08/2008 Comm's request for Attendance of Out of State Witness filed. Luzerne County District Attorney's Office
08/12/2008 Certificate of Clerk for Attendance of Out of State Witness filed to Robert Reilly-Clerk of Courts Luzerne County District Attorney's Office
08/12/2008 Certificate of Clerk for Attendance of Out of State Witness to Tom Pizan-Deputy Clerk of Courts Luzerne County District Attorney's Office
08/12/2008 Certification from DA's Office filed. Olszewski, Peter Paul Jr.
I'm hoping to get a copy of the filings later today, and will update this post with a list of who these 17 witnesses are. Also, we should be hearing from PPO sometime this week (possibly today) in regards to answers to some, if not all of the motions that have been filed.
Thursday, August 7, 2008
Prosecution's (New) Witness List
COMMONWEALTH’S RESPONSE TO DEFENDANT CUADRA’S NOTICE OF POSSIBLE ALIBI DEFENSE
The Commonwealth, by and through District Attorney JACQUELINE MUSTO CARROLL, Assistant District Attorney MICHAEL MELNICK, Assistant District Attorney SHANNON CRAKE, and Assistant District Attorney ALLYSON KACMARSKI submits its response to Defendant Harlow Cuadra’s Notice of Possible Alibi Defense. This also serves as a supplemental response to Defendant Kerekes’ Notice of Possible Alibi; the Commonwealth’s reciprocal list of witnesses in response to the Defendants’ respective Notices of Alibi is the same as the Defendants’ possible alibi defenses are consistent with each other. Attached hereto is a list of all prospective witnesses the Commonwealth may call to rebut the Defendants’ alibi defense. The Commonwealth reserves the right to supplement this response with additions or corrections at any time as the information becomes known to the Commonwealth.
