Bryan Kocis Suing People From The Fahking Grave

March 31, 2008 in Freak Show Trial by Freak-Show-Trial

<center> IPB Image<br>Severed Head of Bryan Kocis Morphed To Eight-Legged Freak<br>If you don’t let Kocis Head have sex with your 15 year old son, it will sue you in The Luzerne County Court of Common Pleas </center>

I think any sympathy anyone was trying to create for That Piece of Shit That Was Bryan Kocis evaporated when Bryan Kocis’ Estate filed a wrongful death suit against Harlow Cuadra and Joseph Kerekes in Luzerne County Court of Common Pleas. It’s like,

What The Fuck Does It Take To Actually STOP Bryan Kocis? The Fucker is suing people from the fucking grave!

Bryan Kocis was reportedly flambéed over 80% of his body and decapitated, and yet, The MotherFucker is Still Using The Luzerne County Court of Common Pleas to terrorize people. I mean, even VAMPIRES DIE when you chop their fucking heads off and torch them!

THREE THINGS:

1. When there is “Diversity of Citizenship” (i.e., with parties to a legal dispute are residents of different states) in a lawsuit, jurisdiction over of the litigation rises to FEDERAL COURT.

2. Under Pennsylvania law and the law of most states, extradited parties like Harlow Cuadra and Joseph Kerekes are immune to the service of civil process while their criminal proceedings are pending.

3. Even if it is assumed that Joseph Kerekes is a resident of Luzerne County because he is housed in a Luzerne County jail (and that Kerekes can then be sued in the Luzerne County Court of Common Pleas), Harlow Cuadra is housed in a Lackawanna County jail facility.

INSPITE, of the above three points, The Estate of FLAMBEED DECAPITATED Bryan Kocis still managed to sue Cuadra and Kerekes in The Luzerne County Court of Common Pleas AND, allegedly, to serve both Cuadra and Kerekes with civil process when they are both IMMUNE to the service of civil process.

It’s Déjà vu All Over Again

Some years ago, when That Piece of Shit That Was Bryan Kocis was alive and his head was still attached to his unflambeed body, The Asshole FAKED a lawsuit in Luzerne County Court of Common Pleas against Sean Lockhart. Kocis claimed that Lockhart had to appear at the Luzerne County Courthouse for a Deposition, according to rumor Kocis planned to have Lockhart arrested once Lockhart set foot in Luzerne County. Sean Lockhart’s lawyers determined that Kocis had obtained only a case number from the Clerk of the Luzerne County Court of Common Pleas Court and that Kocis had never filed any lawsuit.

Jump forward about three years, one decapitation and one flambéing later, and, that fucker Bryan Kocis is STILL using the Luzerne County Court of Common Pleas to threaten and harass people FROM THE FUCKING GRAVE. How is it that An Estate Built on Porn and Prostitution has such a FAVORABLE relationship with A Court System that it was able to sue Cuadra in Luzerne County Court of Common Pleas when Cuadra (under no set of idiot fucking legal arguments) is not a resident of Luzerne County?

The Civil Lawsuit by Flambeed Decapitated Bryan Kocis’ Estate coupled with all of Bryan Kocis’ PAST HISTORIES with Luzerne County Court of Common Pleas are the Best Arguments for a Change of Venue for any trial(s) for Harlow Cuadra and Joseph Kerekes.

IN GENERAL, companies that paid people to have sex in adult videos try to avoid Courts.

[attachmentid=2230]

Bryan Kocis Estate vs Harlow Cuadra and Joseph Kerekes

March 26, 2008 in Freak Show Trial by Freak-Show-Trial

UPDATE 3/29/08: It just occurred to me that Harlow Cuadra is being housed in Lackawanna County Jail Facilities. Let’s assume that Bryan Kocis’ Estate intends to argue that Joseph Kerekes could be sued for the wrongful death of DUMBASS BRYAN KOCIS in Luzerne County Court of Common Pleas because Kerekes is in jail in Luzerne County. THEN, THEREFORE, AS A RESULT OF THAT IDIOT FUCKING LEGAL ARGUMENT, Harlow Cuadra would have had to have been sued in The Lackawanna County Court of Common Pleas. The fact is that the reason Pennsylvania makes extradited parties immune to civil process during a criminal prosecution is probably because extradited parties are NOT considered residents of the cities/counties where they are being jailed. BOTTOM FUCKING LINE, Not only was Harlow Cuadra Immune to civil process, he is not a resident of Luzerne County no matter what kind of argument anyone comes up with. Talk about shooting yourself in the fucking foot.

