Does The Camera Lie?

Two video cameras were found missing from Bryan Kocis' house after his murder, meanwhile the same two brands and models of cameras were also found in Harlow Cuadra and Joseph Kerekes' house. Here's a copy of the affidavit regarding the matter, with my personal observations and thoughts following.

Since the camera topic seems to surface from time to time, I thought it would only be fitting to discuss it:

"On 02/10/07, the Virginia Beach Police Department, in conjunction with investigators from the Commonwealth of Pennsylvania, executed a search warrant at the residence of Cuadra and Kerekes, that being 1028 Stratem Court, Virginia Beach, Virginia, in pursuit of the furtherance of this investigation. As a result of said search, numerous items of evidence were seized, inclusive of items previously illustrated herein. Additionally, two Sony digital video cameras, model numbers DCR-VX2000 and HDR-FX1, respectfully, were seized it was observed that both cameras had serial numbers forcibly removed and obliterated. Based upon the observance of said items, investigators with the Pennsylvania State Police contacted the victim's associate Robert Wagner, who had in the past assisted the victim with video production. Wagner stated that he had, within the six months prior to the victim's death, observed said cameras within the victim's residence. It should be noted that both cameras were conspicuously absent during the intensive search of the victim's residence. Additionally, investigators contacted J&R electronics store, located in New York, NY., which is a location the victim regularly purchased electronic items. According to a sales manager at that location, the victim did purchase a Sony HDR-FX1 camera on 12/23/05.

Investigators conducting intelligence research relative to this investigation located a message board area titled; "The Digital Video Information Network", with an associated web address of; www.dvinfo.net. Said website is designed for individuals to read and post questions/solutions to various types of digital video inquiries. Anyone may read posts at said site however in order to post a message a user must have an account already created.

On 01/29/07, user Harlow Cuadra posted an inquiry related to the use of video camera HVR-ZI/HDR-FX1. Said camera is the same model which was found to be removed from the victim's residence at or around the time of his death. It is also the same model camera which was seized from the accused's' residence pursuant to a search warrant on 02/10/07. Said camera had all serial numbers forcibly obliterated from same.

Investigators contacted the Administrative contact for DV Info Net and requested subscriber information related to those postings. The subscriber DV Info has registered is Harlow Cuadra of Norfolk, Va., with an email account of harlowcuadra@excite.com with the signature of "boys do what they can...men do what they want". Eleven posting IP addresses were also provided, one being 70.174.54.38 which is the static IP address assigned by Cox Communications Inc., to Cuadra of 1028 Stratem Ct., Virginia Beach, Va."

My own thoughts:

Harlow states in his DVI message: "i just got it but do not understand the manual to well :(" ... this would sound like Cuadra just got the camera. Bryan was murdered 5 days earlier... bad timing to make a purchase?

Harlow also stated that he had the manual, so they must have bought it right? Not necessarily... the manuals for both cameras can easily be downloaded in .pdf format online here and here.

"it was observed that both cameras had serial numbers forcibly removed and obliterated" ... assuming Harlow and Joe did in fact purchase theses cameras, where would one buy cameras that have had their serial number removed? Even a pawn shop won't sell items like that. Ebay perhaps? Or maybe they removed them after they bought them... but why?

During the search warrant, receipts were also seized - assuming Harlow and Joe had receipts for the purchase of these two cameras, then there's certainly a reasonable doubt to these being Bryan's. If Harlow and Joe didn't have receipts of purchase (which would be very odd since both cameras would be considered a tax deduction as business equipment), then I guess it'll be up to a jury to decide.

Docket Updates for Joseph Kerekes

There are several updates to Joseph Kerekes' docket today... and they're listed as follows:

1. 11/29/2007 Motion for Enlargement of Time & order filed.Hearing on 12-21-07 Olszewski, Peter Paul Jr.


2. 11/29/2007 Motion to Compel Comm's response to Def's Request/Bill of Particulars & Rule filed. Hearing 12-21-07 Olszewski, Peter Paul Jr.


3. 11/29/2007 Brief In Support of Def's Motion to Compel Comm's Response to Bill of Particulars filed. Nocito, Frank William

So far... nothing new for Harlow Cuadra.

Did Joe Know What He Was Doing?

With most of the currently known evidence pointing more towards Harlow Cuadra:

• An IP address associated with the dmbottompa@yahoo.com email address is 70.174.54.38, the results of a supoena indicate the account and subscriber information as Harlow R. Cuadra of 1028 Stratem Ct, Virginia Beach, VA and matching the IP logs for the account.


