Harlow Cuadra and Joseph Kerekes Will Seek Dismissal of All Charges

September 30, 2007 in Freak Show Trial by Freak-Show-Trial

The Politics of Prosecution. Again boys, nobody gives a shit when Bryan Kocis was killed nor who killed Bryan Kocis. In fact, based on the reported “condition” of Bryan Kocis’ corpse, it is impossible for anybody to prove when Bryan Kocis was murdered. At this point in The Bryan Kocis Murder Scandal, Prosecutors in Luzerne County are only interested in winning a conviction against someone for the murder of Bryan Kocis. And, I hate to say this but, in my opinion, the two people who can most likely be convicted of murdering Bryan Kocis are not Harlow Cuadra and Joseph Kerekes.

The General Rule of Law is that you must assert a claim or affirmative defense as soon as possible at the risk of losing the right to assert such defense latter on. In other words, Harlow Cuadra and Joseph Kerekes must assert the claim that Virginia Beach denied them their constitutional right to legal counsel as soon as it is legally possible to do so (at the risk of losing the right to assert the claim). As a result, it appears to be all but guaranteed that Harlow Cuadra and Joseph Kerekes will move to have all pending charges against them dismissed on the claim that they were denied their legal right to counsel by Virginia Beach seizing all of their assets (via Virginia Beach’s RICO charges). Harlow Cuadra and Joseph Kerekes will cite the actions of Judge Kaplan in New York in the Federal Case of US vs KPMG (or employees of KMPG).

In a federal criminal prosecution of employees of the accounting firm KPMG, Federal Judge Kaplan dismissed all criminal charges against the employees of KPMG because Judge Kaplan ruled that Federal Prosecutors “went too far” in denying the KPMG employees funds to be able to retain legal counsel. Federal Prosecutors had threatened KPMG with criminal prosecution if KPMG paid for the legal defense of its employees. It is important to note that Judge Kaplan specifically referenced the cost of mounting a legal defense in criminal case. As I recall, the cost Judge Kaplan cited was about $150,000, a figure routinely cited by Harlow Cuadra’s Legal Defense Fund.

EVEN IF the use of Judge Kaplan’s KMPG decision is a weak argument in Harlow Cudra’s case, Defense Attorneys must Move For Dismissal at the risk that they will be unable to claim that Cuadra and Kerekes were denied their right to legal counsel at a later date. It is also very possible that if The Court denies a motion to dismiss from Cuadra and Kerekes that Cuadra and Kerekes could delay their trial by filing appeal of the decision refusing to dismiss all charges. In other words, a Motion to Dismiss from Cudra Kerekes is not only guranteed but it is a win-win even if the motion is denied.

The Politics of Prosecution

So, The Bitchless Blog predicts that on Thursday October 4th, Luzerne County prosecutors will announce that they will seek the death penalty against Cuadra and Kerekes so that they can screen for a Death Qualified Jury (a jury that is more likely to vote for a conviction). The Counter move from Harlow Cuadra and Joseph Kerekes will be a Motion to Dismiss all Charges pending against them on the grounds that they were denied their right to legal counsel by the combined actions of Luzerne County Prosecutors and Virginia Beach Prosecutors.

Again, in our opinion, The Two People who can most likely be convicted of the Murder of Bryan Kocis are not Harlow Cuadra and Joseph Kerekes. In general, the people who can most likely be convicted of a crime are usually the people prosecuted for the crime.