Harlow Cuadra Loses his Appeal... Again.

From the Times Leader:

"Convicted murderer Harlow Cuadra believed he deserved a new trial because his defense lawyers were ineffective and failed to present evidence his partner was the actual killer.

The state Superior Court on Friday rejected Cuadra’s request for relief, upholding his life sentence for the brutal slaying of Bryan Kocis on Jan. 24, 2007.

A Luzerne County jury — after a three-week trial before former judge Peter Paul Olszewski Jr. in March 2009 — convicted Cuadra, 33, with killing Kocis, 44, inside Kocis’ Dallas Township home he set ablaze in an attempt to cover up the murder.

Prosecutors alleged Cuadra and his partner, Joseph Kerekes, 41, planned to kill Kocis, their rival in the pornography industry.

Kerekes pleaded guilty to second-degree murder and was sentenced to life in prison.

Cuadra sought relief for his conviction claiming his trial lawyers, Joseph D’Andrea and Paul Walker, were ineffective and failed to object to several questions by Olszewski. Cuadra also claimed his trial lawyers failed to introduce evidence that Kerekes was responsible for Kocis’ murder.

D’Andrea and Walker were appointed to defend Cuadra three months before the trial that ended with the jury conviction on March 12, 2009.

The appellate court ruled questions by Olszewski in the presence of the jury were neither bias or prejudicial toward Cuadra.

“The trial court’s questioning of Cuadra merely clarified Cuadra’s narrative of the events surrounding the homicide and the actions of Joseph Kerekes,” the Superior Court ruled.

Cuadra testified in his own defense that he was inside Kocis’ house modeling for a position with Kocis’ company, Cobra Video, when a jealous Kerekes rushed in and killed Kocis.

Olszewski asked Cuadra if he saw Kerekes holding a knife and if Kerekes carried anything inside Kocis’ residence.

Cuadra further argued his trial lawyers failed to show the jury he was under duress claiming Kerekes was dominant and abusive in their relationship.

Defense strategy taken by D’Andrea and Walker during the trial attempted to convince the jury Kerekes was the killer, not Cuadra. A duress defense would have suggested Kerekes forced Cuadra to kill Kocis, which wasn’t offered during the trial.

The Superior Court ruled the two separate defense strategies would have confused the jury.

Cuadra’s conviction has been upheld by the Superior Court on direct appeal on Oct. 14, 2010."

The entire court's opinion can be found here.

Still No News...

After 7 months since my last post, there is still no new news to report in regards to Harlow Cuadra's fight for a new trial. One reliable source tells me that they "haven't seen anything get filed. PCRA's can go on for years".

So it looks like the waiting game will just continue.

Filed Yesterday...

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

Harlow Cuadra's Hearing Today...

Another day... another hearing - with apparently more to follow.

 

According to my sources, what happened during today's hearing is that Harlow Cuadra's attorney, Demetrius Fannick, attempted to tear apart the original trial lawyers' strategy, questioning whether they had adequate preparation and why they didn't, for example, try to argue that Cuadra had been under duress.

 

The attorneys responded that they were well prepared, duress is only a defense for those admitting to having committed an act (which Harlow did not), and that Cuadra was "not forthcoming" about even being at the scene until the trial.

 

Supplemental filings are due from the defense by January 20th and the DA 10 days after that. No decision was made today, and the judge did not schedule a date for the next hearing.

 

I'll post news links if/when they become available.

Report from The Times Leader

.

Remember Joe?

 

While sources tell me that there hasn't been an official list of witnesses submitted by Demetrius Fannick or the DA's office, those familiar with the case have suggested that it shouldn't be a surprise if Harlow Cuadra's former partner in crime, Joseph Kerekes, makes a visit to Luzerne County soon. Whether this is for him to testify at Harlow's upcoming PCRA hearing, or to simply be interviewed, remains to be unknown at this time.

I'll update this post accordingly.

-PC

Now we wait until January...

As we all know, Harlow Cuadra's PCRA hearing has been delayed again due to the holidays. Here's Demetrius Fannick's motion for a delay (which the DA also agreed), and the judge's order granting the motion and setting a new date of January 3, 2014:.

 

 

 

Harlow's hearing will be Delayed Again...

Sources tell me that Harlow Cuadra's attorney, Demetrius Fannick, filed a motion in court today to have the hearing delayed until after Thanksgiving, due to having difficulties in contacting witnesses because of the holiday weekend. No new date has been set.

 

I should have a copy of the motion shortly and will post it when it's received. This thing has been delayed so many times, I've actually lost count.

 

-- PC

Harlow makes a Brief Appearance...

