Tuesday, September 9, 2008
The Case of the Cobra Killer... 1 Year Later.
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One Trial for Harlow Cuadra and Joseph Kerekes
The Citizens' Voice is reporting that accused killers Harlow Cuadra and Joseph Kerekes will be tried together with nearly all of the evidence prosecutors planned to use against them, including potential incriminating e-mail messages and recordings of conversations, Judge Peter Paul Olszewski Jr. ruled Monday.
Prosecutors will be able to introduce recordings and transcripts of the April 2007 conversations in which Cuadra and Kerekes shared details with two acquaintances of the killing, four months earlier, of Bryan Kocis in Dallas Township.
They will be able to introduce a series of e-mail messages Cuadra sent under a pseudonym to Kocis in the days before the killing, as well as physical evidence seized from the defendants’ home in Virginia Beach, Va., that connected them to Kocis’ residence.
But they will not be allowed to use any of the statements Kerekes made to investigators hours after his arrest in Virginia Beach in May 2007.
Kerekes’ attorneys argued those statements, which included opaque references to the killing, were elicited after Kerekes asked for an attorney, as he provided Cpl. Leo Hannon of state police and Special Agent James J. Glenn of the FBI with “biographical information” and listened to an informal reading of the criminal complaint against him.
“They walked into the room and I said, ‘I want a lawyer,’” Kerekes testified at a pre-trial hearing in July. “It was the first thing out of my mouth.”
Kerekes later cried and “swore on his mother’s life that he was not the one,” who killed Kocis, investigators said.
Kerekes volunteered information about a motive, and hinted at his possible involvement, as he denied knowledge of a telephone conversation between Cuadra and acquaintance Sean Lockhart on Jan. 25, the day after the killing.
“At no time did Cpl. Hannon permit the defendant to consult with counsel prior (to) questioning regarding the aforementioned information,” Olsewski wrote in a 50-page answer to motions filed earlier this year by Kerekes’ attorneys. Olszewski filed a 40-page answer to motions filed by Cuadra’s attorneys.
Cuadra, 26, and Kerekes, 34, both of Virginia Beach, Va., are accused of killing Kocis, a rival producer of gay pornographic films, and later setting fire to his Midland Drive home. They face the death penalty and are scheduled to stand trial Jan. 5.
Olszewski rejected a defense motion to separate the trials, which included claims that Cuadra and Kerekes have developed an “adversarial” relationship, with conflicting defense strategies, and should be tried separately.
“A claim of mere hostility between defendants, or that one defendant may try to exonerate himself at the expense of the other, is an insufficient basis upon which to grant a motion to sever,” Olszewski said.
According to notices of possible alibi defense filed by both defendants, Cuadra and Kerekes could claim they were in Room 211 of the Fox Ridge Motel in Plains Township at the time Kocis was killed, 12 miles away.
However, Kerekes has stated in conversations with acquaintance Renee Martin that he was in the room alone while Cuadra visited Kocis.
“The jury will have no choice but to disbelieve the testimony offered on behalf of one of the defendants in order to believe the testimony offered on behalf of the other defendant,” attorneys for Cuadra and Kerekes said in a brief filed Aug. 6.
“(The argument) that their defense are antagonistic is simply inaccurate,” Olsewski said. “Neither defendant claims his co-defendant committed the homicide. Indeed, both defendants have filed absolutely identical alibis.”
---
Meanwhile, the Times Leader says a Luzerne County judge ruled that identical alibi claims by homicide suspects Harlow Cuadra and Joseph Kerekes impeded their chances for separate trials.
Monday’s ruling by Court of Common Pleas Judge Peter Paul Olszewski Jr. was one of several pre-trial issues in the capital murder case against the two Virginia Beach, Va., men.
Cuadra, 27, and Kerekes, 34, are charged in the January 2007 killing of 44-year-old Bryan Kocis at the victim’s Dallas Township home. Investigators allege they killed Kocis, whom they considered their main rival in the gay porn film industry.
Attorneys for Cuadra and Kerekes sought separate trials because they say each client might implicate the other in the killing.
