Showing posts with label Life in Prison. Show all posts
Showing posts with label Life in Prison. Show all posts

Tuesday, April 26, 2016

Convicted Murder Joseph Kerekes Reaches Out

After the recent premiere of "King Cobra" - a salacious movie directed by Justin Kelley, based on our true crime book "Cobra Killer". I unexpectedly heard from one of the convicted murderer's, Joseph Kerekes, who's character was played by the world-renowned actor, James Franco,

Joe wanted to know if I would be willing to post a few new pictures of him and Harlow Cuadra, that had never been seen before by the general public...

I said ' sure, why not? '... so here they are, as odd as it may seem:

Joseph Kerekes &; Harlow Cuadra


Joseph Kerekes in Prison


Harlow Cuadra in Prison

Thursday, November 13, 2014

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.

Monday, February 25, 2013

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."

Tuesday, February 5, 2013

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

Wednesday, January 30, 2013

The Delays Continue...

Convicted murder Harlow Cuadra's PCRA hearing has been delayed yet again... I first reported about this back in May 2012 when it was supposed to occur on November 7, 2012, it was postponed to January 31, 2013, and now it's been moved to March 15, 2013.
 
I'll update this again in March (or sooner) to let you know what became of the hearing, or more likely... what the 'next' date is going to be.

- PC

Thursday, May 3, 2012

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.

Saturday, September 24, 2011

A Time that Family Moved-On?

I recently checked out the MySpace profiles of convicted murder Harlow Cuadra's mother Gladis Zaldivar, older brother Jose Cuadra, and younger brother David, the latter of whom is now using the same last name as his mother. Jose looks like he's trying to be a ladies man - while David makes veiled threats about people 'fucking' with his family, meanwhile... Gladis barely makes a peep. Surprisingly - none of them appear to be on facebook... at least not publicly.

Is the era of "Free the Wrongly Accused" finally over?

Friday, August 5, 2011

Harlow turns 30 Today...

Convicted murder Harlow Cuadra had a birthday today... he's now 30. Bloated and hardly a twink... Harlow Cuadra is destined to spend the rest of his life in prison (x2) for the brutal murder of Bryan Kocis, it's doubtful that he'll ever see another birthday in freedom.

What a shame really... it's amazing how money can ruin so many lives forever... just ask Joseph Kerekes... or Bryan's Family.

Tuesday, May 3, 2011

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.

Sunday, July 18, 2010

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.

Sunday, May 16, 2010

Harlow Cuadra's Fans?

Even though Harlow Caudra has been convicted of the brutal murder of Bryan Kocis, and is currently serving two life terms in a Pennsylvania prision... he still seems to have fans. Can these folks get any more delisuional?

First we have dear old Nep... who decided to send Harlow a Valentine's message via Facebook... not sure how Harlow would be able to receive it... but I guess it's the thought that counts.

Next we have Natasha from England, who diligently recite's Harlow's letters written to her... shared on YouTube:

http://www.youtube.com/watch?v=VFFMaQbFF3Q

Not once... but twice:

http://www.youtube.com/watch?v=3BsalbNvoGU

... and if that wasn't bizzare enough, she's also started a blog:

http://fuckyeahfreeharlowcuadra.tumblr.com/

'Young teenage British girl & old Filipino man that works at Wendy's, both HEART former Gay porn actor turned murderer' -- this is an ODD world indeed!

Update @ 05/17/10 - 7:00 PM: It gets even more bizzare with 'Natasha's' latest rambling's posted 9 hours ago...

http://www.youtube.com/user/BitchinDiva#p/a/u/0/TwPzGK4bXV8

Natasha is a trip - she obviously is smitten with Harlow and with the idea that if you want to contact him, you have to contact her. Wrong... but I guess she can have her fantasy. Girls her age should be trying to get guys her age (or girls) to kiss her at a school dance, not writing to convicted porn killer murderers in American prisons. Weird. Weird. Weird.

My thanks to book co-author Andrew Stoner for helping with this story.

Sunday, January 31, 2010

The Deadline's Coming...

Assuming Demetrius Fannick is the 'great attorney' he claims to be... we should see these filed tomorrow, or on Tuesday for Harlow's appeal.

Personally... I wouldn't even hold my breath... nor should Harlow Cuadra; thinking that there's even a remote chance for an appeal is just plain stupid. Just like the crime(s) that Harlow Cuadra and Joseph Kerekes are currently convicted of committing.

Update 02/07/2010: So far nothing has been filed... no surprise really. I'll update this story when something finally is.

Update 02/08/2010: Demetrius Fannick files an application for extension of time to file the brief and reproduced record.