1. Cpl. Leo Hannon - Pennsylvania State Police
2. Tpr. Stephen Polishan - Pennsylvania State Police
3. Tpr. Brian Murphy - Pennsylvania State Police
4. Cpl. Michael McTavish - Pennsylvania State Police
5. Tpr. Michael Gownley - Pennsylvania State Police
6. Dale Young - Computer Crimes Unit - Pennsylvania State Police
7. Sgt. Doug Higgins - Dallas Twp. Police Department
8. Det. Lt. Gary Capitano - Luzerne County District Attorney's Office
9. Det. Lt. Daniel Yursha - Luzerne County District Attorney's Office
10. Det. Robert Donaldson - San Diego Police Department
11. Special Agent Kim Kelly - Naval Criminal Investigative Services
12. Special Agent Andrew Pappas - DEA San Diego Field Division
13. Sgt. John Rivera - San Diego Police Department
14. Investigator Ron Thill - San Diego District Attorney's Office
15. Det. Lynn Rydalch - San Diego Police Department
16. Det. Laurie Agnew - San Diego Police Department
17. James Gilbert - Bryan Kocis Neighbor
18. Ralph Szalkowski
19. Kirby Szalkowski
20. Amy Lynne Withers - Bryan Kocis Neighbor
21. Amy Zamerowski - SUV Eyewitness
22. Alex Puente - Cobra Video Webmaster
23. Det. Larry Fabian - Luzerne County District Attorney's Office
24. Sean Lockhart - Former Model for Cobra Video
25. Grant Roy - Boyfriend to Sean Lockhart
26. Andrew Shunk - Former Model for Cuadra/Kerekes
27. Renee Martin - Former Neighbor to Cuadra/Kerekes
28. Justin Hensley - Former Model for Cuadra/Kerekes
29. Mitch Halford - Former Escort Client to Cuadra/Kerekes
30. Cpt. Cassandra Lee - Virginia Beach Correctional Facility
31. Brandon Sheovic - Virginia Beach Correctional Facility
32. Robert Tolley - Virginia Beach Correctional Facility
33. Walter Smith - Virginia Beach Correctional Facility
34. John Tierney - Virginia Beach Correctional Facility
35. Travis Bohny - Virginia Beach Correctional Facility
36. Carlos Ortega - Virginia Beach Correctional Facility
37. Angel Berdecia - Virginia Beach Correctional Facility
38. David Jacobson
39. Nep Malaki - Former Client/Alibi Witness for Cuadra
40. Robert Wallace
41. Robert Rodden - Former Cellmate to Kerekes
42. Joseph Ryan
43. Matthew Brannon
44. David Mitchell
45. Elena Arosemena - Cox Communications, Inc.*
46. Jefferey Standford, Yu Jin Kang or Christian Lee - Yahoo, Inc.
47. Andrei Lazar - Verizon Wireless*
48. Tracey Ingle - MSN Hotmail*
49. Heather Blewett - Sprint/Nextel*
50. Nate Davis - American Registry of Internet Numbers*
51. Cindy Talathan - TracFone*
52. Andrea Almeida - The Planet Internet Services, Inc.*
53. Keena Willis - Domains by Proxy*
54. Christopher DeWolfe, Kristen Alfred - Myspace.com*
55. Annie Cappeller - IAC Search & Media*
56. Maryann Walsh - Nokia USA*
57. Colin Padgett or Kathleen Loughlin - Comcast Cable Communications, Inc.
58. Chris Hurd - Digital Video Information Network*
59. John Riggs - Western Tidewater Regional Jail
60. Phillipa Green or Kimber Hultgren - Sony Electronics, Inc.
61. Jeanne Mulcahy - AT&T Wireless*
61. Linda Huffman - UCN, Inc.*
62. Karen Valdez - Qwest Communications*
63. Linda Huffman - UCN Long Distance
64. Sue Kubiski - Commonwealth Telephone Company*
65. Sue Kubiski - Commonwealth Telephone Company*
66. Anthony Signoire - Cingular Wireless, Inc.*
67. Ronald Wiegal - Verizon Pennsylvania, Inc.*
68. Sue Kubiski - Frontier Telephone of Rochester, Inc.*
69. Steven Miller - Verizon New York, Inc.*
70. Anthony Signoire - SBC West*
71. Ken Haertling - Telcove*
72. Mary Hochheimer - OPEX Communication Services, Inc.*
73. Marge Montemayoer - PAETEC Communications
74. Mary Hochheimer - Qwest LCI International*
75. Walt Coursol - Spring Long Distance*
76. Eric Tyrell - Virginia PCS Alliance L.C.*
77. Angela Evans - ALLTEL Communications Inc. - Virginia*
78. Mary Whiting - Choice One Communication, Inc.*
79. Custodian of Records - Verizon Virginia, Inc.
80. Lee Ann Simpson - XO Communications*
81. Eric Tyrell - Nextel Partners*
82. Anne Joyner - Virginia PCS Alliance L.C.*
83. Shelly Halfman - Verizon South*
84. Eric Tyrell - NTELOS Network - Virginia*
85. Anthony Signoire - Bell South*
86. Jason Krieger - Level 3*
87. Mark Horner - Yipes Communications, Inc.*
88. Al Joyce - Lackawanna County Correctional Facility
89. Jackie Grimes - Luzerne County Correctional Facility
90. Thakor Patel - Fox Ridge Inn
91. Matthew Brannon Former Escort Client to Cuadra/Kerekes.
92. Joseph Ryan - Former Escort Client to Cuadra/Kerekes
93. Thomas Lampman
* Denotes that the witness is the person named, or there could be another designated representative.
Monday, August 4, 2008
Accused Killers’ Words, Actions Tie them to Kocis Murder
The Citizens' Voice is reporting in a rather lengthy story that since they were arrested in May 2007, accused killers Joseph Kerekes and Harlow Cuadra have attempted to place themselves in a number of locations at the time of Bryan Kocis’ murder in Dallas Township on Jan. 24, 2007 — from the Fox Ridge Motel in Plains Township, about 12 miles away, to their home in Virginia Beach, about 385 miles due south.
Cuadra, 26, and Kerekes, 34, both of Virginia Beach, Va., are accused of slashing the neck of Kocis, a rival producer of gay pornographic films, and 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.
In actions and conversations, they tried independently and jointly to create fail-safe alibis and failed at every turn, foiled by prosecution evidence, technology and logic.
Last week, attorneys for Cuadra filed a notice of potential alibi stating he might claim he was at the Fox Ridge Inn at the time Kocis was killed — a claim similar to an alibi being considered by Kerekes.
Luzerne County Judge Peter Paul Olszewski Jr. said he would likely rule by Aug. 12 on a number of pre-trial motions, including requests by both defense teams to suppress potentially incriminating evidence and to have separate trials for Cuadra and Kerekes.
Ultimately, barring a plea agreement, a case dismissal or the defendants’ demise, a jury will decide whether Cuadra and Kerekes are guilty or innocent. For now, the question remains, what of their mutual and mutually exclusive defenses is fact and what is fiction.
These are their stories, with details on how they surfaced and how the evidence stacks up against them.
Harlow Cuadra
At the motel, no witnesses
Alibi: In a notice of possible alibi filed last week, Cuadra’s attorneys, Stephen Menn and Michael Senape, said Cuadra could claim he was in Room 211 of the Fox Ridge Motel in Plains Township at the time of Kocis’ killing.
The one-page notice listed no witnesses who could potentially corroborate Cuadra’s alibi story, but the attorneys did reserve the right to list witnesses on future supplemental filings.
Kerekes’ attorneys filed a similar notice in January and listed potential witnesses from Internet companies to support a theory that he stayed at the motel, sending e-mail messages and viewing Web sites, while Cuadra visited Kocis.
Neither notice indicated Cuadra and Kerekes were together at the motel.
Evidence: Cuadra and Kerekes shared vivid details about Kocis’ killing in conversations recorded by investigators in San Diego in April 2007.
Cuadra and Kerekes met with Grant Roy, a former suspect turned informant, and Sean Lockhart, Roy’s lover and business partner.
Lockhart had acted in gay pornographic films produced by Kocis’ company, Cobra Video. He and Roy had been engaged in a lawsuit over the use of his stage name, Brent Corrigan.
A settlement reached on Jan. 18, 2007, less than a week before the killing, allowed Lockhart to star in movies not involving Cobra Video, in exchange for a payment of 20 percent of the proceeds to Cobra.
Roy asked Cuadra and Kerekes if Kocis felt any pain as he was being killed. After a few moments of silence, Cuadra leaned toward Lockhart and said quietly, “Don’t worry, he went quick.”
Cuadra offered more details the next day, as he walked with Kerekes, Roy and Lockhart along a nude beach in the La Jolla section of San Diego. Roy captured the conversation with a recording device hidden in a car key remote.
“Actually seeing that (expletive) going down, actually it’s sick, but it made me feel better inside,” Cuadra said, referring to Kocis.
“It almost felt like I got revenge and I know that sounds (expletive) up.”
Cuadra first contacted Kocis via e-mail two days before the killing, posing as an inexperienced actor from the Philadelphia area named Danny Moilin.
Cuadra created an e-mail address for the Moilin character and activated a pre-paid cell phone used only to contact Kocis. Cuadra sent photographs to Kocis and requested that they meet to discuss a possible role in a future film project.
Cuadra said during the meeting Kocis had been critical of Lockhart, referring to him as “a little bitch” and “the product.”
Kerekes said Cuadra and Kocis each had a glass of wine during the meeting and stated he believed that Cuadra “slipped him something,” in his drink.
“Don’t feel too bad for him,” Cuadra told Lockhart.
“It’s what kind of made the whole decision kind of easy, almost a little too easy,” Cuadra said. “I should have thought where all those fingers would have pointed, I remember looking at the press. I’m just glad this (expletive) is over.”
During the San Diego conversations, Cuadra and Kerekes described Kocis’ home — the design of his front door and the high-end home entertainment system he owned.
Cell phone data obtained by prosecutors also indicated Cuadra and Kerekes were in Kocis’ neighborhood at the time of the killing and witnesses reported seeing a silver Nissan Xterra rented by Cuadra at the Kocis home between 6:30 and 8:26 p.m.
The meeting between Cuadra and Kocis was scheduled for between 7 and 8 p.m. and Cuadra said he was expecting to arrive around 7:15 p.m.
The Dallas Fire Department was dispatched to the fire at Kocis’ home at 8:34 p.m.
Investigators found more 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.