Cuadra and Kerekes claim they were at the Fox Ridge Inn in Plains Township when Kocis was killed. Kerekes also claimed that Cuadra left the motel alone and visited Kocis.
Olszewski determined their alibi defenses that they were at the motel are “absolutely identical alibis,” and are “neither antagonistic nor irreconcilable. They certainly do not require severance.”
In support of his ruling, Olszewski said Cuadra and Kerekes continued their alleged conspiracy after Kocis was killed by agreeing to a plan that prosecutors call Plan B.
Plan B, according to prosecutors, was devised by Kerekes and Cuadra while they were being held at a Virginia Beach prison in May 2007. During three-way telephone calls between Kerekes, Cuadra and their friend Renee Martin that were recorded by investigators, they agreed to an alibi that had Kerekes at the motel and Cuadra visiting Kocis, but left Kocis’ home when he smelled smoke.
Prosecutors were permitted to use two recorded conversations Kerekes and Cuadra allegedly had with Grant Roy and Sean Lockhart at a San Diego restaurant and beach in April 2007.
Investigators in California, with assistance from Pennsylvania investigators, intercepted the conversations by placing a recording device on Roy.
Arrest and court records allege Cuadra and Kerekes implicated themselves in the Kocis killing, telling Roy and Lockhart that they “did some recon work” of Kocis’ home, and said “It was quick; he never saw it coming.”
Lockhart was a contract model for Kocis’ company, Cobra Video.
Investigators claim Cuadra and Kerekes wanted to film movies with Lockhart, and discussed making “under-the-table payments” to Roy, a director of pornographic films and Lockhart’s business partner, to avoid paying Cobra Video.
Olszewski prohibited prosecutors from using statements Kerekes allegedly made to state police Cpl. Leo Hannon Jr. and special agent James Glenn with the Federal Bureau of Investigation after he was arrested in May 2007.
Hannon was reading the criminal complaint and affidavit to Kerekes when he interrupted several times, telling Hannon and Glenn he wanted an attorney.
Prosecutors are allowed to use e-mails recovered from computers owned by Cuadra and Kerekes, and items seized by investigators from their Virginia Beach home.
Investigators allege Cuadra sent Kocis several e-mails in mid-January 2007 under the pretense that he was interested in becoming a model for Cobra Video.
Olszewski said he will postpone his ruling on having the trial in Luzerne County or an out-of-county jury to decide the case until an attempt is made to select a jury in Luzerne County.
Their trial is tentatively scheduled to start with jury selection on Jan. 5.
---
... and WNEP TV-16 reports that two men suspected of killed a gay porn producer in Luzerne County then setting his house on fire to cover the crime will be tried together.
Harlow Cuadra and Joseph Kerekes are accused of killing Brian Kocis near Dallas in January of last year.
A Luzerne County judge also upheld the prosecution's request to seek the death penalty in the case.
Prosecutors will be able to introduce recordings and transcripts of the April 2007 conversations in which Cuadra and Kerekes shared details with two acquaintances of the killing, four months earlier, of Bryan Kocis in Dallas Township.
They will be able to introduce a series of e-mail messages Cuadra sent under a pseudonym to Kocis in the days before the killing, as well as physical evidence seized from the defendants’ home in Virginia Beach, Va., that connected them to Kocis’ residence.
But they will not be allowed to use any of the statements Kerekes made to investigators hours after his arrest in Virginia Beach in May 2007.
Kerekes’ attorneys argued those statements, which included opaque references to the killing, were elicited after Kerekes asked for an attorney, as he provided Cpl. Leo Hannon of state police and Special Agent James J. Glenn of the FBI with “biographical information” and listened to an informal reading of the criminal complaint against him.
“They walked into the room and I said, ‘I want a lawyer,’” Kerekes testified at a pre-trial hearing in July. “It was the first thing out of my mouth.”
Kerekes later cried and “swore on his mother’s life that he was not the one,” who killed Kocis, investigators said.
Kerekes volunteered information about a motive, and hinted at his possible involvement, as he denied knowledge of a telephone conversation between Cuadra and acquaintance Sean Lockhart on Jan. 25, the day after the killing.