• The myspace activity for these IP addresses are associated with Cuadra's Sprint PCS mobile air card and match the IP logs associated with the dmbottompa yahoo email account. The next logon for Cuadra's myspace account occured on January 25, 2007 7:50:32 AM PST with associated IP address 70.174.54.38 which is associated with Caudra's residence at 1028 Stratem Ct, Virginia Beach Va.


• An investigator with the Pennsylvania State Police reviewed financial and credit card activity related to Caudra pursuant to this investigation. A check of Cuadra's Discover credit card acitivity showed a charge of $39.95 from the company USA People Search. The company indicated that on January 20th, 2007 a background check report was purchased for information related to the victim, Bryan C. Kocis.


• On 01/29/07, user Harlow Cuadra posted an inquiry related to the use of video camera HVR-ZI/HDR-FXI. Said camera is the same model which was found to be removed from the victim's residence at or around the time of his death. It is also the same model camera which was seized from the accuseds' residence pursuant to search warrant on 02/10/07. Said camera had all serial numbers forcibly obliterated from same.


• While working with the Virginia Beach Police Department, investigators with the Pennsylvania State Police learned that on the morning of 01/25/07, Officer Brent Riddick, Virginia Beach Police, obtained the registration number for a silver/grey Nissan Xterra sport utility vehicle with dark trim and three brake lights. Said registration came back to "Enterprise Leasing Company", Virginia Beach Blvd., Virginia Beach, Va.. Further investigation revealed that said vehicle was rented by accused Cuadra on 01/23/07 at approx 0940hrs. The vehicle was rented in the name of Harlow R. Cuadra, to which Cuadra's driver's license was afforded subsequent to the rental agreement. Cuadra's Virginia driver number was also recorded upon the rental agreement, as was Cuadra's signature. Rental vehicle was paid for by Discover Card issued to Harlow R. Cuadra, Norfolk Male Escorts, Inc.


• Further investigation by the Pennsylvania State Police in conjunction with the Virginia Beach Police Department revealed that on 01/23/07 at approx 0944 hrs., accused Cuadra along with accused Kerekes entered the "Superior Pawn and Gun Shop", Virginia Beach Blvd., Virginia Beach, Va, and purchased a "Sigarms" model #FX1SG, lock blade folding knife with 30% serrated edge. Cuadra additionally purchased a Smith and Wesson .38 caliber revolver and ammunition, utilizing a Visa credit card issued to Harlow Cuadra. Cuadra was observed exiting said location carrying a bag containing the knife as well as ammunition for the firearm.


• Then we have the 4 emails sent to Grant Roy, several signed by Joe, but all forwarded via "myspace.com/harlowcuadra"


• Harlow Cuadra seems to do most of the talking during the Black's Beach tapes, while Kerekes appears to be more in 'third person'.


• Joe states in his infamous jailhouse interview with the Times Leader that Harlow Cuadra had in fact gone to Bryan Kocis' house and saw a dead body, but that he (Joe) stayed back at the motel doing emails.

... and with the exception of Joe using his I.D. to check-in at the Fox Ridge Inn, and being present at the gun shop... you'd almost have to wonder if Joe had any involvement at all. Now I'm certainly not saying that's the case, but it sure is interesting to see how much Harlow is mentioned in the affidavit and evidence, yet how little there is in regards to Joe.

Makes you wonder if Joe knew what he was doing to ensure that if they got caught... it would be Harlow that took the fall.

Kerekes May Hire Fannick as Legal Counsel

The Citizens Voice is reporting that Attorney Demetrius Fannick has been contacted by accused killer Joseph Kerekes about representing him during his upcoming trial.

Fannick is the last attorney in Luzerne County whose client beat a criminal homicide charge and the possibility of lethal injection. Fannick convinced a Luzerne County jury in March 2006 there was enough reasonable doubt to clear Hugo Selenski of the murders of two men.

The Kerekes case reminds him of the Selenski case, Fannick said Tuesday. There is one major difference — Fannick will not represent Kerekes for free as he did with Selenski. Fannick would not say how much money Kerekes would need to retain his services.

“I certainly would like to get involved in Mr. Kerekes’ case,” Fannick said. “I believe it’s very defendable. But I can’t do anything until I’m retained.”

Fannick briefly discussed the case with Kerekes during a recent visit at the Luzerne County Correctional Facility, but did not delve into details of the case because Kerekes is represented by county court-appointed conflict counsel Mark Bufalino, Shelley Centini and John Pike. Should Kerekes raise enough money to hire private counsel, Fannick could get the job.

“There are certainly limitations on my conversation with him,” Fannick said. “I don’t want to overstep my bounds. I don’t want to in any way interfere with Mr. Kerekes’ representation unless I am retained.”