An escort call in Virginia
Alibi: Cuadra sent a handwritten note to acquaintance Nep Maliki last year, setting the story line for an alibi in which he claimed to be working as a male escort in Virginia at the time Kocis was killed.
Cuadra told Maliki, who works at a fast food restaurant in the Virginia Beach area, that they had met at Cuadra’s home on the morning of Jan. 24, 2007, the day Kocis was killed.
They were there for about an hour before they showered together and Maliki left, Cuadra said.
“I guess the thing we need to get clear is the time you came over,” Cuadra said in the note. “Did you work early that day after you saw me? At what time did you go into work that day? Please check with your work.”
The note, which Cuadra told Maliki was “for his eyes only,” was included as an exhibit in the prosecutors’ answer to an omnibus pretrial motion filed by Cuadra’s attorneys in March.
Cuadra asked former escort client Howard Hallford to corroborate the Maliki story in a May 2007 interview with police. Hallford agreed, but then backed off, saying he had only seen Cuadra once in a two-week span in mid- to late January 2007.
Evidence: The evidence, witnesses, cell phone data and e-mail records used to disprove the motel alibi placed Cuadra in Dallas Township around the time Kocis was killed.
The uncertainty and unwillingness of Maliki and Hallford to cooperate damaged any corroboration Cuadra may have received. Even if Cuadra and Maliki did meet the morning of Jan. 24 — a possibility muted by Cuadra and Kerekes’ arrival at the Fox Ridge Inn the night before — Cuadra still could have had time to make the seven-and-a-half hour drive from Virginia Beach to Kocis’ home.
Joseph Kerekes
Out of state, out of mind
Alibi: In a telephone conversation recorded by investigators while he was imprisoned at the Virginia Beach Correctional Facility, Kerekes explained to Renee Martin, an acquaintance and former neighbor who has been described by prosecutors as their business associate, that he planned to fight his arrest and eventual extradition to Luzerne County by claiming he was not in Pennsylvania when Kocis was murdered.
Evidence: Kerekes checked into the Fox Ridge Inn in Plains Township with Cuadra on Jan. 23, 2007, and showed a photo identification to the owner, Thakor Patel. Kerekes also indicated to Patel that the vehicle he and Cuadra had arrived in was gray with a Virginia registration. Cuadra rented a silver Nissan Xterra the previous morning from an Enterprise Rent-a-Car office in Virginia Beach, prosecutors said.
On the check-in slip, Kerekes noted that he was from Virginia and originally started to provide an address of “1028 Str,” before crossing it out and giving a different Virginia address, but with a Florida zip code, prosecutors said. Kerekes and Cuadra lived at 1028 Stratem Court in Virginia Beach.
‘Plan B’: a hypothetical alibi
Alibi: After they became disconnected, Kerekes called Martin back and said he was ready to confess the real story of what happened the night Kocis was killed. Martin sug-gested Kerekes tell the story in a hypothetical form — an alibi referred to by the defendants and prosecutors as “Plan B.”
“OK, once upon a time there was a gay escort couple that, ya know, once upon a time that thought maybe working with this movie producer would be good, whereas he, you know, he had access to other young stars that would enhance one of the two’s career, so they set up an appointment to meet,” Kerekes told Martin.
Kerekes said one of the men went to meet the producer while the other stayed in a hotel room. The hypothetical story matches up to Cuadra visiting Kocis and Kerekes staying at the Fox Ridge Inn, prosecutors said.
“When he approached the home, obviously there had been an intrusion, and the door was open,” Kerekes said. “Hypothetically and supposedly then, he found what was there, and he, supposedly and hypothetically, ran and came back to the older one, which was in the hotel and they were scared.”
Evidence: The phone data obtained by prosecutors indicated Cuadra and Kerekes were in Kocis’ neighborhood at the time of the killing. Their own admissions in the San Diego conversations, as well as the other evidence used to disprove Cuadra’s motel alibi, show an intimate knowledge of the Kocis’ home and the events surrounding his death.
Staying in, sending e-mails
Alibi: Kerekes previously suggested he had been making an escort call, sending e-mails and visiting Web sites at the Fox Ridge Inn when the killing occurred.
Kerekes sent an e-mail to the alleged client, Matthew Brannon of Fayetteville, N.C., at-tempting to bolster his Fox Ridge Motel claim, four minutes after the fire at Kocis’ house was called in to 911 and 10 to 13 minutes after a neighbor witnessed the Nissan Xterra backing out of Kocis’ driveway, prosecutors said.
Evidence: Brannon, a computer expert, said he was not in Pennsylvania on Jan. 24, 2007, and adamantly denied to investigators being with Kerekes that night.
He said the e-mail from Kerekes could have been sent from anywhere using a mobile air card. State police confirmed continuous Internet connectivity is available throughout the area where Kocis’ house was located.
Cuadra, 26, and Kerekes, 34, both of Virginia Beach, Va., are accused of slashing the neck of Kocis, a rival producer of gay pornographic films, and 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.
In actions and conversations, they tried independently and jointly to create fail-safe alibis and failed at every turn, foiled by prosecution evidence, technology and logic.
Last week, attorneys for Cuadra filed a notice of potential alibi stating he might claim he was at the Fox Ridge Inn at the time Kocis was killed — a claim similar to an alibi being considered by Kerekes.
Luzerne County Judge Peter Paul Olszewski Jr. said he would likely rule by Aug. 12 on a number of pre-trial motions, including requests by both defense teams to suppress potentially incriminating evidence and to have separate trials for Cuadra and Kerekes.
Ultimately, barring a plea agreement, a case dismissal or the defendants’ demise, a jury will decide whether Cuadra and Kerekes are guilty or innocent. For now, the question remains, what of their mutual and mutually exclusive defenses is fact and what is fiction.
These are their stories, with details on how they surfaced and how the evidence stacks up against them.
Harlow Cuadra
At the motel, no witnesses
Alibi: In a notice of possible alibi filed last week, Cuadra’s attorneys, Stephen Menn and Michael Senape, said Cuadra could claim he was in Room 211 of the Fox Ridge Motel in Plains Township at the time of Kocis’ killing.
The one-page notice listed no witnesses who could potentially corroborate Cuadra’s alibi story, but the attorneys did reserve the right to list witnesses on future supplemental filings.