“At no time did Cpl. Hannon permit the defendant to consult with counsel prior (to) questioning regarding the aforementioned information,” Olsewski wrote in a 50-page answer to motions filed earlier this year by Kerekes’ attorneys. Olszewski filed a 40-page answer to motions filed by Cuadra’s attorneys.
Cuadra, 26, and Kerekes, 34, both of Virginia Beach, Va., are accused of killing Kocis, a rival producer of gay pornographic films, and later setting fire to his Midland Drive home. They face the death penalty and are scheduled to stand trial Jan. 5.
Olszewski rejected a defense motion to separate the trials, which included claims that Cuadra and Kerekes have developed an “adversarial” relationship, with conflicting defense strategies, and should be tried separately.
“A claim of mere hostility between defendants, or that one defendant may try to exonerate himself at the expense of the other, is an insufficient basis upon which to grant a motion to sever,” Olszewski said.
According to notices of possible alibi defense filed by both defendants, Cuadra and Kerekes could claim they were in Room 211 of the Fox Ridge Motel in Plains Township at the time Kocis was killed, 12 miles away.
However, Kerekes has stated in conversations with acquaintance Renee Martin that he was in the room alone while Cuadra visited Kocis.
“The jury will have no choice but to disbelieve the testimony offered on behalf of one of the defendants in order to believe the testimony offered on behalf of the other defendant,” attorneys for Cuadra and Kerekes said in a brief filed Aug. 6.
“(The argument) that their defense are antagonistic is simply inaccurate,” Olsewski said. “Neither defendant claims his co-defendant committed the homicide. Indeed, both defendants have filed absolutely identical alibis.”
---
Meanwhile, the Times Leader says a Luzerne County judge ruled that identical alibi claims by homicide suspects Harlow Cuadra and Joseph Kerekes impeded their chances for separate trials.
Monday’s ruling by Court of Common Pleas Judge Peter Paul Olszewski Jr. was one of several pre-trial issues in the capital murder case against the two Virginia Beach, Va., men.
Cuadra, 27, and Kerekes, 34, are charged in the January 2007 killing of 44-year-old Bryan Kocis at the victim’s Dallas Township home. Investigators allege they killed Kocis, whom they considered their main rival in the gay porn film industry.
Attorneys for Cuadra and Kerekes sought separate trials because they say each client might implicate the other in the killing.
Cuadra and Kerekes claim they were at the Fox Ridge Inn in Plains Township when Kocis was killed. Kerekes also claimed that Cuadra left the motel alone and visited Kocis.
Olszewski determined their alibi defenses that they were at the motel are “absolutely identical alibis,” and are “neither antagonistic nor irreconcilable. They certainly do not require severance.”
In support of his ruling, Olszewski said Cuadra and Kerekes continued their alleged conspiracy after Kocis was killed by agreeing to a plan that prosecutors call Plan B.
Plan B, according to prosecutors, was devised by Kerekes and Cuadra while they were being held at a Virginia Beach prison in May 2007. During three-way telephone calls between Kerekes, Cuadra and their friend Renee Martin that were recorded by investigators, they agreed to an alibi that had Kerekes at the motel and Cuadra visiting Kocis, but left Kocis’ home when he smelled smoke.
Prosecutors were permitted to use two recorded conversations Kerekes and Cuadra allegedly had with Grant Roy and Sean Lockhart at a San Diego restaurant and beach in April 2007.
Investigators in California, with assistance from Pennsylvania investigators, intercepted the conversations by placing a recording device on Roy.
Arrest and court records allege Cuadra and Kerekes implicated themselves in the Kocis killing, telling Roy and Lockhart that they “did some recon work” of Kocis’ home, and said “It was quick; he never saw it coming.”
Lockhart was a contract model for Kocis’ company, Cobra Video.
Investigators claim Cuadra and Kerekes wanted to film movies with Lockhart, and discussed making “under-the-table payments” to Roy, a director of pornographic films and Lockhart’s business partner, to avoid paying Cobra Video.
Olszewski prohibited prosecutors from using statements Kerekes allegedly made to state police Cpl. Leo Hannon Jr. and special agent James Glenn with the Federal Bureau of Investigation after he was arrested in May 2007.
