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

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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.