Lawyers and Judges are like crocodiles, they have not evolved in millions of years.

The biggest unknown factor in the prosecution of Harlow Cuadra and Joseph Kerekes is that they both had legal counsel PRIOR TO THEIR ARRESTS.

Surely an experienced criminal attorney should have forseen that:

1. Virginia Beach would, more likely than not, file a RICO Action against Cuadra and Kerekes or take some other action to make it difficult for Cuadra and Kerekes to be able to afford legal counsel, the Prosecution of John Gotti appears to be THE TEMPLATE for all criminal prosecutions these days;

in the prosecution of John Gotti, The US Attorney disqualified Gotti’s long time lawyer Bruce Cutler. Cutler had managed to obtain “non guilty verdicts” for Gotti in several previous prosecutions.

2. That Cuadra and Kerekes would be rendered to Luzerne County Pennsylvania for prosecution on murder charges;

3. That Cuadra and Kerekes would be assigned Public Defenders by Luzerne County.

Now, here is where it gets interesting.

If an attorney for Cuadra and Kerekes had investigated Luzerne County’s Public Defender’s Office, wouldn’t an experienced criminal attorney have discovered that Jonathan Blum and Al Flora, Jr, attorneys in the Luzerne County Public Defenders Office, were once Bryan Kocis’ lawyers? Surely the private attorney William Rizzo hired by Harlow Cuadra knew that Jonathan Blum and Al Flora Jr once repesented Bryan Kocis. William Rizzo is himself an attorney in Luzerne County’s public defender’s office.

Al Flora, Jr. was asked by a Luzerne County newspaper to respond to the ABA’s Death Penalty Assessment for Pennsylvania and the importance of proper legal counsel for defendants in death penalty cases CLICK HERE.

Commonwealth of Pennsylvania dos not require County Coroner or Medical Examiner to be Accredited

Just as an experienced criminal lawyer should have known that Luzerne County’s Public Defender’s office would have conflict free representation issues, an experienced criminal lawyer should have known that Luzerne County would have Expert Witness Problems with establishing a time of death for Bryan Kocis.

Not only did the ABA discuss the importance of conflict free representation in death penalty cases but, the Executive Summary of the ABA’s “Evaluatiing Fairness and Accuracy in State Death Penalty Systems: The Pennsylvania Death Penalty Assessment Report” highlights the fact that Luzerne County Corners/Medical Examiners are NOT Accredited through the National Association of Medical Examiners (NAME).. CLICK HERE

As with its crime laboratories, the Commonwealth of Pennsylvnia does not require county coroner or medical examiner offices to be accredited. To date, no Pennsylvania county coroner office or medical examiner office has obtained voluntary accreditation through the National Association of Medical Examiners (NAME). While Pennsylvania does not require such accreditation, it has established the Coroner’s Education Board to create minimum training standards and continuing education requirements for newly elected coroners and deputy coroners. In the few counties, such as Allegheny and Delaware Counties, which instead employ a medical examiner, qualifications for the position appear to vary, although all require that the medical examiner be a pathologist. ABA

Federal Judge Kaplan in New York may turn out to be Savior to Harlow Cuadra and Joseph Kerekes, at least when Cuadra and Kerekes appeal the convictions handed down against them in Luzerne County. At this point, Luzerne County would not even be proceeding with the prosecutions of Harlow Cuadra and Joseph Kerekes unless Luzerne County DOESN’T CARE that whatever convictions they obtain against Cuadra and Kerekes will most likely be reversed (and that Luzerne County will go down in law history right next to a photo of Bryan Kocis).

First, Judge Kaplan dismissed criminal charges against employees of the accounting firm KPMG on the grounds that Prosecutors had “gone to far” in making it difficult for the defendants to retain legal counsel. Federal Judge Kaplan ruled that a defendant in a criminal proceeding can be denied his legal right to counsel when The State goes to far in making it difficult for the defendant to be able to retain legal counsel OF HIS CHOOSING. There is no question that Virgina Beach freezing the assets of Harlow Cuadra and Joseph Kerekes made it next to impossible for Cuadra and Kerekes to “personally” afford the legal counsel of their choice.