Hannon was reading the criminal complaint and affidavit to Kerekes when he interrupted several times, telling Hannon and Glenn he wanted an attorney.
Prosecutors are allowed to use e-mails recovered from computers owned by Cuadra and Kerekes, and items seized by investigators from their Virginia Beach home.
Investigators allege Cuadra sent Kocis several e-mails in mid-January 2007 under the pretense that he was interested in becoming a model for Cobra Video.
Olszewski said he will postpone his ruling on having the trial in Luzerne County or an out-of-county jury to decide the case until an attempt is made to select a jury in Luzerne County.
Their trial is tentatively scheduled to start with jury selection on Jan. 5.
---
... and WNEP TV-16 reports that two men suspected of killed a gay porn producer in Luzerne County then setting his house on fire to cover the crime will be tried together.
Harlow Cuadra and Joseph Kerekes are accused of killing Brian Kocis near Dallas in January of last year.
A Luzerne County judge also upheld the prosecution's request to seek the death penalty in the case.
Monday, September 8, 2008
We Have Some Rulings!
News flashes coming shortly (done)...
Update 1:29 PM: A Luzerne County judge has ruled prosecutors can not use certain statements homicide suspect Joseph Kerekes made to police regarding the investiation into the death of Brian Kocis.
Update 1:44 PM: PPO also rules that there will be one trial, denying requests by attorneys for homicide suspects Joseph Kerekes and Harlow Cuadra to have separate trials.
Update 2:12 PM: Two recorded conversations Cuadra and Kerekes had with Sean Lockhart and Grant Roy in California can be used by prosecutors, Olszewski ruled.
Update 2:55 PM: The Citizen's Voice is reporting that Harlow Cuadra and Joseph Kerekes will stand trial together for the January 2007 killing of Bryan Kocis in Dallas Township, and prosecutors will be allowed to present nearly all the evidence they planned to use against the defendants, including recorded conversations and e-mail messages, Judge Peter Paul Olszewski Jr. ruled today.
Prosecutors will be permitted to introduce recordings and transcripts of April 2007 conversations in which Cuadra and Kerekes shared details of the killing with two acquaintances in San Diego.
They will be able to introduce a series of e-mail messages Cuadra sent to Kocis under a pseudonym in the days before the killing and physical evidence seized from the defendants' home in Virginia Beach, Va.
But, they will not be allowed to use any of the statements Kerekes made to investigators hours after his arrest in Virginia Beach in May 2007.
Kerekes' attorneys argued those statements, which included references to the killing, were elicited after Kerekes asked for an attorney, as he provided Cpl. Leo Hannon of the Pennsylvania State Police with "biographical information" and listened to an informal reading of the affidavit filed against him.
"At no time did Cpl. Hannon permit the defendant to consult with counsel prior (to) questioning regarding the aforementioned information," Olsewski wrote in a 50-page answer to motions filed earlier this year by Kerekes' attorneys.
Olszewski filed a similar 40-page answer to motions filed by Cuadra's attorneys.
Update @ 4:28 PM: The Times Leader also reports that a Luzerne County judge ruled that there will be one trial, denying requests by attorneys for homicide suspects Joseph Kerekes and Harlow Cuadra to have separate trials.
The ruling by Court of Common Pleas Judge Peter Paul Olszewski Jr. is one of several pre-trial issues in anticipation for the scheduled January capital murder trial.
Kerekes, 34, and Cuadra, 27, both from Virginia Beach, Va., are charged in the killing of Bryan Kocis, 44, at Kocis' Dallas Township home in January 2007.
Investigators allege they killed Kocis, whom they considered their main rival in the gay movie production industry.
Attorneys for Kerekes and Cuadra attempted to have separate trials, claiming they may incriminate the other in the murder.
Two recorded conversations Cuadra and Kerekes had with two men in California can be used by prosecutors, Olszewski ruled.
Olszewski did prohibit prosecutors from using statements Kerekes allegedly made to state police Cpl. Leo Hannon Jr.
Kerekes was arrested by Virginia Beach authorities and allegedly made statements while Hannon read him the criminal complaint.