Convicted murder Harlow R. Cuadra did make a very brief appearance in court today. His appeal hearing has been continued to later this month, due to his attorney Demetrius Fannick requesting more time (again). I'll post the exact date when it's given to me.

 

You can also find a brief mention about it at WNEP News Channel 16, the Times Leader and Citizens Voice.

Update 11/13/2013: Sources tell me that the next hearing is scheduled for November 27, 2013 at 9 AM in court room 5. Fannick argued that Harlow should have received a mental health evaluation during his first trial, and the judge promptly rejected the motion.

The Story that Never Ends... or... Will It?

Convicted murder Harlow Raymond Cuadra has his PCRA hearing coming up on Tuesday, November 12, 2013.

Originally filed on May 3, 2012, Cuadra is seeking a new trial due to "duress", claiming that mistakes were made before and during the first jury trial in March 2009 that ended in a first-degree murder conviction for the brutal slaying of Bryan Kocis. ( Harlow's partner in crime, Joseph Kerekes, had already plead guilty and was sentenced to life in prison).

 

On May 20, 2013. Harlow Cuadra's attorney, Demetrius Fannick, stated that some new issues had surfaced during an interview with Harlow over the weekend, and that he needed more time to file a supplemental brief to his existing PCRA. The Honorable Judge, Fred A. Pierantoni, III, granted Fannick's request and told him that he must file any additional court papers by July 3. and that prosecutors must respond by Aug. 5. ( I will try to have these posted before the hearing on Tuesday).

 

It appears that Cuadra has already been transferred to the Luzernne County Correctional Facility and he will likely be at the courthouse for the hearing.

 

We'll keep you posted.

Update 11/12/2013: Sources tell me that Fannick had apparently requested more time from the judge about two weeks ago and the judge granted his request. So... I'll try to find out when the new hearing date is and will let everyone know.

 

 

Harlow Cuadra's PCRA Hearing...



Harlow Cuadra 05/20/2013
(Times-Leader photo used with permission)

Harlow Cuadra's PCRA hearing which was scheduled for today, has been continued (again) because his attorney, Demetrius Fannick, said some new issues came up during an interview with Harlow this past weekend, so he needs to file a supplemental brief to his existing PCRA. The hearing has been  moved to November 12, 2013 because of Judge Pierantoni's schedule. (Hugo Selenski's death penalty trial is supposed to start next month and will take awhile, plus other scheduled cases).

More information about Monday's hearing can be found at the Time-Leader. 

Cuadra Claims `Duress', Seeks Retrial...

That's the headline from the February 21, 2013 story at The Times Leader. According to reporter Ed Lewis:

 

"Luzerne County prosecutors want convicted murderer Harlow Cuadra to stay put.

Cuadra, 31, is seeking a new trial, claiming mistakes were made before and during the first jury trial in March 2009 that ended in a first-degree murder conviction. He was sentenced to life in prison with no chance of parole after the jury was unable to unanimously impose the death penalty.

 

State police at Wyoming and Dallas Township police had alleged Cuadra, of Virginia Beach, Va., killed Bryan Kocis, 44, inside Kocis' Midland Drive home in Dallas Township that was set ablaze on Jan. 24, 2007.

 

A co-conspirator in the case, Joseph Kerekes, 39, pleaded guilty to second-degree murder in December 2008 and was sentenced to life in prison with no parole.

 

Investigators said Cuadra and Kerekes, who were partners in an escort business and website pornographic production company, planned the killing of Kocis, whom they considered their main rival.

 

Issues Cuadra raised in his petition for post-conviction relief include:

 

* His lawyers, Paul Walker and Joseph D'Andrea, did not have sufficient time to prepare for his defense. Walker and D'Andrea were hired in December 2008, about 90 days before the trial began.

* Kerekes was the actual killer.

* Witnesses testified Kerekes was an abusive boyfriend and business partner and controlled Cuadra.

* Walker and D'Andrea did not raise a "duress" defense due to Kerekes' controlling power over Cuadra.

 

* Disqualification of attorney Demetrius Fannick from defending Cuadra after Fannick had met Kerekes in jail. Cuadra and Kerekes had separate defense strategies.

* Trial Judge Peter Paul Olszewski Jr. permitted prosecutors to play for the jury a video of Cuadra lifting weights.

 

Prosecutors claim they had a right to have Fannick disqualified from defending Cuadra because Cuadra and Kerekes wanted separate trials due to their antagonistic defenses.

 

Although Fannick was disqualified to defend Cuadra for the first trial, he is representing him in an attempt for a new trial.

 

Prosecutors also claim Cuadra never raised the "duress" issue when he testified in his own defense.