Update 02/12/2010: On the same day Fannick files for an extension, the court grants the order. Fannick now has until March 4, 2010 to file the brief and reproduced record.

Monday, January 4, 2010

Who's the new Judge?

With Judge Peter Paul Olszewski, Jr. no longer on the bench... who will handle Harlow's murder appeal?

To be honest... I have no idea who will be handling Harlow Cuadra's appeal... but... I do know that Judge Thomas Burke (Luzerne County's new President Judge) will be reassigning all of PPO's cases... so when something happens, I'll let you all know.

Meanwhile... that 'huge announcement' I mentioned earlier... look for that to be made soon... perhaps as early as this week. (These things take time).

Tuesday, December 29, 2009

Harlow Cuadra's Appeal... The Next Step.

The Superior Court of Pennsylvania received the Trial Court's Record and Opinion on 12/24/2009.

The next scheduled events are as follows:

1. Appellant Brief Filed, due date: February 2, 2010

2. Appellant Reproduced Record Filed, due date: February 2, 2010

Looks like the ball's in Fannick's court now.

Sunday, December 27, 2009

Happy Birthday Joe!

Joseph Kerekes

Joseph Kerekes... 'aka'... Mark, Trent, etc... now sentenced to life in prison for the brutal murder of Bryan Kocis... will be celebrating his 36th birthday on December 30, 2009.

Meanwhile... Joe spent years stating he was only 24 (2002-2007)... it's amazing how age creeps up on you, isn't it? :)

Monday, December 21, 2009

... And Now We Wait...

There was some activity last week in regards to Harlow's appeal... here's what happened:

1. 12/17/2009 Certificate and Transmittal of Record to Appellate Court (601 MDA 2009) Court of Common Pleas - Luzerne County

2. 12/17/2009 Notice of Transmittal of Record to Superior Court sent to DA's office and defense counsel. Copy of list of record documents transmitted to Superior Court (601 MDA 2009) mailed to DA's office and to defense counsel Demetrius Fannick, Esquire.Court of Common Pleas - Luzerne County

In accordance with Harlow Cuadra's appeal, it's required that the higher court receive any court documents related to the case, so that they can make an "educated" decision on whether to allow the appeal or not.

The second filing is just giving all attorneys involved, notice that the entire case file was sent to the Superior Court.

Monday, September 14, 2009

Recession Hit's Prison?

Joseph Kerekes' last payment of $34.08 on 08/18/2009 brought his total payment to $97.46 ... another payment was just made on 09/11/2009... the amount this time?

A whopping 0.27 cents.

That brings Joe's total payment(s) to $97.73. Perhaps work is scarce in prison too.

So far... no new payments from Harlow Cuadra.

Tuesday, September 1, 2009

More Orders...

There was an order filed today regarding Joseph Kerekes' attorney John Pike asking that Krayer Detective Services be paid $242.80 for work where they interviewed Joe's father Fred Kerekes, and also for a conference with attorney Mark Bufalino.

I'll have more information in the morning, and will update this post accordingly.

Update @ 09/02/2009: Two invoices were submitted and approved by PPO:

1. Interview Fred Kerekes, attend Court Hearing on 02/20/2008: $140.00, plus $17.20 for mileage.
2. Conference with Atty. Mark Buffalino on 02/19/2008 - 2 hrs. @ $40.00 per hr.: $80.00, plus $5.60 for mileage.

Both invoices are dated 02/27/2008.

Saturday, August 29, 2009

Payments Made... at a Snail's Pace.

Not only where Harlow Cuadra and Joseph Kerekes in debt before they were convicted... but after Joe's guilty plea and Harlow being found guilty... both racked up some additional 'monies owed'. Thus far they're both making payments... albeit in increments that will likely take years (perhaps a life time or two) to pay.

According to court documents filed... Joseph Kerekes' last payment of $34.08 on 08/18/2009 now brings his total payment(s) to $97.46. Harlow Cuadra hasn't been as generous... with the exception of what was paid for pre-filing fees ($50.00)... Harlow's only given $24.25 since his incarceration.

Since Harlow and Joe still owe thousands to the court and family of Bryan Kocis... it certainly looks like it'll take a while before either receives a 'paid in full'... or will it?

Monday, August 24, 2009

Harlow's Supplemental Concise Statement

DEFENDANT'S SUPPLEMENTAL CONCISE STATEMENT
PURSUANT TO Pa.R.A.P. 1925(B)

AND NOW, comes the Defendant, by and through his counsel, Demetrius W. Fannick, Esquire and makes the following statement of issues raised on appeal under Pa.R.C.P. 1925(b).