Kerekes’ attorneys filed a similar notice in January and listed potential witnesses from Internet companies to support a theory that he stayed at the motel, sending e-mail messages and viewing Web sites, while Cuadra visited Kocis.
Neither notice indicated Cuadra and Kerekes were together at the motel.
Evidence: Cuadra and Kerekes shared vivid details about Kocis’ killing in conversations recorded by investigators in San Diego in April 2007.
Cuadra and Kerekes met with Grant Roy, a former suspect turned informant, and Sean Lockhart, Roy’s lover and business partner.
Lockhart had acted in gay pornographic films produced by Kocis’ company, Cobra Video. He and Roy had been engaged in a lawsuit over the use of his stage name, Brent Corrigan.
A settlement reached on Jan. 18, 2007, less than a week before the killing, allowed Lockhart to star in movies not involving Cobra Video, in exchange for a payment of 20 percent of the proceeds to Cobra.
Roy asked Cuadra and Kerekes if Kocis felt any pain as he was being killed. After a few moments of silence, Cuadra leaned toward Lockhart and said quietly, “Don’t worry, he went quick.”
Cuadra offered more details the next day, as he walked with Kerekes, Roy and Lockhart along a nude beach in the La Jolla section of San Diego. Roy captured the conversation with a recording device hidden in a car key remote.
“Actually seeing that (expletive) going down, actually it’s sick, but it made me feel better inside,” Cuadra said, referring to Kocis.
“It almost felt like I got revenge and I know that sounds (expletive) up.”
Cuadra first contacted Kocis via e-mail two days before the killing, posing as an inexperienced actor from the Philadelphia area named Danny Moilin.
Cuadra created an e-mail address for the Moilin character and activated a pre-paid cell phone used only to contact Kocis. Cuadra sent photographs to Kocis and requested that they meet to discuss a possible role in a future film project.
Cuadra said during the meeting Kocis had been critical of Lockhart, referring to him as “a little bitch” and “the product.”
Kerekes said Cuadra and Kocis each had a glass of wine during the meeting and stated he believed that Cuadra “slipped him something,” in his drink.
“Don’t feel too bad for him,” Cuadra told Lockhart.
“It’s what kind of made the whole decision kind of easy, almost a little too easy,” Cuadra said. “I should have thought where all those fingers would have pointed, I remember looking at the press. I’m just glad this (expletive) is over.”
During the San Diego conversations, Cuadra and Kerekes described Kocis’ home — the design of his front door and the high-end home entertainment system he owned.
Cell phone data obtained by prosecutors also indicated Cuadra and Kerekes were in Kocis’ neighborhood at the time of the killing and witnesses reported seeing a silver Nissan Xterra rented by Cuadra at the Kocis home between 6:30 and 8:26 p.m.
The meeting between Cuadra and Kocis was scheduled for between 7 and 8 p.m. and Cuadra said he was expecting to arrive around 7:15 p.m.
The Dallas Fire Department was dispatched to the fire at Kocis’ home at 8:34 p.m.
Investigators found more 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.
An escort call in Virginia
Alibi: Cuadra sent a handwritten note to acquaintance Nep Maliki last year, setting the story line for an alibi in which he claimed to be working as a male escort in Virginia at the time Kocis was killed.
Cuadra told Maliki, who works at a fast food restaurant in the Virginia Beach area, that they had met at Cuadra’s home on the morning of Jan. 24, 2007, the day Kocis was killed.
They were there for about an hour before they showered together and Maliki left, Cuadra said.
“I guess the thing we need to get clear is the time you came over,” Cuadra said in the note. “Did you work early that day after you saw me? At what time did you go into work that day? Please check with your work.”
The note, which Cuadra told Maliki was “for his eyes only,” was included as an exhibit in the prosecutors’ answer to an omnibus pretrial motion filed by Cuadra’s attorneys in March.
Cuadra asked former escort client Howard Hallford to corroborate the Maliki story in a May 2007 interview with police. Hallford agreed, but then backed off, saying he had only seen Cuadra once in a two-week span in mid- to late January 2007.
Evidence: The evidence, witnesses, cell phone data and e-mail records used to disprove the motel alibi placed Cuadra in Dallas Township around the time Kocis was killed.
The uncertainty and unwillingness of Maliki and Hallford to cooperate damaged any corroboration Cuadra may have received. Even if Cuadra and Maliki did meet the morning of Jan. 24 — a possibility muted by Cuadra and Kerekes’ arrival at the Fox Ridge Inn the night before — Cuadra still could have had time to make the seven-and-a-half hour drive from Virginia Beach to Kocis’ home.
Joseph Kerekes
Out of state, out of mind
Alibi: In a telephone conversation recorded by investigators while he was imprisoned at the Virginia Beach Correctional Facility, Kerekes explained to Renee Martin, an acquaintance and former neighbor who has been described by prosecutors as their business associate, that he planned to fight his arrest and eventual extradition to Luzerne County by claiming he was not in Pennsylvania when Kocis was murdered.
Evidence: Kerekes checked into the Fox Ridge Inn in Plains Township with Cuadra on Jan. 23, 2007, and showed a photo identification to the owner, Thakor Patel. Kerekes also indicated to Patel that the vehicle he and Cuadra had arrived in was gray with a Virginia registration. Cuadra rented a silver Nissan Xterra the previous morning from an Enterprise Rent-a-Car office in Virginia Beach, prosecutors said.
On the check-in slip, Kerekes noted that he was from Virginia and originally started to provide an address of “1028 Str,” before crossing it out and giving a different Virginia address, but with a Florida zip code, prosecutors said. Kerekes and Cuadra lived at 1028 Stratem Court in Virginia Beach.
‘Plan B’: a hypothetical alibi
Alibi: After they became disconnected, Kerekes called Martin back and said he was ready to confess the real story of what happened the night Kocis was killed. Martin sug-gested Kerekes tell the story in a hypothetical form — an alibi referred to by the defendants and prosecutors as “Plan B.”
“OK, once upon a time there was a gay escort couple that, ya know, once upon a time that thought maybe working with this movie producer would be good, whereas he, you know, he had access to other young stars that would enhance one of the two’s career, so they set up an appointment to meet,” Kerekes told Martin.