Update 1:29 PM: A Luzerne County judge has ruled prosecutors can not use certain statements homicide suspect Joseph Kerekes made to police regarding the investiation into the death of Brian Kocis.
Update 1:44 PM: PPO also rules that there will be one trial, denying requests by attorneys for homicide suspects Joseph Kerekes and Harlow Cuadra to have separate trials.
Update 2:12 PM: Two recorded conversations Cuadra and Kerekes had with Sean Lockhart and Grant Roy in California can be used by prosecutors, Olszewski ruled.
Update 2:55 PM: The Citizen's Voice is reporting that Harlow Cuadra and Joseph Kerekes will stand trial together for the January 2007 killing of Bryan Kocis in Dallas Township, and prosecutors will be allowed to present nearly all the evidence they planned to use against the defendants, including recorded conversations and e-mail messages, Judge Peter Paul Olszewski Jr. ruled today.
Prosecutors will be permitted to introduce recordings and transcripts of April 2007 conversations in which Cuadra and Kerekes shared details of the killing with two acquaintances in San Diego.
They will be able to introduce a series of e-mail messages Cuadra sent to Kocis under a pseudonym in the days before the killing and physical evidence seized from the defendants' home in Virginia Beach, Va.
But, they will not be allowed to use any of the statements Kerekes made to investigators hours after his arrest in Virginia Beach in May 2007.
Kerekes' attorneys argued those statements, which included references to the killing, were elicited after Kerekes asked for an attorney, as he provided Cpl. Leo Hannon of the Pennsylvania State Police with "biographical information" and listened to an informal reading of the affidavit filed against him.
"At no time did Cpl. Hannon permit the defendant to consult with counsel prior (to) questioning regarding the aforementioned information," Olsewski wrote in a 50-page answer to motions filed earlier this year by Kerekes' attorneys.
Olszewski filed a similar 40-page answer to motions filed by Cuadra's attorneys.
Update @ 4:28 PM: The Times Leader also reports that a Luzerne County judge ruled that there will be one trial, denying requests by attorneys for homicide suspects Joseph Kerekes and Harlow Cuadra to have separate trials.
The ruling by Court of Common Pleas Judge Peter Paul Olszewski Jr. is one of several pre-trial issues in anticipation for the scheduled January capital murder trial.
Kerekes, 34, and Cuadra, 27, both from Virginia Beach, Va., are charged in the killing of Bryan Kocis, 44, at Kocis' Dallas Township home in January 2007.
Investigators allege they killed Kocis, whom they considered their main rival in the gay movie production industry.
Attorneys for Kerekes and Cuadra attempted to have separate trials, claiming they may incriminate the other in the murder.
Two recorded conversations Cuadra and Kerekes had with two men in California can be used by prosecutors, Olszewski ruled.
Olszewski did prohibit prosecutors from using statements Kerekes allegedly made to state police Cpl. Leo Hannon Jr.
Kerekes was arrested by Virginia Beach authorities and allegedly made statements while Hannon read him the criminal complaint.
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.
Sunday, September 7, 2008
An Open Response to Blogger Albert
"What cause was Demetrius Fannick fired for? The answer is no cause. Just suspicion. Nothing derogatory was proven, only accusations were made and for PPO that was good enough. He himself fired the only attorney Harlow himself had hired."
While as sensational as this may sound, it's simply not correct. Demetrius Fannick was removed from defending Harlow Cuadra due to his previous involvement with Joseph Kerekes. Here's the entire saga to that story (whether you or I agree, or disagree... PA law does trump our opinion):
Demetrius Fannick
"Observe who appointed and who subsequently fired the other attorney's."
In almost all of the cases... it was Judge Ciavarella who appointed counsel, but I'm not sure as to who 'fired' any attorneys (other than perhaphs themselves), since they were all removed due to conflict of interest.
"Whatever reason the State had for firing them would have been adequate reason for not hiring them in the first place. Still that hiring was done by the Stae of Pennsylvania through judical functionary."