1. The Defendant is Harlow Raymond Cuadra.

2. On May 15, 2007, the Defendant and his co-defendant Joseph Kerekes were arrested and charged with Criminal Homicide, 18 Pa.C.S.A. § 2501, Criminal Conspiracy to Commit Criminal Homicide, 18 Pa.C.S.A. § 2501, Arson, 18 Pa.C.S.A. § 3301 and other offenses.

3. A preliminary hearing was held on August 23, 2007, and most of the charges, including the criminal homicide charges were bound over for trial in the Court of Common Pleas.

4. Defendant was originally represented by the Public Defenders Office

5. The Public Defender’s Office filed a Motion for Appointment of Conflict Counsel for the Defendant, which was denied by Judge Mark A. Ciavarella.

6. On November 21, 2007, the Commonwealth filed a Motion to Disqualify the Public Defenders Office from representing the Defendant.

7. On December 3, 2007, the Public Defenders Office filed Pre-Trial Motions on behalf of the Defendant

8. On January 28, 2008, undersigned counsel filed his entry of appearance on behalf of Harlow Cuadra.

9. On February 12, 2008, the Commonwealth filed a Motion to Disqualify undersigned counsel from representing Defendant in this case.

10. A hearing on the Commonwealth’s Motion was held on March 14, 2008.

11. On March 19, 2008, the Honorable Judge Olszewski granted the Commonwealth’s Motion to Disqualify undersigned counsel from representing the Defendant.

12. Defendant filed a Notice of Appeal with the Superior Court and a Motion to Permit Interlocutory Appeal of the disqualification of his counsel of choice.

13. Defendant’s Motion to Permit Interlocutory Appeal was denied by Judge Olszewski on April 30, 2008.

14. Additional Pre-Trial Motions were filed by the Public Defender’s Office by Attorney Thomas Cometa on May 16, 2008.

15. On July 15, 2008, the Superior Court granted the Commonwealth’s Motion to Quash the Defendant’s appeal of the grant of the Commonwealth’s Motion to Disqualify undersigned counsel as an Interlocutory Order.

16. That Trial commenced on February 24, 2004 and Defendant was represented at trial by Paul Walker. Esquire and Joseph D’Andrea, Esquire.

17. That on March 12, 2009, the Defendant was convicted of all charges.

18. That on March 16,2009, following a penalty hearing, the Defendant was sentenced to life in prison.

19. That the Suppression Court erred in denying the Defendant’s Suppression Motions and allowing the following testimony to be admitted into evidence:

a. The electronically recorded conversation at Black’s Beach when the interception of said conversation violated Pennsylvania law regarding interception of conversations. 18 Pa.C.S.A. § 5721.1

b. The electronically recorded conversation at Crab Catchers Restaurant when the interception of said conversation violated Pennsylvania law regarding interception of conversations. 18 Pa.C.S.A. § 5721.1

c. The evidence seized from 1028 Stratem Court, Virginia Beach on February 10, 2007.

d. The evidence seized from Defendant’s e-mail accounts.

20. That the Trial Court committed the following errors at trial:

a. With regard to Commonwealth Exhibit 211, the transcript of the Black Beach intercept, in refusing to either grant a cautionary instruction that the transcript was a guide and that there was a question as to the actual words used on the tape, or in failing to sustain Defendant’s objection to the transcript as misleading and incorrect.

b. In admitting Commonwealth Exhibit 163, a video of the Defendant working out over objection of defense counsel.

c. In allowing a Commonwealth witness to present the hearsay evidence that a luminal test conducted by another person had revealed the existence of blood on the carpet of the rental car, when there was not a proper foundation that the witness commonly relied on such tests in arriving at his/her opinions and when the witness merely acted as a conduit for the hearsay evidence of another expert .

d. In allowing the Commonwealth to present a surprise visual aid of Commonwealth witness Trooper Brian Murphy, when said visual aid amounted to an expert report that had never been provided to the Defendant.

21. That the Commonwealth committed prosecutorial misconduct in the following ways:

a. Publishing autopsy photographs to the jury a second time in contravention to the Trial Court’s pre-trial order that the photographs only be published once.

b. In constantly asking leading questions of the Commonwealth witnesses despite admonishments by the Court not to ask leading questions.

c. In asking the Defendant if his co-defendant, Kerekes had admitted that he was Mr. Cuadra’s accomplice when the Commonwealth knew that there was never any such admission by Mr. Kerekes.

d. In improperly seeking to disqualify Demetrius Fannick, Esquire, as a tactical move to remove him because he was particularly effective in that he had recently obtained an acquittal in a death penalty case, thus depriving the Defendant of the counsel of his choosing.

e. In testifying falsely at suppression hearing that the Arrest Warrant was issued by Magistrate Tupper at 9:30 am. when the warrant was signed at 1:00 p.m., resulting in the illegal arrest of the Defendant and seizure of items from Defendant Kerekes vehicle.

