Weakley pleaded guilty Friday to a federal count of racketeering conspiracy. The charge included the slayings of Kerkowski and Fassett; the robbery of the couple and of a Monroe County man; and multiple other criminal acts including burglary, arson, weapons offenses and drug trafficking.

As part of the plea agreement, the Luzerne County district attorney’s office has agreed to drop state homicide charges against Weakley. He faces life in prison without parole, although prosecutors may recommend a reduced sentence. Prosecutors had previously announced their intention to seek the death penalty. Philly.com

Very interesting.

Luzerne County’s pursuit of Paul Weakley and Hugo Selenski resulted in the case law in Luzerne County Court of Common Pleas holding that Weakley and Selenski were entitled to separate trial. Essentially, the state court of appeals ruled that where one accused incriminates another accused to prosecutors, the parties are entitled to separate trials.

Luzerne County claims that Harlow Cuadra incriminates Joseph Kerekes on The Blacks Beach Tapes.

Ironclad Case Against Weakley and Selenski

Can you get more proof against two murder suspects than finding dead bodies buried in one of the guy’s yard? YET,

Inspite of the overwhelming evidence against Weakley and Selenski, Luzerne County DA Lupas failed to even bring Weakley and Selenski to trial during Lupas’ tenue. Lupas pursued his “theory” that he could try Weakley and Selenski together if he used Weakley’s testimony against Selenski without telling the jury that the testimony came from Weakley. The state ppeals court rejected Lupas’ argument and ruled that Weakley and Selenski were entitled to separate trials. The appeals court found that even if Lupas changed the name of the “witness” against Selenski, a jury would still be able to figure out that the testimony came from Weakley.

It could even be argued that New DA Jacki Musto-Carroll recognized that the Weakley/Selenski prosecution was so fucked-up by Lupas that she had no choice but to drop state homocide charges against Weakley in order to have even a chance of winning a conviction against Selenski.

Harlow Cuadra and Joseph Kerkes

The Weakley/Selenski Case virtually guarantees that the appeals judges who heard the Weakley/Selenski appeal will rule that Harlow Cuadra and Jospeh Kerekes are likewise entitled to separate trials IF Luzerne County wishes to waste even more money claiming that it can hold one trial for Cuadra and Kerekes together.

However, I seriously doubt that Jackie Musto-Carroll will attempt to use former DA Lupas’ failed “one trial theory” in HER prosecution of Cuadra and Kerekes.

The only chance Luzerne County had of having one trial for Cuadra and Kerekes was if Luzerne County could have kept The Blacks Beach Tapes out of evidence. Since Luzerne County filed a transcript of The Blacks Beach Tapes into the record of the Cuadra/Kerekes Case, it is safe to say that Luzerne County has decided either:

1. That it will go to the expense of holding two separate trials for Cuadra and Kerekes; or
2. That Luzerne County has given up on prosecuting Harlow Cuadra and will try for a trial only against Jopseh Kerkes.

In our opinion, as we’ve said before, The Case Against Harlow Cuadra is DOA. You can’t assign the Victim’s Lawyer to Represent The Accused without assuming that any conviction you get will be reveresed by The State Court of Appeals. And, based on all available evidence, Jackie Musto-Carroll is NOT A Good Ole Boy

The Entire Bryan Kocis Murder Investigation appears to have been fixated solely on Harlow Cuadra. One really has to wonder HOW and WHY The Bryan Kocis Murder Investigation was so concentrated on ONE PERSON, Harlow Cuadra, especially under the LEGALLY UNSOUND THEORY that Sean Lockhart was CONTRACTUALLY BOUND to Cobra Video

Will Harlow Cuadra’s New Lawyer Invoke The Doctrine of Unclean Hands?

Seriously, you have to wonder what kind of LAWYER would actually claim to the press that a gay pornstar was contractually bound to perform gay bareback sex acts for money in the production of a gay video? That SOMEONE in Luzerne County actually prepared an AFFIDAVIT and swore under penalty of perjury that Sean Lockhart was contractually bound to Cobra Video presents The Defense Teams for Cuadra and Kerekes with the AFFIRMATIVE DEFENSE that Luzerne County Prosecutors have Unclean Hands (and that all charges against Cuadra and Kerekes should therefore be dismissed).

The Doctrine of Unclean Hands holds that when you go before a court, your hands should be clean. Under the Doctrine of Unclean Hands, asking a legitimate court to recognize a “contract” between a gay pornstar and a gay adult video production company as a valid and enforceable contract to the point where such a “contract” could serve as the motive for a murder SHOULD BE something that is repugnant to the Court. Consider this,

If Luzerne County Court of Common Pleas allows the prosecution of Harlow Cuadra and Joseph Kerekes to continue WITH an affidavit in the case file holding that Sean Lockhart was contractually bound to Cobra Video and Cuadra and Kerekes are convicted, SOMEONE could subsequently claim that The Cuadra/Kerekes Case decriminalizes the production of Adult Videos in Pennsylvania. The Commonwealth of Pennsylvania could become the Second Great Adult Video Production Captial in America after California.

If and when the production of gay videos is decriminalized in The Commonwealth of Pennsyvlania, I seriously doubt that that HISTORIC DECISION will be made by President Judge Mark Ciavarella of the Luzerne County Court of Common Pleas.