To Believe... or Not To Believe [Redux]

After listening to the video feed from the Times Leader several times, Joseph Kerekes is clearly heard blaming the detectives in Virginia Beach for seizing his, and Harlow Cuadra's money and property. The questions is ... who's telling the truth when it comes to the actual dollar amount?

The Citizens Voice quoted Joe as saying "I'm very angry they took $200,000 of our money"; while the Times Leader also reported that Joe said police seized $200,000 and property from him and co-defendant Harlow Cuadra for no reason.

Yet Virginia Beach Court records clearly show that they only took $26,585.25 in monetary funds:



What happened to the other $174,414.75?

Did two separate newspapers get the same quote wrong, or did Joe mistakingly add a '0' ?

Perhaps it's like the story Joe just recently posted on his own blog ( or someone acting as him ), stating that they had 40 computers:

What's odd is VA seized only 2 computers and 5 monitors. Were's the other 38 computers? Perhaps Mamma Kerekes cleaned house really well:

- PC

Formal Arraignment - What We've Learned

Yesterday’s Formal Arraignment for Harlow Cuadra and Joe Kerekes provided a torrent of new information. Here’s a round-up of the latest facts in the Bryan Kocis murder case, as reported by the Wilkes-Barre media.

Some are simple; some have less-obvious implications.

1. Harlow and Joe both pleaded not guilty. A status conference was scheduled for December 21, 2007. The trial date was set for March 24, 2008

2. The district attorney's office announced its intention to try Cuadra and Kerekes jointly for Kocis' murder.

3. Joe's retained attorneys, Frank and Joseph Nocito, are no longer involved in the case. Kerekes all but said that lack of money was the reason for their brief inolvement in the case.

4. The attorney previously retained for Harlow, William Ruzzo remains his attorney (no doubt by court appointment), but is now lawyer for both defendants, along with Jonathan Blum from the public defender’s office.

5. Both defendants have 30 days to determine if they can hire private counsel. If not, it’s likely that a court-appointed conflict counsel will handle differences between the defenses of Harlow and Joe.

6. Not the least of those differences may arise because Cuadra has reportedly already “provided information about the case,” presumably to the DA’s office. (The folks at HarlowCuadraOnline flatly deny this report.)

7. Cuadra and Kerekes may fight for separate trials. If they do, it's an indication that they mean to present differing theories of the crime.

8. Harlow gave voice to the idea that Sean Lockhart and Grant Roy have knowledge of who killed Kocis.

9. Joe is demonstrably more interested in venting his anger about how he says police seized $200,000 in cash and property from him and Harlow for no reason. Or was it done to deny them a proper defense? Joe can’t seem to decide which, but he sure is mad about it.

10. For the convenience of the PD’s office, Olszewski directs that Cuadra be moved to the Luzerne County Jail if prison officials can find a way to keep him there while also keeping him separated from Kerekes.

11. It appears as if Olszewski has issued a limited gag order, barring the parties from publicly discussing certain aspects of the case. No telling what that order does to those blogs that purport to speak with the defendants’ voices.

Formal Arraignment: Further Updates

Update (10/05/07 5:35 AM): The Citizens Voice: As for the plea, Kocis' parents were in the front row of the courtroom, looking on when attorneys for both Cuadra and Kerekes said their clients were not guilty and wanted a trial.

When Olszewski asked Kerekes how he wanted to plead, he started to say "absolutely not" before he was interrupted by attorney Jonathan Blum, his public defender. Blum, not Kerekes, entered the plea. Kerekes later asked if he could say something, and Olszewski turned to him and said "no."

Blum indicated there is a potential conflict if the public defenders' office represents both Cuadra and Kerekes during trial. Cuadra already is being represented by Blum and fellow public defender William Ruzzo.

One solution is for Olszewski to appoint one of the county's conflict counsel to represent one of the two men, likely Kerekes, because Cuadra may have already provided information about the case. Olszewski also indicated both defendants would have 30 days to determine if they could hire private counsel.

The Times Leader also has an update, but it doesn't add much to what we already know.
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WNEP TV-16 reports: 'Investigators said Harlow Cuadra and Joseph Kerekes of Virginia Beach are cold blooded killers but the two spoke with Newswatch 16 and their message was clear.

'"Not guilty, not guilty, not guilty," said Joseph Kerekes.

'He and Harlow Cuadra said they had nothing to do with Bryan Kocis' brutal murder. The two are charged with killing the gay porn producer in his Dallas are home in January, then torching the place. Prosecutors are seeking the death penalty against both men.

'Cuadra said the people responsible for Kocis's death are two other men involved in the gay porn industry.

'"It's not right. I didn't kill him," Cuadra said. When asked who did Cuadra said, "Ask Shaun [sic.] and Grant."'

The Immediate Questions

Breaking news is not always accurate in every detail. We must consider that when assessing the information released by the Times Leader and Citizens’ Voice so far.

Bearing that fully in mind, a number of potential questions and discrepancies do arise.

