Harlow's Appeal Goes Forward... For Now.

On May 18, 2009... The Superior Court of Pennsylvania filed an order directing compliance with Pa.R.A.P. 3517, in regards to Harlow Cuadra's appeal:

"Docketing Statement Due 05/28/09. Failure to file docketing statement by that date will lead to an order dismissing the appeal."

Apparently the Docketing Statement was received by May 29th... and it appears that there will be no dismissal of the appeal (yet).

The next scheduled event by the Superior Court of Pennsylvania is to receive the Original Record, and that's due by June 8, 2009.
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Just in case you're wondering what an "Original Record" is, a source familiar with the case tells me: The original record is simply the notice that was filed so the Superior Court could issue a number and request when they would like certain documents due. Generally, the local court does not send all of their papers until the record is complete, i.e. all opinions are filed which could be quite a long time depending on the judge.

Harlow Gets New Counsel...

Conflict counsel attorney Jeffrey Yelen was appointed to Harlow Cuadra today by PPO.

Basically, the order reads:

AND NOW, this 27th day of May, 2009, following a hearing conducted on May 22, 2009. It is hereby ORDERED AND DECREED that the Petition to Withdraw as Counsel filed by Joseph D'Andrea, Esq. and Paul J. Walker, Esq., is hereby GRANTED and Jeffrey A. Yelen, Esquire is hereby appointed as Conflict Counsel.

It is further ORDERED AND DECREED that Joseph D'Andrea, Esq. and Paul J. Walker, Esq., shall provide Conflict Counsel with their file in the within matter no later than Wednesday, May 27, 2009.

BY THE COURT:
OLSZEWSKI, JR.

Will They Stay... or Will They Go?

A hearing is underway this morning to determine if Harlow Cuadra's trial attorneys' Paul J. Walker and Joe D'Andrea can withdraw as counsel. They originally filed the motion on May 8, 2009, and cited that "Since the defendant has been continously incarcerated since the time of his arrest, it is presumed that he is without funds to retain counsel to pursue his appeal."

Cuadra is expected to appear via video from SCI Camp Hill.

A court watcher is attending the hearing, and I'll update this story as soon as information becomes available.

Update @ 9:22 AM: The hearing has been continued to 2:30 PM today.

Update @ 3:27 PM: According to the Times Leader, Judge Peter Paul Olszewski let Harlow Cuadra’s attorneys withdraw from his case today and new attorneys will be appointed by the end of the day.

Update @ 3:25 PM: The Citizens' Voice is also reporting that Cuadra appeared by video from a state correctional facility during the hearing. He told Olszewski he cannot afford hiring another private attorney to handle his appeals.

"I don't have the means any more, your honor," Cudara said.

In granting the order, Olszewski told Cuadra he would appoint conflict counsel for him, to which Cuadra did not object.

Update @ 7:36 PM: A court watcher tells me that Harlow looked fatter, and like his best friend had died (Very solemn) . Not the same boy-Harlow with the tie and glasses we remember during the trial (yet he still has the glasses).

Apparently the Clock's Ticking...

The Superior Court of Pennsylvania filed an order today directing compliance with Pa.R.A.P. 3517, in regards to Harlow Cuadra's appeal:

Docketing Statement Due 05/28/09. Failure to file docketing statement by that date will lead to an order dimissing the appeal.

As usual, Harlow's attorney(s) will probably wait until the last possible second. Being that they have that hearing to withdraw on Friday, I'm sure that will decide the outcome.

Weird Coincidence?

It would appear that convicted murderers' Harlow Cuadra and Joseph Kerekes weren't/aren't the only one's dealing with debt issues. Apparently someone by the name of Grant A. Roy from San Diego, California (sound familiar?) has been, and is still currently being sued in Civil Court by several credit card companies too:

IC878915
ROY, GRANT A
CITIBANK SOUTH DAKOTA N A
San Diego
Civil
01/24/2007

37-2009-00087879-CL-R3-CTL
ROY, GRANT A
CAPITAL ONE BANK (USA), N A
San Diego
Civil
04/17/2009

37-2009-00085063-CL-R3-CTL
ROY, GRANT A
CAPITAL ONE BANK [USA] N A
San Diego
Civil
03/13/2009

37-2007-00084858-CL-CL-CTL
ROY, GRANT A
DISCOVER BANK ISSUER OF THE DISCOVER CARD
San Diego
Civil
12/31/2007

Oddly enough, the first suit filed was on the same day Bryan Kocis was murdered... now how weird is that... and what are the chances that there's more than one Grant A. Roy living in the San Diego area?