If I was in Harlow Cuadra’s and Joseph Kerekes’ position, I would fucking rip Bryan Kocis’ Estate and Luzerne County to shreds with a Civil RICO Lawsuit. It may not be possible to actually win a CIVIL RICO but, trust me, YOU CAN destroy a fucker’s life with one. It takes some serious fucking balls for an estate built on porn and prostitution to sue two guys who are IMMUNE to Civil Process.

So, where is this Civil Lawsuit Bryan Kocis’ Estate is alleged to have filed against and served on Harlow Cuadra and Joseph Kerekes? Has anyone heard anything about the suit since the big headlines?

As we said here before, The Estate of Bryan Kocis serving civil process on two guys who are immune to civil process VIRTUALLY DEMANDs that Cuadra and Kerekes respond by shoving a nice big Civil RICO up Bryan Kocis’ rotting flambeed ass. However,

There are TWO LAWSUITs listed under the name Kocis in the online records for The Luzerne County Court of Common Pleas and neither one of them is this Infamous Wrongful Death Suit.

http://ujsportal.pacourts.us/WebDocketShee…ia.aspx?mode=cp
CP-40-CR-0002891-2001 9/11/2001 12:00:00 AM Comm. v. Kocis, Bryan Luzerne Kocis, Bryan C. Closed
CP-40-MD-0002853-1995 11/2/1995 12:00:00 AM In Re: Kocis, Bryan Luzerne Kocis, Bryan Charles Closed

Bryan Kocis and That DNA Fingerprint Game

March 26, 2008 in Freak Show Trial by Freak-Show-Trial

I guess the world will never know whose DNA and Fingerprints could have been harvested from Bryan Kocis’ house. It is safe to say that Police DID NOT find any DNA or Fingerprint evidence placing Harlow Cuadra and Joseph Kerekes at the murder scene.

In the news in New York today is a little wrinkle in a suposedly open and shut murder case, i.e., the Defense found an unidentified male’s DNA in the murder victim’s bathroom sink. The police and prosecutors assumed they had an open and shut case against a Black Woman for the murder. The police claim that the unidentified male DNA was OLD DNA that had nothing to do with the murder.

“The medical examiner has shown us if not the identity the gender of the real killer of Linda Stein and it was a man,” Kuby said … The report reveals that blood found in Stein’s bathroom sink was mixed with Stein’s and an unidentified male. No blood from Lowery was found in the apartment … “There had to be blood on the hands of killer and in the course of the attack he may have cut himself with the object he was using to bludgeon Linda to death,” Kuby said. wcbstv.com

There is some famous movie (Network, I think) in which one side in a legal dispute claim that a guy is insane. The other side that wanted to make money off of the “insane guy” says: “Well, you get your shrinks and we’ll get ours”. In Court, everything comes down to what you can get a Judge to rule, not reality. For every EXPERT willing to testify to one position, you can probably buy TWO OTHER EXPERTS willing to testify to the other position.

As we’ve said before, Fingerprint matching is NOT an exact science. Even the FBI admits that there is always a Human involved in fingerprint matching, i.e., fingerprint matching is ALWAYS subjective. AND, with DNA, while you may be able to specifically eliminate someone from a crime based on DNA, when DNA is found on a murder scene (as with fingerprints), there is no way to know WHEN the DNA appeared on the scene.

DNA in re Harlow Cuadra and Joseph Kerekes

GIVEN: If the police and prosecutors had any DNA or Fingerprint evidence whatsoever placing Harlow Cuadra and/or Joseph Kerekes in Bryan Kocis’ house, the police would not have gone to the laughable extreme of using Sean Lockhart and Grant Roy to bug Cuadra and Kerekes on Blacks Beach.

We all are fully aware of the fact that A Whole Lot of Bodies went through Bryan Kocis’ House and Kocis’ Idiot Life. So, therefore, as a result of the above, there had to have been a shit load of UNIDENTIFIED MALE DNA on The Bryan Kocis Murder Scene.