Fannick believes Kerekes’ family is attempting to raise money for his defense, but is unsure where their effort stands. Kerekes’ parents, Fred and Rosalie, sold a property in the Virginia Beach area for $229,000 in July. A phone number for Fred and Rosalie Kerekes has been disconnected and they could not be reached for comment Tuesday.

There also are active Web sites soliciting funds for Kerekes and Cuadra. Cuadra is currently represented by the Luzerne County public defenders’ office, but District Attorney David Lupas’ office is asking a judge to remove the public defender’s office as Cuadra’s attorneys because of a conflict of interest.

Fannick said representatives of Lupas’ office contacted him to inquire about whether he would be representing Kerekes. No one from Lupas’ office could be reached for comment Tuesday afternoon.

Huge Development for Joseph Kerekes?

Accused murder suspect Joseph Kerekes has apparently been in talks with probably one of the best criminal defense lawyers available in Luzerne County about taking his case... and someone on Joe's side is actually willing to pay for it.

Please Note: This is still a developing story... additional updates will be posted tomorrow.

...meanwhile... where does this leave co-defendent Harlow Cuadra in his apparent legal time of limbo?

Recordings Don't Lie... But Sometimes People Do

Since the taped beach recordings of a 2 day conversation involving Harlow Cuadra, Joseph Kerekes, Grant Roy, and Sean Lockhart will be used as evidence in trial, I decided to review once again what was mentioned in the affidavit. It's pretty damning to say the least, and I'm including the entire text for those that haven't had access to the criminal affidavit:

On 04/27/07, an electronic intercept and surveillance was conducted by a task force consisting of members of the San Diego Police Department Homicide Unit, the Drug Enforcement Administration, Naval Criminal Investigation Service, San Diego County District Attorney's Office, Pennsylvania State Police, and the Luzerne County District Attorney's Office. The location of said intercept was within the area of La Jolla, San Diego, California. The subject of said intercept was conversations between Grant Roy, Sean Lockhart, Harlow Cuadra, and Joseph Kerekes concerning the homicide of victim Kocis. During said conversations, it was observed that Roy and Lockhart made statements regarding how their lives have been damaged by the murder of the victim, specifically regarding the business setbacks they have suffered. As a response, both Cuadra and Kerekes made apologetic statements for their hardship. The foursome additionally spoke of doing business, specifically the creation of pornographic film showing Cuadra and Lockhart. At one point in the conversation, Roy asked Cuadra/Kerekes if the victim "felt any pain". Both Cuadra and Kerekes became silent, at which time Cuadra leaned towards Lockhart, who was walking next to him and stated silently; "don't worry, he went quick". Cuadra and Kerekes then addressed Roy and Lockhart stating that if the foursome went to the nude beach the next day, Cuadra and Kerekes would answer any questions asked of them.

On 04/28/07, another electronic intercept and surveillance was conducted by task force members from aforementioned agencies with the exception of the San Diego County District Attorney's Office. The location of said intercept was within the area of Torry Pines Gliderport and beach area, aka Black's Beach, San Diego, Ca. The subject of said intercept was conversations between Grant Roy, Sean Lockhart, Harlow Cuadra, and Joseph Kerekes. During said conversations, Cuadra stated that he was present when the victim was murdered. Cuadra spoke of conversations the victim had with various individuals while Cuadra was present. Both Cuadra and Kerekes referenced the victim's records which were kept within his residence as being "gone". Both Cuadra and Kerekes stated that they viewed approx fifty five "master tapes" which were removed from the victim's residence, as well as business records. Cuadra and Kerekes subsequently destroyed said items, as they would be considered "proof". Cuadra then stated that illustrated items remained in his residence for approx two days. Cuadra added that he was going to afford a tape to Roy and Lockhart as a gift, but it was "too hot". Cuadra also referenced the victim's Rolex watch, and described the initials engraved on the back. Both Cuadra and Kerekes also referenced two computer towers and a laptop computer which were removed from the victim's residence, all of which was destroyed. Cuadra also illustrated how he and another "did some recon work", and described that the victim's front door didn't have a "peephole" in it, and further described it as "two square blocks of windows on top and Bryan's not tall enough to see through that". Cuadra continued; "it was quick; he never saw it coming". Cuadra also stated that while he was at the victim's residence, he heard the victim calling Lockhart a "little bitch" and the "product". Cuadra stated to Lockhart; "don't feel too bad". Kerekes added that the victim had a contract prepared for Cuadra at the time of Cuadra's arrival. Both Cuadra and Kerekes intimated that the victim was aware of Cuadra's real identity, and continued with the meeting nevertheless. Cuadra also stated that during his initial meeting with the victim, they were drinking wine, to which Kerekes stated that he believed that Cuadra "slipped (the victim) something" in his drink. At some point, the doorbell rang and the victim "was kind of stumbling, and uh, that was it". Cuadra and Kerekes both illustrated the interior of the victim's residence, specifically the victim's high-end, expensive home entertainment center. Cuadra and Kerekes also stated that the victim desired for Cuadra to "move in", and illustrated an upstairs bedroom as was found to be at the victim's residence. Cuadra then stated that he believed that the victim recogized him from the Internet, to which Cuadra became concerned. At that point, the victim picked up the phone and Cuadra's "dude" "came around", and "it was crazy". Cuadra then referenced insulting comments made by the victim towards Lockhart and Roy, the stated "... and it's what kind of made the whole decision kind of easy. Almost a little too easy... and I should of thought where all those fingers would have pointed, I remember lookin at the press... I'm just glad that shit's over". Cuadra later went on to say that "the cops put it (investigation) on the back burner". Cuadra additionally made the statement; "... actually seeing the fucker going down actually it's sick but it made me feel better inside. It almost felt like I got revenge and I know that sounds fucked up..." Cuadra and Kerekes then again illustrated a modeling contract which the victim had prepared for Cuadra to sign. Kerekes then interjected; "Harlow had all the little documents he (victim) told him to bring and he didn't even ask for them". Cuadra responded; "Oh no he didn't ask for my ID". Cuadra and Kerekes then stated that the victim expected that he and Cuadra were going to "have sex all night" without the victim paying Cuadra any money for same. It should be noted that conversation about other topics not related to the victim's death occured regularly intermixed with discussions concerning the planning, execution, and subsequent destruction of evidence related to the investigation.