1. Joe Kerekes is said to be angry that Pennsylvania State Police took $200,000 away from him and Harlow Cuadra, along with their home. He goes further, according to the reports, saying that the seizures were for no reason. What a curious thing to claim. Money and property were certainly seized but by the Virginia Commonwealth Attorney’s office, not the PA State Police. And the house was given back. Add to that, the knowledge that the money was thusly taken in the course of a pending RICO prosecution—hardly taken for no reason.

2. The articles also have Joe saying that he and Harlow need that money for their legal fees. But the pair’s outstanding debts would have almost certainly removed that money from them long before it could have been applied to legal fees. Anger does not change that fact.

3. We now hear that the Public Defenders office is involved in Harlow and Joe’s case. When exactly did they become involved? And do Harlow and Joe enjoy the same lawyers now—under court appointment—that they did by private means? Who are their new lawyers, if they have new ones?

Yes, here’s hoping that the longer articles expected tomorrow answer some questions... foremost being, are the reports confused, or are the defendants?

In Court: Formal Arraignment

Update (2:25 PM): Citizens Voice has also picked up on the story:

"Luzerne County Judge Peter Paul Olszewski Jr. set a March 24 trial date and scheduled a Dec. 21 status conference. The Luzerne County District Attorney's Office notified Olszewski of its intent to try Cuadra and Kerekes together.

Two issues likely to come up in coming weeks are the joint trial and the appointment of potential conflict counsel, due to Cuadra and Kerekes both currently being represented by the county public defender's office.

On his way into the courthouse, Cuadra maintained his innocence and said it was "not right" the prosecution was seeking the death penalty."
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The Times Leader is reporting that Harlow Cuadra and Joseph Kerekes have pleaded not guilty today at their formal arrainment.

"Homicide suspect Joseph Kerekes said he’s “very angry.”

"Police, he said, seized $200,000 and a home from himself and Harlow Cuadra for no reason.

That, he claims, is going to prevent the two from paying for an adequate defense on homicide charges – charges he and Cuadra plan to fight."

[Note: Citizens' Voice links to breaking news may go stale as soon as the story is updated.]

Formal Arraignment... What To Expect

With the preliminary hearing over, we're now moving to the next stage which is Thursday's formal arraignment. This is where the charges will be formally announced to the court. ( we already know the death penalty is being sought ).

Once the indictment has been read aloud in court, both Harlow Cuadra and Joseph Kerekes will be asked to enter a plea of guilty or not guilty. The only other alternative would be a plea of no contest, which neither admits or denies the facts alleged by the DA, often requires no allocution, and is a plea that cannot be used later as evidence against the defendant in future civil matters-- like if Mr. Kocis' family decided to sue Harlow and Joe. A no contest plea is allowed only at the prosecutors' (and judge's) discretion, and it almost certainly is not one available in this case.

If Harlow and Joe plead not guilty, the court will advise them of their right to counsel. If they're truly indigent and cannot afford counsel ( as their blog has stated ), the court will appoint Public Defenders to represent them.

There's also the remote possibility that one, or both could agree to a plea deal.

Please note that this is simply a brief overview, and that much more will be explained tomorrow after the arraignment.

-PC

First Harlow's Blog... Now The Auction

In what could only be described as a last-minute attempt to quickly raise funds for Harlow Cuadra and Joseph Kerekes' legal defense...

The online auction site selling various personal clothing items, a hot tub, plus a face-to-face meeting with the accused - now appears to be 'broken'. No bidding can take place, and users are left with an error message when trying to view/click on any item for sale.

It was just a couple of weeks ago that Harlow's own blog went down for several days, before eventually being restored. The timing of this latest 'whoops' appears to be especially bad given the current circumstances.

Update @ 4:28 PM - All appears to be back to normal.

-PC

DA To Seek Death Penalty

Update (10/02/07, 3:18 AM): The CV has a longer story... '[Luzerne County DA David] Lupas declined to comment, saying the paperwork speaks for itself.

'But Cuadra's public defender William Ruzzo... believes Lupas is going for death for the wrong reasons.

'"The death penalty is immoral and cruel and unusual punishment and the DA seeks it for political gain," Ruzzo said. "There is only one reason for the death penalty and that is revenge."

'A woman who answered the telephone at Kocis' parents' residence declined to comment.

'Kerekes' attorneys, Frank and Joseph Nocito, also could not be reached for comment.'

Update (10/02/07, 02:12 AM): The Times Leader has a little more info. "If the men are convicted of first-degree murder in the death, a jury will then hear additional testimony in what’s called the penalty phase.

"Prosecutors will present testimony to support their two factors of why they think the men should get death. Defense attorneys will present testimony to show why a sentence of life in prison would be more appropriate.

"The jury must be unanimous in its decision, or a judge will impose a sentence of life."

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The Citizens Voice is reporting that the DA will seek the death penalty in the Bryan Kocis murder:

"Luzerne County District Attorney David Lupas filed notice Monday of his intention to seek the death penalty against Harlow Cuadra and Joseph Kerekes in the January 2007 murder of Brian Kocis.

The prosecution argues it has grounds to seek the death penalty because Kocis' murder was allegedly committed in the process of a robbery and arson.

Prosecution also argues both Kerekes and Cuadra created a risk of death to other people while allegedly committing the crimes."

- Both PC & KM contributed to this story