IF Luzerne County Investigators did do any DNA testing whatsoever on The Bryan Kocis Murder Scene, they are in some serious deep shit because: ( a ) Prosecutors can’t possibly prove WHEN the DNA first arrived on the scene; and ( b ) The Defense can and mostly likely will claim that any DNA found at the murder scene was from the murder(s).

The Police can’t put Cuadra and Kerekes at the murder scene with DNA and Fingerprints but, a shit load of people probably CAN be placed at the murder scene. We all know that A CERTAIN SOMEONE lived with Bryan Kocis for a while so, there probably WAS some DNA and Fingerprint evidence placing THAT person at the murder scene.

Harlow Cuadra and The Writ of Habeas Corpus

March 23, 2008 in Freak Show Trial by Freak-Show-Trial

<center>As we’ve said here repeatedly, THE VALUE of having good lawyers comes into play for Harlow Cuadra and Joseph Kerekes only when they can get their cases to the attention of Courts OUTSIDE of the Luzerne County Court of Common Pleas. The most obvious ways to immediately get to a court outside of Luzerne County for Cuadra and Kerekes are with: ( a ) Federal Civil RICO Actions; and ( b )Writs of Habeas Corpus</center>
Joseph Kerekes has already filed a Writ of Habeas Corpus.

You can pretty much count the minutes until Harlow Cuadra also files a Writ of Habeas Corpus.

The statement from Cuadra/Kerekes Judge Peter Paul Olszewski Jr that his decision to Remove Demetrius Fannick as Harlow Cuadra’s lawyer is reversible error, SUGGESTS that any conviction of Harlow Cuadra could be REVERSED based on the decsion of Olszewski removing Fannick as Cuadra’s Lawyer (in other words, the order to remove Fannick IS NOT a final and appealable order in itself).

Fear of the Appeal

“Rules of Civil/Criminal Procedure” in almost every level of every court system in America provides that a party can file a motion for reconsideration in response to any order issued by the Court within about 10 days of the order. In other words, in theory, Harlow Cuadra and Demetrius Fannick can file a motion asking Judge Olszewski to reconsider his order removing Fannick. IN FACT, Olszewski appears to be HOPING/BEGGING that Fannick does in fact file a motion to reconsider given the following quote attributed to Olszewski: “IF Fannick had testified under oath that he did not discuss any confidential matters with Kerekes, the decision of the Court may very well have been different”.

Is Olszewski begging Fannick to file a “motion to reconsider” along with an affidavit that Fannick did not discuss confidential matters with Kerekes?

Olszewski can’t possibly be eager to have an appeals court review his decision removing Fannick because Olszewski’s order clearly RE-DEFINES the criteria for what constitutes an implied attorney/client relationship in the Commonwealth of Pennsylvania. DOESN’T IT TAKE SOME HUGE FUCKING BALLS FOR A LITTLE SHIT COURT SYSTEM THAT NO ONE RESPECTS TO RE-DEFINE WHAT CONSTITUTES AN IMPLIED ATTORNEY/CLIENT RELATIONSHIP FOR THE ENTIRE COMMONWEALTH OF PENNSYLVANIA? There is nothing in the current “definition” for an implied attorney/client relationship in Pennsylvania that says that if an attorney talks about the details of a legal matter that the attorney is automatically in an implied attorney/client relationshp with a prospective client (whether the atttorney or the prospective client agree or not). THINK ABOUT THIS FOR A MINUTE, how the fuck can an attorney decide if he should take on a legal matter WITHOUT talking about the details of the matter?

There is also the little legal nightmare of an attorney and party being judged to be in an attorney/client relationship when NEITHER the attorney nor the client consider themselves to be in an attorney/client relationship. HOW EXACTLY THE FUCK WOULD THIS WORK? The order removing Fannick essentially says that Fannick and Kerekes are attorney and client when neither on of them consider themselves to be in an attorney client relationship.

Harlow Cuadra WILL FILE A Writ of Habeas Corpus

As we said at the top, Joseph Kerekes has already filed a Writ of Habeas Corpus.