 

Cuadra is serving his sentence at the State Correctional Institution at Coal Township in Schuylkill County. He is scheduled to appear before Judge Fred Pierantoni III on March 15."

It's Those Things that Make You Go... Hmm...

While we await the next likely delay in Harlow Cuadra's attempt for a new trial... I thought I'd post a small portion of a prison letter that was sent by Joseph Kerekes back in 2012. If nothing else, it's entertaining reading and has never been seen before:

Don't forget that you can buy the only published book that covered the case at CobraKiller.com

There is Some News...

Convicted murder Harlow Raymond Cuadra files a PCRA petition today... more details to follow very shortly...

Through his once again Attorney Demetrius Fannick, Harlow Cuadra has filed a Defendant's Petition for Relief under the Post-Conviction Relief Act, filing seven pages of reasons why.

Guess we'll see what happens in November.

Cuadra, H. v. DOC

On November 28, 2011, convicted murderer Harlow R. Cuadra filed a 'Petition for Review" with the Commonwealth Court of Pennsylvania. It would appear that Harlow is representing himself during this request, and I'll try to update this story as soon as possible, to answer what it is that needs to be "reviewed" by the appellate court.

01/08/2012: Just a quick update on the appeal Harlow filed... appears to be nothing more than an appeal on a grievance that he had filed (Grievance DC-ADM-804). Not sure what the original grievance was, but they certainly do have plenty of time to complain about anything they want

Cuadra Loses Again...

The Pennsylvania Supreme Court has denied convicted murder Harlow Cuadra's appeal:

"AND NOW, this 3rd day of May, 2011, the Petition for Allowance of Appeal is DENIED."

Cuadra sought an appeal with the Pennsylvania Supreme Court, stating then-Judge Peter Paul Olszewski Jr., made mistakes in rulings before and during the two-week trial in March 2009.

I'll try to have more shortly. Meanwhile, more about Harlow's failed appeal(s) can be found HERE.

Update @ 05/04/2011: Nothing more to add... the Pennsylvania Supreme Court does not issue a written opinion when they refuse to hear a case.

Harlow Tries Again...

After having his appeal denied by the Superior Court of Pennsylvania on October 14th, convicted murderer Harlow Cuadra has now filed an appeal with the Supreme Court of Pennsylvania.

Something tells me that he'll get the same answer... No!

Court Rejects Harlow's Appeal

The Superior Court of Pennsylvania has upheld the conviction and life sentence handed to Harlow Cuadra for the murder of Bryan Kocis. No additional appeals have been filed as of today.

In a five page ruling issued on Oct. 14, the Superior Court upheld Cuadra’s conviction and sentencing, stating Olszewski’s rulings before and during Cuadra’s trial were “well detailed and well-reasoned.”

“We can find no error in its factual findings and corollary legal conclusions,” the appellate court ruled on each of the issues Cuadra challenged.

Times Leader Story

Harlow Cuadra's Appeal... Something's Going On...

Update @ 07/20/2010: I probably should have clarified this earlier... but... this isn't Harlow Cuadra's actual appeal that's being decided, but rather the court has received all they need, and they've appointed the three judges listed below to review the appeal and consider the merits.

-----
It would appear (and I could be wrong) that convicted murder Harlow Cuadra's appeal is now in the hands of a three-panel judge decision:

Case Processing Status: July 13, 2010 Awaiting Decision

Journal Number: J-S53014-10

Consideration Type: Submitted on Briefs-Panel

Listed/Submitted Date: July 12, 2010

Panel Composition:

The Honorable Jack A. Panella

The Honorable Jacqueline O. Shogan

The Honorable Anne E. Lazarus

When a ruling is made, I'll be sure to announce it.

Harlow Cuadra is currently serving a double-life sentence for the brutal murder of Bryan Kocis. His co-defendant Joseph Kerekes, pleaded guilty in December 2008 to second-degree murder and was sentenced to life in prison.

What Happened to Melnick?

On June 11, 2010... Frank P. Barletta filed an "entry of appearance" for the Luzerne County DA's office with the Superior Court of Pennsylvania, regarding convicted murder Harlow Cuadra's appeal.

While it's widely known that Barletta strictly does appeals for Luzerne County... it makes one wonder... what happened to the original prosecutor Michael Melnick, and why isn't he still handling this?

Update @ 06/27/2010: A source tells me that the reason Melnick is no longer listed as the DA, is because Frank Barletta handles higher court appeals for the Luzerne County District Attorney's Office. Jackie Musto Carroll does it that way so regular ADA's aren't jammed up with appeals and can concentrate on current caseloads, leaving Barletta to handle appeals.