Wednesday, August 5, 2009

Yelen is Out... Fannick is In?

Demetrius Fannick

Though this story is still developing... a very reliable source tells me that Attorney Demetrius Fannick will once again represent Harlow Cuadra... this time for his appeal.


Update @ 3:32 PM: It's official... Attorney Demetrius Fannick filed his entry of appearance earlier today, he also filed a motion for extension of time to file concise statements complained of on appeal.

Update @ 4:47 PM: Harlow's new attorney, Demetrius Fannick cites the following reason for requesting an extension:

"undersigned counsel was not the trial counsel in this case and has recently obtained a copy of the trial transcript. Time is needed to review the transcript and the file in this matter (which is voluminous) in order to file any additional and appropriate Concise Statement of Errors Complained of on Appeal.

WHEREFORE, the defendant requests an extension of time within which to file its 1925(b) Supplemental/additional Statement.
"

6 comments:

  1. Having trouble keeping track of the lawyers without a score card :)

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  2. If so, somebody must have donated some money for the appeal. I doubt that Fannick would do it for free.

    Has Yelen even done anything yet? The concise statement was filed by his trial attorneys.

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  3. "pizzaman said...
    If so, somebody must have donated some money for the appeal. I doubt that Fannick would do it for free.
    "

    I can assure you he's not working for free. :)

    A source tells me that this was in the works for a while, and that a decision had previously been made to allow Fannick to represent Cuadra in matters of appeal.

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  4. This money situation is very strange. Cuadra used public defenders until he suddenly got some money for two trial attorneys. That money (we suppose) came from the Roecker interview, but maybe some of it came from another unknown source.

    Only two months ago he and his trial attorneys claimed he was poverty-stricken, and now he suddenly has money for Fannick.

    And, of course, we don't know what happened to the $70,000 that Halford testified he gave Cuadra.

    We may never know from where the money comes, or where it goes, but my curiosity is certainly peaked. We're not talking about chump change.

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  5. The original concise statement was pretty... uh, lame... and if I remember correctly, it didn't challenge the admission of the California tapes. Maybe Fannick will do a better job.

    After two months of nothing, we're finally getting a little movement. It's getting interesting again.

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  6. So I guess all of the previous conflict-of-interest issues with Fannick disappear in his role as appellate council? I know he'll just be arguing technical points of law in the appeal, but some of those will surely involve Kerekes, who after all is still an antagonist to Harlow when it comes to the facts of the case.

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