Kerekes said one of the men went to meet the producer while the other stayed in a hotel room. The hypothetical story matches up to Cuadra visiting Kocis and Kerekes staying at the Fox Ridge Inn, prosecutors said.
“When he approached the home, obviously there had been an intrusion, and the door was open,” Kerekes said. “Hypothetically and supposedly then, he found what was there, and he, supposedly and hypothetically, ran and came back to the older one, which was in the hotel and they were scared.”
Evidence: The phone data obtained by prosecutors indicated Cuadra and Kerekes were in Kocis’ neighborhood at the time of the killing. Their own admissions in the San Diego conversations, as well as the other evidence used to disprove Cuadra’s motel alibi, show an intimate knowledge of the Kocis’ home and the events surrounding his death.
Staying in, sending e-mails
Alibi: Kerekes previously suggested he had been making an escort call, sending e-mails and visiting Web sites at the Fox Ridge Inn when the killing occurred.
Kerekes sent an e-mail to the alleged client, Matthew Brannon of Fayetteville, N.C., at-tempting to bolster his Fox Ridge Motel claim, four minutes after the fire at Kocis’ house was called in to 911 and 10 to 13 minutes after a neighbor witnessed the Nissan Xterra backing out of Kocis’ driveway, prosecutors said.
Evidence: Brannon, a computer expert, said he was not in Pennsylvania on Jan. 24, 2007, and adamantly denied to investigators being with Kerekes that night.
He said the e-mail from Kerekes could have been sent from anywhere using a mobile air card. State police confirmed continuous Internet connectivity is available throughout the area where Kocis’ house was located.
Wednesday, July 30, 2008
Some Unknown Details...
While we await more details about today's hearing (nothing new yet) ... I thought it would be interesting to post something that I stumbled upon while reviewing the Defenses' response to the Virginia Beach Search Warrant issue... the following are excerpts from a document filed by Cpl. Leo Hannon, which was titled "The Material Facts Constituting Probable Cause that the Search Should be Made".
While a good portion of this document is repeated in the later filed Affidavit of Probable Cause... I did find some interesting things that weren't (or at least not to this detail) and will post those 'quotes' now:
"Additionally, a folding-style knife was found to be open and in the area of the origin of said arson fire."
"Investigators interviewed Attorney Sean Macias who represented Bryan Kocis in a lawsuit that was ongoing at the time of Kocis’s death. According to Attorney Macias, the lawsuit was filed in Federal Court under case number 06 CV 0293J. In the lawsuit, Kocis’s company, Cobra Video, was suing Sean Lockhart, Grant Roy and LSG Media; The lawsuit alleged systematic infringement and misappropriation of Kocis’ property rights regarding the distributes Adult Male Gay entertainment via DVD/video sales and provides adult material through its websites, www.cobravideo.com and www.brentcorriganxxx.com. One of the primary models for Kocis’ company was Sean Lockhart AKA Brent Corrigan. In the lawsuit, it is alleged that Sean Lockhart developed a new business relationship with LSG Media; which is a partnership between Sean Lockhart, Grant Roy and Lee Bergeron. A review of court documents reveals that during 2006 there were a number of depositions taken in furtherance of the aforementioned lawsuit. "
"During the week of January 15, 2007, Kocis traveled to California to confer with his Attorney regarding the pending lawsuit and a potential settlement. Attorney Macias advised that on January 19, 2007 a settlement was reached. This settlement allegedly gave Lockhart and his associates only seven days to complete certain agreements or would have to pay an additional settlement cost. The settlement further called for Lockhart to remove all negative “blogs” regarding Kocis. Lockhart additionally agreed to provide and release medical records to Kocis. Additionally, Kocis would retain all rights to the name “Brent Corrigan” for a period of time, and would thereafter receive a percentage of gross proceeds from website and DVD sales. "
"The investigation also revealed that Sean Lockhart, a/k/a Brent Corrigan, created his own website known as “brentcorriganonline.com,” in violation of contractual agreements between the victim and Lockhart. Several biographical entries found on the website as well as other various blog sites illustrate strong feelings of personal animosity on the part of Lockhart toward Brian Kocis. Additionally, subsequent investigation revealed that Lockhart held a desire to be credited as a director, and additionally wished to hold responsibility for his own career decisions, which he believed was impeded by Kocis. Also according to said writings, Lockhart believed that he had been “manipulated” by Kocis, and was taken advantage of due to his young age and naivety with regard to the adult entertainment industry. "
"Sergeant Douglas Higgins, Dallas Township Police Department, Dallas, Pennsylvania, advised Cpl. Leo D. Hannon Jr. that he interviewed Benjamin Gilbert of Palmdale, California. Gilbert advised that he associated with Sean Lockhart and they last had contact in October 2006 Gilbert recalled that Lockhart had spoken about getting rid of Bryan Kocis; that he hated Kocis; and that Kocis had ruined his life. Gilbert also referred to a friend of Lockhart known as Grant who stated he wanted to find a “cleaner” to take care of Kocis. Gilbert overheard Lockhart telling Grant not to talk about that in front of people you don’t know. Gilbert further advised that Grant is in love with Lockhart and would do anything for Lockhart. "
"On February 2, 2007, the Pennsylvania State Police released a photograph attached to the Danny Moilin application to the local and national media outlets. On February 3, 2007, Trooper Lisa A. Brogan spoke to Ryan Anderson of Norfolk, Virginia. Anderson stated that a friend of his once worked for the person in the photo. Anderson stated the unidentified male is Harlow Cuadra from Virginia Beach, Virginia. Anderson stated Cuadra is a gay male model and a paid escort. Anderson stated that one could view Harlow Cuadra via his MySpace profile: www.myspace.com/harlowcuadra. Cuadra is part owner of gay pornography websites: www.boybatter.com and www.boisrus.com. Cuadra operates a male escort service and website referred to as www.norfolkmaleescorts.com. Anderson also forwarded two photos to Trooper Brogan. Anderson advised both photos were posted on Harlow Cuadra's MySpace page. Anderson stated that Harlow Cuadra and Sean Lockhart, aka Brent Corrigan, were in Las Vegas for the Adult Video Convention and the photo was taken at Le Cirque; a restaurant located within the Bellagio Hotel. Anderson did not know who took the photo, but was familiar with Le Cirque; jackets and ties are required. Anderson added that "Trent" (stage name) is partners with Harlow Cuadra in the escort business. Anderson stated Cuadra and Trent were former lovers but Cuadra left Trent for Sean Lockhart. Anderson did not know Trent's real name but thought his first name may be "Joe"."