While the order to remove Fannick may not be immediately appealable as a final order, based on what we’ve read so far, a decision by The Luzerne County Court of Common Pleas denying a Writ of Habeas Corpus will allow Cuadra and Kerekes to then file Writs of Habeas Corpus directly to FEDERAL COURT.

Once the Cuadra/Kerekes prosecutions reaches a court OUTSIDE of Luzerne County, THEN THE SHIT WILL HIT THE FAN.

In fact, it is virtually GUARANTEED that Harlow Cuadra and Joseph Kerekes will file a Civil RICO LAWSUIT in Federal Court against Bryan Kocis’ Estate and Luzerne County. The fact that Bryan Kocis’ Estate served civil process on Cuadra and Kerekes when they are immune to the service of civil process essentially DEMANDs that Cuadra and Kerekes respond with a Civil RICO in Federal Court.

Personally, I can’t fucking wait to read the answer Luzerne County and Bryan Kocis’s Estate file in response to a Civil RICO in Federal Court from Cuadra and Kerekes. I can’t fucking wait for Demetrius Fannick to cross-examine Judge Michael Conahan on how Bryan Kocis 2002 conviction was CORRECTED four years later. I’m sure Judge Ann Lokuta would also be excited about a Civil RICO in Federal Court against The Luzerne County Court of Common Pleas.

Let’s get this party started! PLAY THAT FUNKY RICO WHITE BOY!

Falcon Studios Sold To Bryan Kocis Estate for $1

March 22, 2008 in Freak Show Trial by Freak-Show-Trial

<center> [attachmentid=2221] <br>Bryan Kocis was burned so totally and completely, he became a Tar Pit<br>Luzerne County subsequently developed The Bryan Kocis Tar Pit site into a Retirement Home for Judicial Officials</center>

Once lawyers in Luzerne County are able to petition The Luzerne County Court of Common Pleas to get themselves DECLARED someone’s lawyer, why would lawyers in Luzerne County stop at getting themselves declared attorneys for two jailed gay pornstars?

The Luzerne County Court of Common Pleas has just DECLARED that Demetrius Fannick was Joseph Kerekes’ Lawyer when NEITHER Fannick nor Kerekes considered there to be an attorney/client relationship between them. So, why stop at getting yourself declared the lawyer for some Jailed Pornstar? Why not get yourself declared The Lawyer With Power of Attorney To Sell Falcon Studios?

Al Flora, Jr. could petition Luzerne County Court of Common Pleas arguing that Falcon Studios created an implied attorney/client relationship with him.

Or, the Luzerne County DA could get Al Flora, Jr. or Jonathan Blum DECLARED the lawyer for Sean Lockhart and Flora could then sign a CONFESSION on behalf of Sean Lockhart in re The Bryan Kocis Murder.

In my opinion, THERE IS NO FUCKING WAY IN HELL The Commonwealth of Pennsylvania is going to allow Luzerne County Court of Common Pleas to create its own ARBITRARY CRITERIA for what constitutes an implied attorney/client relationship.

The Last Days of The Luzerne County Court of Common Pleas

It is just possible that the order of Luzerne County Court of Common Pleas essentially RE-DEFINING what constitutes an implied attorney/client relationship may be so over the top that Federal and Pennsylvania State Officials may now be FORCED to intercede.

Re-defining what constitutes an implied attorney/client relationship COUPLED with the fact that The Court allowed the prosecution to file a motion ON BEHALF of a criminal defendant, YOU WOULD THINK, would SERVE NOTICE to someone on the State and Federal level that things are a bit OUT OF HAND in Luzerne County.

Harlow Cuadra Judge Abandons Sinking Ship

March 20, 2008 in Freak Show Trial by Freak-Show-Trial

There is simply NO WAY AROUND the fact that Judge Olszewski’s Ruling Disqualifying Demetrius Fannick Raises a Shit Load Of Questions About The Reasoning Behind President Judge Mark Ciavarella’s Decision to Asssign Bryan Kocis Lawyers To Harlow Cuadra

If Cuadra’s lawyers now move that all charges be dismissed against Cuadra because Cuadra was irreparibly harmed when he was assigned Bryan Kocis’ lawyers, it is almost impossible to see how Judge Olszewski could deny the motion. Olszewski is the trial judge assigned to the Cuadra/Kerekes Case.