Strange coincidence, or something deeper? Who knows... but it is kind of odd if you ask me.

Almost Two Years Ago... the Bordello Ends.

VIRGINIA BEACH - A Virginia Beach male escort and his partner were arrested Tuesday in connection with the slaying of a gay porn film producer who was stabbed to death earlier this year in Pennsylvania.

Harlow Raymond Cuadra, 25, and Joseph Manuel Kerekes, 33, both of 1028 Stratem Court, were arrested by Beach police about 10 a.m. on Virginia Beach Boulevard as they drove in their black BMW, according to Barry Taylor, a Beach attorney who represents Cuadra.

The two men, who operate Norfolk Gay Escorts and Norfolk Companions Inc., as well as at least two Web sites, have been suspects in the case since Beach police executed a search warrant at their home in February.

On Tuesday, they were taken to Virginia Beach police headquarters while investigators with the Pennsylvania State Police considered a host of charges against them relating to the slaying of Bryan C. Kocis of Dallas, Pa., on Jan. 24.

The local headlines on May 15, 2007 read: Two Beach men charged with murder of Pa. porn producer.

Meanwhile... who can forget this account that Harlow gave during John Roecker's interview:

"Harlow: Ah Joe goes up to me, and he goes like, Harlow, you know I'm hungry, and I'm like so, umm big freakin deal, and he's like, I don't wanna go eat alone, and I'm in the middle of listening to this [inaudible], and I press pause on it, and uh, so I'm like alright, I just put on a shirt or something and we go down stairs and you know, when we, when we were on the highway, we noticed that there were like six cop cars behind us, but no lights, no sirens, or anything, ya know, I didn't think anything of it... and umm, once we got off on the exit, more and more of them were behind us and behind us, and I was like hey Joe, I think their doing some type of exercise, because ah, right across from my house there's a police academy... so I'm like, oh, ah, that's cool, there doing some type of exercise. So we pull in, and, ah, the ladies that work at the Boston Market, you know, like, their used to me, and they're like waiving from ah, outside the window, and I'm like waiving back, and then all of a sudden I noticed that they stopped waiving, so I looked behind me, and you know, all the cops are out of their cars".

... needless to say Harlow's story is mostly fiction... so is there any surprise that almost two years later... both are now serving life in prison without parole?

No surprise here.

Here We Go Again...

With the risk of sounding like a broken record... Harlow Cuadra apparently needs new attorneys yet again. In a court filing last Friday, Harlow's trial attorneys Paul Walker and Joseph D’Andrea state:

"Since the defendant has been continously incarcerated since the time of his arrest, it is presumed that he is without funds to retain counsel to pursue his appeal."

"The petitioners respectfully request that this honorable court permit them to withdraw counsel, and to appoint counsel to represent the defendant on appeal."

Even though we've heard this 'indigent' excuse from Harlow before... the law states:

According to "Pa. Code Rule 120: Under paragraph (B)(2), counsel must file a motion to withdraw in all cases, and counsel’s obligation to represent the defendant, whether as retained or appointed counsel, remains until leave to withdraw is granted by the court. See, e.g., Commonwealth v. Librizzi, 810 A.2d 692 (Pa. Super. Ct. 2002). The court must make a determination of the status of a case before permitting counsel to withdraw. Although there are many factors considered by the court in determining whether there is good cause to permit the withdrawal of counsel, when granting leave, the court should determine whether new counsel will be stepping in or the defendant is proceeding without counsel, and that the change in attorneys will not delay the proceedings or prejudice the defendant, particularly concerning time limits. In addition, case law suggests other factors the court should consider, such as whether (1) the defendant has failed to meet his or her financial obligations to pay for the attorney’s services and (2) there is a written contractual agreement between counsel and the defendant terminating representation at a specified stage in the proceedings such as sentencing. See, e.g., Commonwealth v. Roman. Appeal of Zaiser, 549 A.2d 1320 (Pa. Super. Ct. 1988)."

So if PPO does allow Walker and D'Andrea to leave, he would have to appoint new lawyers for Harlow's appellate process, but weren't Harlow's original Public Defender’s conflicted out (Guess they can't use them)? Furthermore... the PD’s office usually only has one attorney that handles appeals... that would be Mr. Al Flora... and he would be conflicted out as well… at least I think he should be. Sources tell me that if Walker and D'Andrea are out, then PPO would likely have to appoint conflict counsel to represent Harlow.