Now comes another order from Judge Kaplan in the same KPMG Criminal Case in which the Federal Judge presents the argument that a criminal defendant has to specifically waive his right to conflict free representation in order for the Court to assign or allow an atttorney with a conflict of interest to represent that defendant. In other words, Judge Kaplan is presenting the argument that The Court cannot simply decide that an attorney’s conflict of interest is “not prejudicial” to the defendant, that even if the Court decides that an attorney’s “conflict of interest” is not prejudicial, the Defendant still has VETO POWER to refuse representation by that attorney if The Defendant believes the attorney has a conflict of interest.

Judge Kaplan delayed the trial of three former KPMGers and a one-time Sidley Austin lawyer today after disqualifying a defense lawyer in the case. In an order Thursday, Judge Kaplan DQed Steven Bauer, lead counsel for ex-KPMG senior tax manager John Larson, after several closed hearings on potential conflicts of interest. Opening statements were scheduled to begin Tuesday. (Click here and here for Law Blog Background on the much-diminished case.)

“Mr. Larson declined to waive his right to conflict-free representation,” the judge said. “The court therefore has no choice but to disqualify Mr. Bauer as trial counsel for Mr. Larson.” The judge didn’t rule on whether Bauer’s law firm, Latham & Watkins, also should be disqualified “unless and until Mr. Larson seeks to be represented at trial by someone else at that firm.” WSJ Law Blog

In the case of the Public Defenders for Harlow Cuadra and Joseph Kerekes, TWO attorneys in the Luzerne County Public Defenders’ Office (Jonathan Blum and Al Flora, Jr) previously were attorneys for Bryan Kocis. Based on newspapers reports out of Luzerne County, Al Flora, Jr is STILL the attorney for Bryan Kocis Relatives/Estate.

Inspite of the fact that TWO attorneys in the Public Defenders Office once represented Bryan Kocis, Luzerne County President Judge Mark Ciavarella ruled that one of those attorneys (Jonathan Blum) and Luzerne County’s Public Defenders Office could still represent Harlow Cuadra in a death penalty criminal case. Federal Judge Kaplan’s Order in the KPMG case suggests that INSPITE OF THE DECISION of Luzerne County’s President Judge, that Harlow Cuadra can VETO having one of Bryan Kocis’ former lawyers act as his criminal attorney in a death penalty case by Cuadra NOT WAVING his right to conflict-free representation.

Blum also contends another conflict arises from his and First Assistant Public Defender Al Flora’s past representation of Kocis. Flora was interviewed by police and provided information relative to Kocis’ murder, Blum said in his motion. Because Flora is a potential witness in the case, the public defender’s office should be removed, Blum argued. Citizens Voice

Seriously, at this point, how can anyone even recite the facts of the prosection of Harlow Cuadra and Joseph Kerekes with a straight face? Two of Bryan Kocis’ former lawyers work in the Luzerne County Public Defender’s Office and the Luzerne County Public Defender’s Office is representing Harlow Cuadra and Joseph Kerekes?

“A lawyer cannot attack his former client through cross-examination or argument to the jury” because of his or her “duty of continuing loyalty” to that former client, prosecutors said WSJ Law Blog

Not only was the above argument accepted by A FEDERAL JUDGE, the above argument was made by The United States Attorney’s Office.

The simple fact that Luzerne County continues to characterize Bryan Kocis as an executive pursuing a lawful business PROVES that Luzerne County should DISQUALIFY ITSELF from prosecuting anyone for the Murder of Bryan Kocis and that someone At The Federal Level in Pennsylvania needs to step into this Bryan Kocis Murder Scandal.

Seriously, I can’t fucking believe that The Federal Government would have been party to anything to do with Luzerne County and Bryan Kocis.

“We [ The FBI ] will accept either digital or physical records,” he said. “It’s almost easier for us if they give [the records] to us on a disk,” because then inspectors can review them at their offices and “get out of the company’s way.”

There are some disadvantages to providing digital records, though. Perhaps chief among them: if an inspector notices a discrepancy while reviewing physical records, the company has the opportunity to avoid a violation notice by rectifying the problem right then and there. Discrepancies found in digital records reviewed off-site receive no such benefit. FBI Provides More 2257 Inspection Info XBIZ.COM

I guess the above quote from an article currently at xbiz.com settles the question of whether or not the FBI will accept electronic 2257 Records on the ages of models, the records that adult entertainment companies are required by law to maintain.