To be fair, on every occasion, it was revealed that the conflict existed after-the-fact, usually by the defense attorneys themselves:
Joseph Kerekes Gets New Attorneys
DA: Get Cuadra Outside Counsel
A Potential Conflict Short-Circuts Hearing
"Now PPO wants to claim it is out of his hands? I fully expect this will figure significantly in the appeal process. As I have said so many times, 'Anywhere but Luzerne County.'"
It may very well be out of PPO's hands... and I'm sure it'll be used in the appeal process (assuming Harlow and Joe are found guilty). I mentioned months ago how long it takes for a capital murder trial to go from arraignment to trial... guess they should be happy they're not in N.Y., where it can take as long as 26 months.
"My question as to when and why another Judge was appointed to take over the responsibility of providing adequate representation is absolutely critical to this case. An assumption on yours or anyone's part is pointless, however well informed or intentioned."
Perhaps because that's the laws of PA. I guess my assumption would be no better than yours.
"This was a clearly investigated case. It is a case for the State to lose only by choice. Choices similar to the ones made in the much earlier Kocis case years ago. The investigators did their jobs in spades. The judiciary and the State of Pennsylvania will lose this of their own decision making."
Sounds like an assumption to me. :)
"Who put this other Judge in charge of this small portion of a capital case and under what authority?"
Judge Mark A. Ciavarella Jr. is the president judge, and apparently he's the 'decider'.
Note: I completely respect Albert's concern... so let's all have a friendly debate on the issue(s).
While as sensational as this may sound, it's simply not correct. Demetrius Fannick was removed from defending Harlow Cuadra due to his previous involvement with Joseph Kerekes. Here's the entire saga to that story (whether you or I agree, or disagree... PA law does trump our opinion):
Demetrius Fannick
"Observe who appointed and who subsequently fired the other attorney's."
In almost all of the cases... it was Judge Ciavarella who appointed counsel, but I'm not sure as to who 'fired' any attorneys (other than perhaphs themselves), since they were all removed due to conflict of interest.
"Whatever reason the State had for firing them would have been adequate reason for not hiring them in the first place. Still that hiring was done by the Stae of Pennsylvania through judical functionary."
To be fair, on every occasion, it was revealed that the conflict existed after-the-fact, usually by the defense attorneys themselves:
Joseph Kerekes Gets New Attorneys
DA: Get Cuadra Outside Counsel
A Potential Conflict Short-Circuts Hearing
"Now PPO wants to claim it is out of his hands? I fully expect this will figure significantly in the appeal process. As I have said so many times, 'Anywhere but Luzerne County.'"
It may very well be out of PPO's hands... and I'm sure it'll be used in the appeal process (assuming Harlow and Joe are found guilty). I mentioned months ago how long it takes for a capital murder trial to go from arraignment to trial... guess they should be happy they're not in N.Y., where it can take as long as 26 months.
"My question as to when and why another Judge was appointed to take over the responsibility of providing adequate representation is absolutely critical to this case. An assumption on yours or anyone's part is pointless, however well informed or intentioned."
Perhaps because that's the laws of PA. I guess my assumption would be no better than yours.
"This was a clearly investigated case. It is a case for the State to lose only by choice. Choices similar to the ones made in the much earlier Kocis case years ago. The investigators did their jobs in spades. The judiciary and the State of Pennsylvania will lose this of their own decision making."
Sounds like an assumption to me. :)
"Who put this other Judge in charge of this small portion of a capital case and under what authority?"
Judge Mark A. Ciavarella Jr. is the president judge, and apparently he's the 'decider'.
Note: I completely respect Albert's concern... so let's all have a friendly debate on the issue(s).
Saturday, September 6, 2008
Kerekes’ Attorneys Argue Car was Searched Illegally
The Citizen's Voice is reporting that attorneys for accused killer Joseph Kerekes filed a brief in support of a previous motion to suppress evidence Virginia authorities seized after his 2007 arrest in Virginia.
The document, filed Friday in Luzerne County Court, argued Kerekes’ car was searched illegally, and that a knife seized by Virginia authorities had nothing to do with his alleged criminal activity in that state.
Kerekes, 34, was arrested on May 15, 2007, after a traffic stop in Virginia Beach, Va. Local authorities detained him as a fugitive from justice, knowing he was wanted in Pennsylvania.