"On February 3, 2007, Trooper Brogan spoke to one Michael Wahl, who resides in Yorktown, Virginia. Wahl stated he heard about the murder of Bryan Kocis on website, www.gay.com. He was reading about the murder on several other websites and immediately knew the identity of the male subject. Wahl stated that the name of the person in the photo was "Harlow". Wahl was unsure of his last name but thought it was Drake. Wahl stated that Harlow is well known in the gay community where he lives. Wahl stated that a former friend of his used to model with Harlow. Wahl stated Harlow and his business partner, Joseph Kerekes, operate an illegal escort service and produce gay pornography. Kerekes also does some modeling: using stage names of "Trent" or "Travis". Wahl believed Joe and Harlow were involved intimately, but broke up over Sean Lockhart; aka Brent Corrigan. Wahl stated Harlow was going to leave Kerekes for Lockhart. Harlow and Sean Lockhart were supposedly going to make a movie together."
"On 02/09/07 Cpl. Mark Filarsky and Cpl. Gerald Williams interviewed Grant Roy who was in the presence of his counsel, Attorney Ezekiel Cortez. This interview was conducted via teleconference. The following is a synopsis of the interview; I was surfing the internet looking for models in anticipation of the settlement of the lawsuit with Bryan Kocis. That is when I came across Harlow. I sent 1 or 2 emails his web site. I never heard back from him but Sean Lockhart did. I was informed by Sean that Harlow was looking to work with us. I asked Sean if he was coming to Las Vegas for the convention and Sean said he wasn’t. I told Sean to call him and tell him to come to Vegas.
We did meet with Harlow and his friend Joe who goes by the stage name Trent. Harlow was in the Navy and Joe was in the Marines. They have been a couple for about the last 6 years. We were at dinner one night in Vegas when we were discussing the possibility of trading scenes but I informed them that we could not do anything at this point because of the pending litigation with Bryan Kocis. Harlow then asked what if Bryan left the country, Sean said that he would only come back. Joe then said that Harlow knows someone that would do anything for him. Harlow then asked what if Bryan went to Canada. Sean had a few drinks in him and I don’t think he understood what Harlow was saying. I looked at Harlow and knew that he was talking about getting rid of him (killing him) I grabbed Harlow by the knee and told him no, we don’t need Bryan to leave the country. This conversation took place while in Las Vegas for a gay porn convention during the week of January 15 to the 19 2007."
While a good portion of this document is repeated in the later filed Affidavit of Probable Cause... I did find some interesting things that weren't (or at least not to this detail) and will post those 'quotes' now:
"Additionally, a folding-style knife was found to be open and in the area of the origin of said arson fire."
"Investigators interviewed Attorney Sean Macias who represented Bryan Kocis in a lawsuit that was ongoing at the time of Kocis’s death. According to Attorney Macias, the lawsuit was filed in Federal Court under case number 06 CV 0293J. In the lawsuit, Kocis’s company, Cobra Video, was suing Sean Lockhart, Grant Roy and LSG Media; The lawsuit alleged systematic infringement and misappropriation of Kocis’ property rights regarding the distributes Adult Male Gay entertainment via DVD/video sales and provides adult material through its websites, www.cobravideo.com and www.brentcorriganxxx.com. One of the primary models for Kocis’ company was Sean Lockhart AKA Brent Corrigan. In the lawsuit, it is alleged that Sean Lockhart developed a new business relationship with LSG Media; which is a partnership between Sean Lockhart, Grant Roy and Lee Bergeron. A review of court documents reveals that during 2006 there were a number of depositions taken in furtherance of the aforementioned lawsuit. "
"During the week of January 15, 2007, Kocis traveled to California to confer with his Attorney regarding the pending lawsuit and a potential settlement. Attorney Macias advised that on January 19, 2007 a settlement was reached. This settlement allegedly gave Lockhart and his associates only seven days to complete certain agreements or would have to pay an additional settlement cost. The settlement further called for Lockhart to remove all negative “blogs” regarding Kocis. Lockhart additionally agreed to provide and release medical records to Kocis. Additionally, Kocis would retain all rights to the name “Brent Corrigan” for a period of time, and would thereafter receive a percentage of gross proceeds from website and DVD sales. "
"The investigation also revealed that Sean Lockhart, a/k/a Brent Corrigan, created his own website known as “brentcorriganonline.com,” in violation of contractual agreements between the victim and Lockhart. Several biographical entries found on the website as well as other various blog sites illustrate strong feelings of personal animosity on the part of Lockhart toward Brian Kocis. Additionally, subsequent investigation revealed that Lockhart held a desire to be credited as a director, and additionally wished to hold responsibility for his own career decisions, which he believed was impeded by Kocis. Also according to said writings, Lockhart believed that he had been “manipulated” by Kocis, and was taken advantage of due to his young age and naivety with regard to the adult entertainment industry. "
"Sergeant Douglas Higgins, Dallas Township Police Department, Dallas, Pennsylvania, advised Cpl. Leo D. Hannon Jr. that he interviewed Benjamin Gilbert of Palmdale, California. Gilbert advised that he associated with Sean Lockhart and they last had contact in October 2006 Gilbert recalled that Lockhart had spoken about getting rid of Bryan Kocis; that he hated Kocis; and that Kocis had ruined his life. Gilbert also referred to a friend of Lockhart known as Grant who stated he wanted to find a “cleaner” to take care of Kocis. Gilbert overheard Lockhart telling Grant not to talk about that in front of people you don’t know. Gilbert further advised that Grant is in love with Lockhart and would do anything for Lockhart. "
"On February 2, 2007, the Pennsylvania State Police released a photograph attached to the Danny Moilin application to the local and national media outlets. On February 3, 2007, Trooper Lisa A. Brogan spoke to Ryan Anderson of Norfolk, Virginia. Anderson stated that a friend of his once worked for the person in the photo. Anderson stated the unidentified male is Harlow Cuadra from Virginia Beach, Virginia. Anderson stated Cuadra is a gay male model and a paid escort. Anderson stated that one could view Harlow Cuadra via his MySpace profile: www.myspace.com/harlowcuadra. Cuadra is part owner of gay pornography websites: www.boybatter.com and www.boisrus.com. Cuadra operates a male escort service and website referred to as www.norfolkmaleescorts.com. Anderson also forwarded two photos to Trooper Brogan. Anderson advised both photos were posted on Harlow Cuadra's MySpace page. Anderson stated that Harlow Cuadra and Sean Lockhart, aka Brent Corrigan, were in Las Vegas for the Adult Video Convention and the photo was taken at Le Cirque; a restaurant located within the Bellagio Hotel. Anderson did not know who took the photo, but was familiar with Le Cirque; jackets and ties are required. Anderson added that "Trent" (stage name) is partners with Harlow Cuadra in the escort business. Anderson stated Cuadra and Trent were former lovers but Cuadra left Trent for Sean Lockhart. Anderson did not know Trent's real name but thought his first name may be "Joe"."