With the rumors of FEDERAL PROBES and The Judicial misconduct proceedings against Judge Ann Lokuta, The Luzerne County Court of Common Pleas is in a bit of a mess, a bit of a TAR PIT actually.

Is Judge Olszewski jumping a SINKING SHIP?

Judge Ann Lokuta has specifically claimed a CONSPIRACY against her on the part of PRESIDENT JUDGES of Luzerne County Court of Common Pleas. The President Judges of Luzerne County Court of Common Pleas referred to by Lokuta are Mark Ciavarella and Michael Conahan.

It will take Days maybe Weeks to really understand the legal ramifications of Judge Olszewski’s legal arguments associated with his decision to Disqualfy Fannick. HOWEVER, as stated, there is NO WAY AROUND THE FACT, that Olszewski’s ruling is at odds with the decision in the same case by President Judge Mark Ciavarella assigning Bryan Kocis’ Lawyers to Cuadra.

The HARM that Olszewski argues could have resulted to Kerekes if Fannick represented Cuadra DID IN FACT occur to Cuadra as a result of Cuadra being assigned Bryan Kocis’s Lawyers.

There is also NOW the question of whether or not Attorney Al Flora, Jr and Jonathan Blum can testify for The State against Cuadra. Since Al Flora, Jr and Jonathan Blum (former attorneys for Bryan Kocis who now work for the Luzerne County Public Defender’s Office) were in fact at one time attorneys of record for Cuadra, under Olszewski’s latest ruling, Flora and Blum CANNOT attack Cuadra’s credibility as witnesses for The State … What if the State’s Case for establishing a time of death for Bryan Kocis RESTed with testimony from Kocis’ lawyer Al Flora, Jr.?

IT’s THAT OLE BRYAN KOCIS TAR BABY AGAIN!

The Bitchless Blog and The Bryan Kocis Murder Trial

March 20, 2008 in Freak Show Trial by Freak-Show-Trial

<center> Federal Judge Lewis Kaplan’s Order Dismissing Criminal Charges Against Former KPMG Employees is now on appeal to The United States District Court For The Second Circuit. CLICK HERE for WSJ Law Blog post on KPMG Case.</center>

Constitutional Rights don’t vary by State. The Luzerne County Court of Common Pleas is not going to decide a set of standards for the Constitutional Right to Legal Counsel and a Fair Trial that that are completely at odds with the rest of America. WHIICH COURT do you think is the more respected to weigh in on CONSTITUTIONAL RIGHTS, Federal Judge Lewis Kaplan or The Luzerne County Court of Common Pleas?

TRUTH BE TOLD, The Bitchless Blog was First to Uncover and to Cite to Harlow Cuadra Federal Judge Kaplan‘s Decision on Conflict Counsel, a citation That Is Now PIVOTAL To The Bryan Kocis Murder Trial.

The decision by Luzerne County Court of Common Pleas to Disqualify Demetrius Fannick more or less references the Decision of Federal Judge Kaplan in the Infamous KPMG Tax Case in New York. CLICK HERE for history of KPMG Tax Case at the WSJ Law Blog.

The ruling by Judge Kaplan in The KPMG Tax Case has now become a CRITICAL/PIVOTAL legal point in Luzerne County’s Prosecution of Harlow Cuadra because ( a ) Bryan Kocis’s lawyers were assigned to Harlow Cuadra; and ( b ) the Court Alleges that Joseph Kerkes’ lawyer (Demetrius Fannick) cannot represent Cuadra.

Specifically, in the KPMG Tax Case, The US Attorney moved to disqualify a lawyer from representing one defendant because the lawyer had previously represented another defendant in the KPMG Tax Case in New York.

Federal Judge Kaplan affirmed the US Attorney’s position that an attorney has a continuing obligation of loyalty to his client and that an attorney cannot attack the credibility of a former client. Judge Kaplan ruled that because the first defendant refused to waive any conflict of interest, the Court had no choice but to disqualify the lawyer from representing the second Defendant.

The Bitchless Blog First Cited Judge Kaplan’s Decision to Harlow Cuadra when Cuadra Was Assigned Bryan Kocis’ Lawyers

The simple fact of the matter is that we were FIRST to uncover Judge Kaplan’s order and to refer it to Harlow Cuadra via Cuadra’s Blog.