D.A.: Get Cuadra Outside Counsel

The Times Leader reports: Prosecutors say public defenders should not be representing homicide suspect Harlow Cuadra.

The Luzerne County prosecutors say a conflict of interest exists with public defenders representing Cuadra because two public defenders previously represented the victim in the case, and now those two public defenders might be called to testify at Cuadra’s homicide trial.

The prosecutors want a judge to postpone all matters in the homicide case until attorneys from outside the public defender’s office are appointed to represent him.

Public defenders had been representing Cuadra and Kerekes. But Kerekes was later appointed public attorneys from outside the public defender’s office.

That came after a public defender, attorney Jonathan Blum, made the request. Blum said a conflict existed with public defenders representing both men because the men, at trial, could accuse the other as the principal killer.

Also, Blum and attorney Al Flora Jr., the county’s first assistant public defender, had represented Kocis in the past and might be witnesses at the homicide trial.

But Court of Common Pleas Judge Mark Ciavarella only appointed outside counsel to Kerekes.

The latest request to have attorneys from outside the public defender’s office represent Cuadra came this week by assistant district attorneys Mike Melnick, Tim Doherty, Shannon Crake and William Dunn.

They, too, said outside attorneys should be appointed to Cuadra because Blum and Flora represented Kocis in the past and are now potential witnesses in the homicide case.

Flora was interviewed by police in the homicide investigation and gave them information that was “relevant and material,” the prosecutors said.

Prosecutors say they want to ensure Cuadra “receives a fair and impartial trial.”

Ciavarella previously appointed attorneys John Pike, Mark Bufalino and Shelley Centini to defend Kerekes.

They are attorneys on the county payroll and not associated with the public defender’s office, and are provided to indigent defendants who have a conflict of interest with the public defenders.

Crossing Your T's and Dotting Your I's

With previous motions being filed by the prosecution and defense requesting that Harlow Caudra and Joseph Kerekes be assigned conflict attorneys and not public defenders (Joe already won his motion)... some folks may be wondering what the heck is going on. In my hopes of making this a little more clear, I'll try to explain:

Attorneys Al Flora and Jonathan Blum previously represented Bryan Kocis, and might be called to testify at the Cuadra/Kerekes trial. The main concern here is that Flora and Blum had involvement in a previous Kocis case, and since Flora's the the second-in-command at the PD's office... there's no telling what influence his inside information may have on those under him. (Blum has since been removed from the case).

We also need to keep in mind that if there is a conviction for either defendant, it can certainly be overturned on appeal if an appellate court believes that Harlow Cuadra and/or Joseph Kerekes was not defended properly or legally. So it's understandable why both sides would want to address this issue now. There was also a situation very similar to this one that came up in a past death penalty case. It ended up being appealed before trial, and caused a long delay before the trial could even start.

The argument here isn't about the specific public defenders assigned to the case, but the fact that they are involved at all... especially since their boss (Flora) could potentially be called as a witness.

This is one of those rare events that both the prosecution and defense agree on the same outcome desired... so it'll be interesting to see what happens. I'm guessing this motion will likely go to Judge Olszewski to decide.