22. The Suppression Court’s Ruling denying the defense Motion to Suppress the evidence seized from the defendant’s automobile at the time of their arrest was incorrect as it was premised upon a finding of fact that the Arrest Warrant for the defendant was signed by Magisterial District Justice Tupper at 9:30 a.m. (prior to the arrest of the defendant) when that specific fact was later contradicted by the trial testimony of Commonwealth witness, Detective Daniel Yursha.

23. That the Trial Court erred violating the Defendant’s rights under the Pennsylvania and United States Constitutions in granting the Commonwealth’s Motion to Disqualify undersigned counsel in representation of Defendant Cuadra in that:

a. The defendant has a right under the Sixth Amendment to the U.S. Constitution and the Pennsylvania Constitution. Article 1, Section 9 to counsel of his choice;

b. The Commonwealth did not meet its burden of establishing by clear and convincing evidence that confidential information was given by Defendant Kerekes to Attorney Fannick;

c. Commonwealth did not meet its burden of establishing by clear and convincing evidence that there was any real, as opposed to speculative conflict of interest which would affect either Mr. Cuadra or Mr. Kerekes’ rights to effective representation of counsel;

d. That there ultimately turned out to be no conflicts in that Defendant Kerekes did not testify at Mr. Cuadra’s trial, but refused to answer questions, thus establishing that the Commonwealth’s arguments of conflict were, in fact, speculative;

e. That any arguments as to a conflict regarding who was the actual killer and who was the accomplice did not represent any real conflict of interest in that in the guilt phase an accomplice or conspirator is equally as liable as the actual killer and the Supreme Court has stated that separate counsel should be utilized for the penalty phase.

f. That the Trial Court failed to give due weight to undersigned counsel’s representations in his signed answer to the Commonwealth’s Motion to Disqualify, wherein undersigned counsel, an officer of the Court, represented that he had not discussed anything other than fees with Mr. Kerekes and had obtained no confidential information because Mr. Kerekes was already represented at by other counsel and fails to take into account that although not verified, pursuant to Pa.R.Crim.P. 575(A)(3)(a) that “The signature of an attorney shall constitute a certification that the attorney has read the answer, that to the best of the attorney’s knowledge. information, and belief there is good ground to support the answer, and that it is not interposed for delay".

g. The Commonwealth did not establish by clear and convincing evidence that Mr. Kerekes had any detrimental reliance upon Attorney Fannick’s alleged representation of him or that there was any real, as opposed to speculative, possible detriment to Mr. Kerekes.

h. That the Commonwealth did not establish by clear and convincing evidence that an attorney/client relationship pursuant to Pennsylvania Rules of Professional Conduct 1.9 and 1.7 existed between Mr. Kerekes and Attorney Fannick or that Mr. Fannick had been retained by Mr. Kerekes.

i. That the rules with regard to Rule 1.18 of the Rules of Professional Conduct expressly provide that until an attorney has been retained the attorney should limit conversations to avoid disqualifying information, and a disqualification assumes that Attorney Fannick did not follow Rule 1.18.

j. That the Court did not give any reason why the waiver colloquys of conflict by Kerekes and Cuadra, were not sufficient or invalid and did not overcome any alleged conflict.

k. That the Commonwealth did not rebut the presumption in Wheat V. U.S. 486 U.S. 153, 108 S.Ct. 1692 (1988) in favor of defendant’s counsel of choice that by a showing of an actual conflict or a showing of a serious potential for conflict.

l. In allowing the hearsay testimony regarding statements made by Co-Defendant Kerekes in violation the Pennsylvania Rules of Evidence.8O1 through 805.

m. In granting the Commonwealth’s Motion to Disqualify Attorney Fannick in violation of the Defendant’s right to counsel under the U.S. and Pennsylvania Constitutions.

24. The evidence was insufficient to convict the Defendant of First Degree Murder, Conspiracy to commit murder, arson and robbery.

25. The Defendant incorporates the arguments made by his prior defense attorneys which were made in their Briefs in Support of their Motions to Suppress and in Opposition to Commonwealth’s Motion to Disqualify undersigned counsel.


Respctfully submitted,

Demetrius W. Fannick, Esquire
Attorney for Defendant
297 Pierce Street
Kingston. PA 18704
(570) 283-3191
Supreme Court ID 32356