Another source tells me that if they (Walker and D'Andrea) aren't allowed to withdraw, it's suspected that they'll file a more in-depth/new concise statement than what they previously filed. If they are allowed to withdraw, the extension would give new attorneys time to get familiar with, and then file their own concise statement. However... the way PPO acted during the last hearing where Cuadra asked for new attorneys, I doubt he'll let them go. Although, with this case, anything is possible.

I guess we'll just have to wait until May 22nd to find out... but I will say from a personal opinion... there's never a dull moment with Harlow's trial... which makes me wonder if this latest 'stunt' wasn't already planned... if nothing else, there certainly seems to be a pattern.

Some Interesting Developments...

Seems there's been some activity on the Harlow Cuadra front, here's a brief update, with more details to follow later:

05/07/2009 Comm's Motion for Enlargement of Time to Response to Def's Concise Statement filed

05/08/2009 Motion to Withdraw as Counsel & Rule filed. Hearing on 5-22-09

The first one is pretty easy to understand, I'm awaiting some additional information on the second motion, as it sounds like one, or both of Harlow's attorneys want to withdraw as counsel.

Update @ 12:24 PM: Sources tell me briefly that the motion to withdraw as counsel was only signed by Paul Walker, apparently something about him not being paid... I'll try to have more clarification and details shortly.

Update @ 3:01 PM: Here's part of the motion to withdraw as counsel, I skipped some of it because it's all a rehash of things that have already occured:

11. On April 7, 2009, the petitioners filed a timley notice of appeal to the superior court of Pennsylvania in order to preserve the defendant's appellate rights.

12. The petitioners were not retained to pursue the defendant's appeal.

13. On April 9, 2009, this honorable court issues an order compeling the petitioners to file a concise statement of matters to be raised on appeal.

14. Since the defendant has been continously incarcerated since the time of his arrest, it is presumed that he is without funds to retain counsel to pursue his appeal.

15. The petitioners respectfully request that this honorable court permit them to withdraw counsel, and to appoint counsel to represent the defendant on appeal.

16. Further, the petitioners respectfully request that this honorable court grant additional time pending the outcome of this petition, to file a concise statement of matters complained of an appeal.

Wherefore, the petitioners respectfully request that this honorable court permit them to withdraw as counsel; appoint new counsel to represent the defendant on appeal; and to grant additional time within which to file a concise statement of matters complained of an appeal.

Respectfully submitted,
Paul J. Walker, Esq. (actually signed signature)
Joe D'Andrea (no signature)
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A hearing has been set for May 22 at 9 a.m. before PPO. Cuadra will appear via video from SCI Camp Hill.

Update @ 05/09/2009: There's also an article about this story in today's Times Leader and Citizens' Voice.

Gladis Begs Again...

With convicted murder Harlow Cuadra facing over two life terms in prison, Harlow's mother Glaidis Zaldivar once again tries to collect money for Harlow via MySpace... this time for his appeal:

"DONATIONS TO GET HARLOW AN APPEALS ATTORNEY!!! We are accepting any donation through P.O. BOX 14416 GREENVILLE, SC 29610 please send it to Gladis Zaldivar mother of Harlow Cuadra, send personal checks or money orders to my P.O. Box. Unfortunately there were problems in the past with my sons donations, also going into the wrong hands, basically money was lost, that's why I ask if you would like to donate money for my sons appeals attorney to please send it to my P.O. Box so that it WILL get to the attorney accepted for my sons appeals wars coming up.... Harlow has grown up to be a handsome, respectful, kind and loving man, the envy of many people, but with love and support and your help we can free him, and return his wings that were unfairly taken from him. *Please help us put the RIGHT pieces to this puzzle in its CORRECT place* GOD BLESS ALL OF YOU!"

According to a source, it should be noted that these "problems in the past" where due to the person handling the donations eventually felt that Harlow was guilty, and decided to send the donations back (...so I'm told).

Perhaps it's nothing more than what man about town said in a previous post... "Harlow now has his family doing the con job. Send them a check now, so they could renovate their trailer." ... or perhaps she's once again claiming to be dealing with another set of 'greedy lawyers'.

Who knows... and does anyone even care?