"On February 3, 2007, Trooper Brogan spoke to one Michael Wahl, who resides in Yorktown, Virginia. Wahl stated he heard about the murder of Bryan Kocis on website, www.gay.com. He was reading about the murder on several other websites and immediately knew the identity of the male subject. Wahl stated that the name of the person in the photo was "Harlow". Wahl was unsure of his last name but thought it was Drake. Wahl stated that Harlow is well known in the gay community where he lives. Wahl stated that a former friend of his used to model with Harlow. Wahl stated Harlow and his business partner, Joseph Kerekes, operate an illegal escort service and produce gay pornography. Kerekes also does some modeling: using stage names of "Trent" or "Travis". Wahl believed Joe and Harlow were involved intimately, but broke up over Sean Lockhart; aka Brent Corrigan. Wahl stated Harlow was going to leave Kerekes for Lockhart. Harlow and Sean Lockhart were supposedly going to make a movie together."
"On 02/09/07 Cpl. Mark Filarsky and Cpl. Gerald Williams interviewed Grant Roy who was in the presence of his counsel, Attorney Ezekiel Cortez. This interview was conducted via teleconference. The following is a synopsis of the interview; I was surfing the internet looking for models in anticipation of the settlement of the lawsuit with Bryan Kocis. That is when I came across Harlow. I sent 1 or 2 emails his web site. I never heard back from him but Sean Lockhart did. I was informed by Sean that Harlow was looking to work with us. I asked Sean if he was coming to Las Vegas for the convention and Sean said he wasn’t. I told Sean to call him and tell him to come to Vegas.
We did meet with Harlow and his friend Joe who goes by the stage name Trent. Harlow was in the Navy and Joe was in the Marines. They have been a couple for about the last 6 years. We were at dinner one night in Vegas when we were discussing the possibility of trading scenes but I informed them that we could not do anything at this point because of the pending litigation with Bryan Kocis. Harlow then asked what if Bryan left the country, Sean said that he would only come back. Joe then said that Harlow knows someone that would do anything for him. Harlow then asked what if Bryan went to Canada. Sean had a few drinks in him and I don’t think he understood what Harlow was saying. I looked at Harlow and knew that he was talking about getting rid of him (killing him) I grabbed Harlow by the knee and told him no, we don’t need Bryan to leave the country. This conversation took place while in Las Vegas for a gay porn convention during the week of January 15 to the 19 2007."
Friday, July 18, 2008
PPO Requests the Attendance of Sean Macias... Details
CERTIFICATE OF JUDGE OF REQUESTING STATE FOR ATTENDANCE OF OUT OF STATE WITNESS
I, Peter Paul Olszewski, judge of Luzerne County Court of Common Pleas, State of Pennsylvania, a Court of Record, certify:
1. That there is now pending in this Court the above-entitled prosecution by the Commonwealth of Pennsylvania against HARLOW CUADRA/JOSEPH KEREKES, wherein defendants have been charged with the crimes of: 18 Pa.C.S.A. §2501(a), Criminal Homicide; 18 Pa.C.S.A. §903, Criminal Conspiracy to Commit Homicide; 18 Pa.C.S.A. §3301(a) (1) (1), Arson — Danger of Death of Bodily Injury, a. felony of the first degree; 18 Pa.C.S.A. §3301(a) (1) (ii), Arson — Inhabited Building or Structure, a felony of the first degree; 18 Pa.C.S.A. §3701(a)(l)(i), Robbery — Inflict Serious Bodily Injury, a felony of the first degree; 18 Pa.C.S.A. 1(a), Theft by Unlawful Taking — Movable Property, a felony of the third degree; 18 Pa.C.S.A. 49l0(l), Tamper With/Fabricate Physical Evidence, a misdemeanor of the second degree; 18 Pa.C.S.A. §5510 Abuse of Corpse, a misdemeanor of the second degree; 18 Pa.C.S.A. §903, Criminal Conspiracy to Commit Robbery under §3701(a (1)(i), a felony of the first degree; 18 Pa.C.S.A. §903, Criminal Conspiracy to Commit Tampering With/Fabricating Physical Evidence under §4910(1), a misdemeanor of the second degree and; § 903, Criminal Conspiracy to Commit Arson and Related Offenses under §3301(a)(1)(i), a felony of the first degree, and Criminal Use of a Communication Facility, 18 Pa. C.S.A. 7512, a felony of the third degree.
2. That the above-entitled matter is currently scheduled for jury trial beginning September 2, 2008 in the Luzerne County Court of Common Pleas before Judge Peter Paul Olszewski.
3. That Attorney Sean Macias, whose current address is XXX, Glendale, CA is a necessary and material witness for the State of Pennsylvania for the reason that the Commonwealth asserts he was on the phone with the victim when the alleged assailant arrived and the victim acknowledged the arrival of the expected model.
4. That if the said witness, Attorney Sean Macias comes into the State of Pennsylvania in obedience to an Order directing him to attend and testify at trial in Luzerne County Court of Common Pleas, the laws of the State of Pennsylvania and of any other State through which he may be required to pass by ordinary course of travel to attend the trial, will give him protection from arrest or service of process, either civil or criminal, in connection with matters that arose before his entrance into the State of Pennsylvania.
