Harlow Cuadra makes National Headlines Again...

From local newspapers like The Times Leader and Citizens Voice, to national affiliates like the San Diego Gay & Lesbian News and Associated Press... Harlow's attempt at getting an appeal really seems to be making the rounds. Ironically, I've been covering the story on this blog since 2009, and then there's the original that was created in 2007. It's Déjà vu.

In the PCRA Petition and subsequent filings, Harlow's attorney, Demetrius Fannick, brings up the following arguments:

1. Harlow's trial attorneys, Paul Walker and Joseph D'Andrea, did not have sufficient time to prepare for his defense.
2. Co-defendant Joseph Kerekes is the actual killer.
3. Witnesses testified Kerekes was an abusive boyfriend and business partner and controlled Harlow.
4. Walker and D'Andrea did not raise a duress defense due to Kerekes' controlling power over Cuadra.
5. Disqualification of attorney Demetrius Fannick from defending Cuadra after Fannick had met with Kerekes in jail. Cuadra and Kerekes had separate defense strategies.
6. Trial Judge Peter Paul Olszewski Jr. permitted prosecutors to play for the jury a video of Cuadra lifting weights.

Here's my two cents on the matter:

1. During this most recent hearing, D’Andrea stated: “Time did not play a factor in the preparation of this case." I would see no reason for him to lie. Though I would agree that a couple of months seems rather short to prepare for a Capital Murder Trial, it's also quite evident that the attorneys' didn't have much to work with.
2. According to the trial transcripts, neither side really pushed Kerekes when he came into court and double-crossed Cuadra. He said, "I don't want to talk and hurt my parents" and that was it. Other than Harlow making the claim that Joe's the killer, there really isn't any factual proof.
3. Not much effort was made to paint Cuadra as anything other than a prostitute - most of the character witnesses they had were people who really didn't know him.
4. I find Fannick's argument of duress odd. I agree with the notion that you really only argue that if you are going to admit the act - which Cuadra likely won't do. Not to mention the fact that it was stated by his own trial attorneys' that Cuadra was "not forthcoming" about even being at the scene until the trial.
5. The disqualification of Demetrius Fannick was justified. Fannick refused to take the stand, under oath, to testify that he didn't discuss the case with Kerekes - enough said.
6. According to my past and current interviews with several jurors, the "Big House Gym" video really didn't sway their decision. In reality, would it even matter? After all, it was the defense that showed the Black's Beach video showing Harlow throwing a football 'like a girl' - you can't have it both ways.

With the above, and the fact that Harlow took the stand and admitted to being at the scene of the crime, witnessing the murder, and even helping to loot and burn the house - I don't see a new trial being granted.

- PC