Some FRIENDS OF CAMP CORRIGAN organized a petition to have Cobra Video‘s 2257 Records inspected by the FBI based on the “allegations” in the Arrest Affidavit for Harlow Cuadra . The arrest affidavit for Harlow Cuadra claims that Cuadra described stealing and destroying Cobra Video’s 2257 records.

The facts as we understand them are that the criminal charges that Harlow Cuadra and Joseph Kerekes stole and destroyed Cobra Video’s 2257 records are based SOLELY on statements The Luzerne County DA’s Office claim Harlow Cuadra made on the Black’s Beach Tapes. No One in the Luzerne County DA’s Office, as far as we know, is claiming that they searched for Cobra Video’s 2257 and that said Records don’t exist. In fact, The Luzerne County DA’s Office has to make a point of NOT searching for Cobra Video’s 2257 Records and NOT asking anyone about said Records.

Clearly, if the DA’s Office in Luzerne County searched for Cobra Video’s 2257 Records that were stored in Bryan Kocis’ house (allegedly) and located the records, the DA’s Office would have to then drop the burglary charges against Cuadra and Kerekes and/or inform the Defense for Cuadra and Kerekes that the records were found.

As long as the DA’s Office in Luzerne County doesn’t search for Cobra Video’s 2257 Records and no one proves to the DA’s Office that Cobra Videos 2257 Records were not destroyed, then the DA’s Office can continue to claim that Cuadra and Kerekes stole and destroyed Cobra Video’s 2257 Records based on the DA’s “interpretation” of what Harlow Cuadra said on the Black’s Beach Tapes. AND, as we all know, it is the burglary and arson charges that the DA’s Office is using to support its claim that the death penalty against Cuadra and Kerekes is justified.

Bottom line, as we see it, no one in the Luzerne County DA’s Office is clamiing that they have personal knowledge that Cobra Video’s 2257 Records don’t exist.

Since FRIENDS OF CAMP CORRIGAN petitioned the FBI to inspect Cobra Video’s 2257 Records AND Cobra Video is still in business, one must assume that the Cobra Video’s 2257 Records stored at Bryan Kocis’ House were not destroyed or that there were copies of the 2257 Records stored somewhere other than at Bryan Kocis’ house.

Any criminal action by any governement agency against Bryan Kocis or Cobra Video could harm the prosecution of Cuadra and Kerekes for the murder of Bryan Kocis. So, how likely are there to be any criminal actions against Bryan Kocis or Cobra Video PRIOR to trials for Cuadra and Kerekes?

Any of you guys got a spare bedroom or two Harlow and Joe could use ’til March?

Maybe the reason Harlow Cuadra had to move back to the Lackawanna Jail Facility was because there wasn’t any room to house Harlow at the Luzerne County Jail with Joseph Kerekes. I assume that prison overcrowding would directly or indirectly lead to all of the correctional facilities being over-crowed.

WILKES-BARRE – The Luzerne County Prison Board declared a state of emergency at the county prison Monday after learning several counties that had been accepting the overflow of inmates cannot take any more prisoners … The prison has been plagued by overcrowding for years, but officials were able to deal with it because of the cooperation of other counties, including Clinton, Tioga, Montour, Lackawanna and Columbia. Hyder said officials from those counties notified him about two weeks ago they cannot take any more prisoners because they had to ensure they had enough beds for their own inmates. Times Leader

This is an unofficial moratorium on carry out death sentences by lethal injection as a result of the Supreme Court’s recent decision to hear an appeal on whether or not “death by lethal injection” constitutes “cruel and unusual” punishment. However, a man was executed in Texas a few days ago because some Clown of a Judge decided that the motion to stay the man’s execution had not arrived in court before 5:00 pm. Obviously, anything in possible with the “kind of people” who somehow manage to become Judges in America.

I’ve seen and read about some fucking weird shit happening in the American Justice System in my short life. However, I’ve never seen or read about anything that was remotely as fucking weird as Luzerne County Justice. Even New York City Justice looks sane compared to Luzerne County Justice.