Kerekes and Harlow Cuadra, 26, are accused of killing Bryan Kocis in January 2007, inside his Dallas Township home. Kocis, 46, was stabbed several times, and then the home was set ablaze in an attempt to conceal the crime.
According to court documents:
Virginia authorities seized several items from Kerekes’ car following his arrest in Virginia Beach. His home was searched the following day.
Among the items seized were the knife, a camcorder and tapes, laptop computers and a wireless air card.
Kerekes’ attorneys, Shelly Centini and John Pike, argued items taken from his car were seized illegally. The Virginia warrant issued for his alleged involvement in prostitution was not signed until the day after his arrest, they argued.
Centini and Pike further argued that the knife seized had nothing to do with the prostitution investigation.
Virginia authorities never charged Kerekes with any crimes relating to prostitution, Centini and Pike said. They turned all the evidence seized with Virginia warrants over to Pennsylvania authorities, who had a greater interest in his capture.
Because of that, Centini and Pike argued Pennsylvania law applied to the search of Kerekes’ car. Under Pennsylvania law, the only post-arrest evidence police can seize are weapons, or evidence that could be destroyed.
The document, filed Friday in Luzerne County Court, argued Kerekes’ car was searched illegally, and that a knife seized by Virginia authorities had nothing to do with his alleged criminal activity in that state.
Kerekes, 34, was arrested on May 15, 2007, after a traffic stop in Virginia Beach, Va. Local authorities detained him as a fugitive from justice, knowing he was wanted in Pennsylvania.
Kerekes and Harlow Cuadra, 26, are accused of killing Bryan Kocis in January 2007, inside his Dallas Township home. Kocis, 46, was stabbed several times, and then the home was set ablaze in an attempt to conceal the crime.
According to court documents:
Virginia authorities seized several items from Kerekes’ car following his arrest in Virginia Beach. His home was searched the following day.
Among the items seized were the knife, a camcorder and tapes, laptop computers and a wireless air card.
Kerekes’ attorneys, Shelly Centini and John Pike, argued items taken from his car were seized illegally. The Virginia warrant issued for his alleged involvement in prostitution was not signed until the day after his arrest, they argued.
Centini and Pike further argued that the knife seized had nothing to do with the prostitution investigation.
Virginia authorities never charged Kerekes with any crimes relating to prostitution, Centini and Pike said. They turned all the evidence seized with Virginia warrants over to Pennsylvania authorities, who had a greater interest in his capture.
Because of that, Centini and Pike argued Pennsylvania law applied to the search of Kerekes’ car. Under Pennsylvania law, the only post-arrest evidence police can seize are weapons, or evidence that could be destroyed.
Friday, September 5, 2008
We Interrupt This Program...
With Hanna heading my way, I've been busy (well, the other-half mostly) with the annual ritual of bringing in the potted plants, lawn furniture, cleaning the gutters, etc... the worst is expected to hit here in the morning hours of Saturday. I'm sure power will go out, but that shouldn't be a problem (generator's are your friend). At least Harlow and Joe are in PA now, so they won't have to worry about this.
I'll try to get back to answering questions, and posting more trial news (not that there's much) shortly.
I'll try to get back to answering questions, and posting more trial news (not that there's much) shortly.
Tuesday, September 2, 2008
Three Times a Charm?
It was originally thought that Judge Peter Paul Olszewski, Jr. was going to announce his decision on several pre-trial motions filed by Harlow Cuadra and Joseph Kerekes' attorneys... two weeks ago... that time has since passed with no rulings (apparently PPO's secretary was out for a few days, and he wanted to work on revisions, so he wanted to wait until the following week) ... then it was expected to happen last week... yet once again no rulings were issued.
Will we hear something this week... at this point who knows? We may just have to wait until the hearing scheduled for September 22, 2008, especially since Kerekes' attorneys asked for a two-week extension on filing a response on August 21st.
Will we hear something this week... at this point who knows? We may just have to wait until the hearing scheduled for September 22, 2008, especially since Kerekes' attorneys asked for a two-week extension on filing a response on August 21st.
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