5. That Attorney Macias’s testimony in the above-entitled matter will require him to be present in the State of Pennsylvania for approximately three (3) days, (beginning September 10-13, 2008), not including the time necessary to travel from and return to Los Angeles, California. The State of Pennsylvania will provide round-trip transportation, lodging and meals, witness fees and any other related costs ordered by a Court in Los Angeles County, California, for Attorney Sean Macias. A check in the amount of $25.00 per day witness fees will be provided pursuant to the provisions of the Uniform Act to Secure the Attendance of Out-of-State Witnesses in Criminal Proceedings.
6. That the State of Pennsylvania believes that it will not cause undue hardship to Attorney Sean Macias to attend and testify for the State of Pennsylvania at trial in the above-entitled matter.
7. That this certificate is made for the purpose of being presented to a judge of a court of record of the County of Los Angeles, State of California, where Attorney Sean Maclas is now working or residing upon proceedings to compel him to attend and testify in Luzerne County Court of Common Pleas upon the day and date set forth.
Thursday, July 17, 2008
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.
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.
Friday, July 11, 2008
Cuadra, Kerekes Attorneys Should Have Acted Sooner, Olszewski Says
The Citizens' Voice is reporting that the two defense attorneys dismissed Wednesday from the capital murder case against Harlow Cuadra and Joseph Kerekes were aware of their potential conflict of interest since May and should have moved to remove themselves sooner, Luzerne County Judge Peter Paul Olszewski Jr. said.
Mark Bufalino, who represented Kerekes, and Galante, who represented Cuadra, joined the Wilkes-Barre office of the Philadelphia-based law firm Elliott Greenleaf in May, and Bufalino spoke about the potential conflict with Luzerne County Assistant District Attorney Michael Melnick last month, Olszewski said.
“Those issues and that conversation, for whatever reason, were not brought to the attention of this court,” Olszewski said.
“That should have been reported to the court,” Olszewski added. “I’m disappointed that did not happen.”
Olszewski extended the midday lunch break Wednesday to nearly two hours to allow the four remaining defense attorneys time to determine whether they could proceed with the pre-trial hearing later in the afternoon.
The hearing had been scheduled to resolve a number of motions, including a request from both defendants that they be tried separately and that certain pieces of prosecution evidence be suppressed.
Cuadra, 26, and Kerekes, 34, both of Virginia Beach, Va., are accused of killing Bryan Kocis, 46, the owner of a company they produced gay pornographic films, in Dallas Township 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 home.
They face the death penalty and are scheduled to stand trial together beginning Sept. 2.
When the hearing resumed Wednesday, the attorneys for Cuadra and Kerekes told Olszewski they were not prepared to continue and asked for more time.
Olszewski granted a continuance and said he would appoint new attorneys to fill the vacancies created by the removal of Bufalino and Galante. Possible replacements include the five attorneys left in the conflict counsel pool: Brian Corcoran, Joseph Cosgrove, Samuel Falcone Jr., Matthew Kelly and Gerald Wassil.
Despite the delay, Olszewski said he still wants the trial to start Sept. 2.
Melnick said 12 witnesses had been brought in at taxpayer expense from Virginia, California and elsewhere to testify at the pre-trial hearing, including Renee Martin, a business associate who has been identified as a material witness by prosecutors. Prosecutors recorded several telephone conversations Cuadra and Kerekes conducted with Martin, while they were incarcerated at the Virginia Beach Correctional Facility.
In one conversation, Kerekes told Martin about purchases he and Cuadra made at a Wal-Mart prior to Kocis’ murder, including a device similar to a Swiss Army knife, germicide and an “exasperator,” which he described as “stuff to make a fire big.”
Prosecutors said that prior to the murder, Cuadra and Kerekes had complained to employees and associates of their pornography business that Cobra Video, a company owned by Kocis, had been impeding their expansion.
Mark Bufalino, who represented Kerekes, and Galante, who represented Cuadra, joined the Wilkes-Barre office of the Philadelphia-based law firm Elliott Greenleaf in May, and Bufalino spoke about the potential conflict with Luzerne County Assistant District Attorney Michael Melnick last month, Olszewski said.
“Those issues and that conversation, for whatever reason, were not brought to the attention of this court,” Olszewski said.
“That should have been reported to the court,” Olszewski added. “I’m disappointed that did not happen.”
Olszewski extended the midday lunch break Wednesday to nearly two hours to allow the four remaining defense attorneys time to determine whether they could proceed with the pre-trial hearing later in the afternoon.
The hearing had been scheduled to resolve a number of motions, including a request from both defendants that they be tried separately and that certain pieces of prosecution evidence be suppressed.
Cuadra, 26, and Kerekes, 34, both of Virginia Beach, Va., are accused of killing Bryan Kocis, 46, the owner of a company they produced gay pornographic films, in Dallas Township 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 home.
They face the death penalty and are scheduled to stand trial together beginning Sept. 2.
When the hearing resumed Wednesday, the attorneys for Cuadra and Kerekes told Olszewski they were not prepared to continue and asked for more time.
Olszewski granted a continuance and said he would appoint new attorneys to fill the vacancies created by the removal of Bufalino and Galante. Possible replacements include the five attorneys left in the conflict counsel pool: Brian Corcoran, Joseph Cosgrove, Samuel Falcone Jr., Matthew Kelly and Gerald Wassil.
Despite the delay, Olszewski said he still wants the trial to start Sept. 2.
Melnick said 12 witnesses had been brought in at taxpayer expense from Virginia, California and elsewhere to testify at the pre-trial hearing, including Renee Martin, a business associate who has been identified as a material witness by prosecutors. Prosecutors recorded several telephone conversations Cuadra and Kerekes conducted with Martin, while they were incarcerated at the Virginia Beach Correctional Facility.
In one conversation, Kerekes told Martin about purchases he and Cuadra made at a Wal-Mart prior to Kocis’ murder, including a device similar to a Swiss Army knife, germicide and an “exasperator,” which he described as “stuff to make a fire big.”
Prosecutors said that prior to the murder, Cuadra and Kerekes had complained to employees and associates of their pornography business that Cobra Video, a company owned by Kocis, had been impeding their expansion.
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