Al Flora, Bryan Kocis’ lawyer and the lawyer hired by Bryan Kocis’ relatives after Bryan Kocis was killed, was all this time the First Assistant Public Defender in the Luzerne County Public Defender’s Office? And, now the Luzerne County Public Defender’s Office is Harlow Cuadra’s lawyer.

Let’s hope, at some point fairly soon, some sane person somewhere in Pennsylvania calls a halt to this Fucking Freak Show in Luzerne County.

It is interesting to note that the Judge who just decided on the attorneys to represent Harlow Cuadra and Joseph Kerekes was NOT the Judge assigned as the trial Judge for Cuadra and Kerekes. While Judge Peter Paul Olszewski was allegedly assigned as the trial judge for Harlow Cuadra and Kerekes at the Preliminary Hearing, it was Luzerne County President Judge Mark A. Ciavarella who just decided on legal counsel for Cuadra and Kerekes.

Are there going to be two Judges on the Cuadra/Kerekes prosecution?

It seems to me that the President Judge should only have acted on motions in the Cuadra/Kerekes prosecution if the assigned trial judge was not available. Was Judge Paul Olszewski not available to rule on the motions for legal counsel for Cuadra and Kerekes?

If Judge Paul Olszewski is in fact the assigned trial judge for Cuadra and Kerkes, then the decision on counsel for Cuadra and Kerekes is subject to change at any time. Cuadra and Kerekes need only re-submit their motions for counsel from outside of Luzerne County and hope that the motion is decided by Olszewski instead of President Judge Ciavarella.

Background Luzerne County Court Gossip

According to gossip on blogs in Luzerne County, current President Judge Mark A. Ciavarella is the hand picked successor of Powerful Luzerne County Judge Michael Conahan. Judge Michael Conahan was the presiding judge for Bryan Kocis’ 2002 and 2006 child molestation case. Attorney, Al Flora was Bryan Kocis’ lawyer in 2002 and 2006.

If you check the archives of newspapers in Luzene County, it was attorney Al Flora who spoke to the press arguing that the “correction” to Bryan Kocis 2002 guilty plea in 2006 by Judge Michael Conahan was legal and proper.

It was also in January 20067 when there was a public “questioning” of why Bryan Kocis was not a registered Sex Offender that Bryan Kocis’ Family re-hired attorney Al Flora (a criminal lawyer). Again and Again, there is the question of why Bryan Kocis’ Estate needs a criminal lawyer?

Judge Michael Conahan announced that he would retire at the end of the year on the Sunday before Harlow Cuadra and Joseph Kerekes were arrested.

Update. Times Leader is reporting that Joseph Kerekes has been appointed counsel not associated with the Public Defender’s office. Harlow Cuadra has public defenders. HERE’s A KICKER, Al Flora, Jr, Bryan Kocis’ lawyer in 2002 and the lawyer retained by Kocis’ relatives AFTER Kocis was found dead, is Luzerne County’s first assistant public defender. Harlow Cuadra is essentially being represented by Bryan Kocis’ old lawyer’s law firm. AS IF THIS FREAK SHOW COULD GET ANY MORE FREAK SHOW. Times Leader

The American Bar Association in Pennsylvania released a study on the application of the death penalty in The State of Pennsyvlania. The Times Leader went to Bryan Kocis’ Lawyer Al Flora for comment on the report. As I understand it, Al Flora was retained by Bryan Kocis’ relatives AFTER Kocis’ death, Flora is currently the Criminal Lawyer for Bryan Kocis relatives.

Of course, this raises the question of why Bryan Kocis’ Estate needs a criminal lawyer?

The report, drafted by a team of prosecutors, defense attorneys and judges, concluded the state’s application of the death penalty is highly inconsistent, resulting in some defendants being sentenced to death who, if they had been convicted in another jurisdiction, likely would have been sentenced to life in prison. Times Leader

The American Bar Association Report should strengthen the coming motions to dismiss from Harlow Cuadra and Joseph Kerekes on the argument that they were denied their right to legal counsel by Virginia Beach’s aborted RICO action.

Some of the key problems cited include inadequate access to experts and investigators for the defense, a lack of standards to ensure attorneys appointed are qualified to handle the complex nature of capital cases, the existence of racial disparities in sentencing and confusing jury instructions. Times Leader