Specifically, when Harlow Cuadra was assigned Bryan Kocis Lawyers (Al Flora, Jr and Jonathan Blum), we cited Judge Kaplan’s ruling to Cuadra by posting a message on Cuadra’s blog. We suggested to Cuadra via his blog that he write a letter to the judge assigned to his case stating that he REFUSED to waive any conflict of interest associated with Bryan Kocis’s lawyers representing him.

SHORTLY AFTER OUR POST ON CUADRA’s Blog, The Luzerne County DA moved to disqualify Bryan Kocis’ Lawyers at The Luzerne County Public Defender’s Office from representing Cuadra.

QUESTIONS: Was The DA’s motion to remove Bryan Kocis’ Lawyers made AFTER Cuadra wrote a letter to the judge REFUSING to waive conflict of counsel issues? DID Harlow Cuadra in fact follow our suggestion that he put in writing that he specifically refused to waive any and all conflict of counsel issues associated with Bryan Kocis’ Lawyers?

The Bitchless Blog RULES

In addition to Judge Kaplan and the KPMG Case being ON POINT with respect to “conflict of counsel issues” in the Cuadra/Kerekes Case, the KPMG Case could also be ON POINT with respect to Luzerne County denying Cuadra and Kerekes their right to legal counsel.

Judge Kaplan DISMISSED CRIMINAL CHARGES against 13 former KPMG employees charging that PROSECUTORS HAD GONE TO FAR in making it difficult for the defendants to hire the attorneys of their choice. The defendants alleged that the government threatened KPMG if KPMG paid their legal costs. THIS could clearly also be ON POINT for the Cuadra/Kerekes case with respect to Luzerne County removing Fannick as Cuadra’s lawyer and with respect to that DUMBASS RICO MOVE against Cuadra and Kerekes by Virginia Beach. See WSJ Law Blog

This just in: Judge Kaplan has dismissed the indictment of thirteen of the sixteen KPMG defendants. The case will proceed to trial on the charges against the three other KPMGers and two additional defendants who never were employed by KPMG (one of those is R.J. Ruble, a former tax partner at Sidley Austin). Here’s the 68-page opinion.

Judge Kaplan had previously held that the government’s interference with KPMG’s payment of the legal fees of its employees and former employees violated the employees’ constitutional rights. WSJ Law Blog

Text of Federal Judge Lewis Kaplan’s Order

June 27, 2006, 11:07 am
Judge Kaplan’s Stunning KPMG Ruling
Posted by Peter Lattman
Those who commit crimes — regardless of whether they wear white or blue collars — must be brought to justice. The government, however, has let its zeal get in the way of its judgment. It has violated the Constitution it is sworn to defend.

That’s the money quote in Judge Kaplan’s stunning 88-page opinion, in which he found that prosecutors violated the constitutional rights of a group of former KPMG partners by pressuring the firm not to pay their legal bills. We’re going to take the liberty of reprinting the opinion’s entire preamble, which contains remarkably clear, riveting writing:

The issue now before the Court arises at an intersection of three principles of American law.

The first principle is that everyone accused of a crime is entitled to a fundamentally fair trial. This is a central meaning of the Due Process Clause of the Constitution.

The second principle, a corollary of the first, is that everyone charged with a crime is entitled to the assistance of a lawyer. A defendant with the financial means has the right to hire the best lawyers money can buy. A poor defendant is guaranteed competent counsel at government expense. This is at the heart of the Sixth Amendment.

The third principle is not so easily stated, not of constitutional dimension, and not so universal. But it too plays an important role in this case. It is simply this: an employer often must reimburse an employee for legal expenses when the employee is sued, or even charged with a crime, as a result of doing his or her job. Indeed, the employer often must advance legal expenses to an employee up front, although the employee sometimes must pay the employer back if the employee has been guilty of wrongdoing.

This third principle is not the stuff of television and movie drama. It does not remotely approach Miranda warnings in popular culture. But it is very much a part of American life. Persons in jobs big and small, private and public, rely on it every day. Bus drivers sued for accidents, cops sued for allegedly wrongful arrests, nurses named in malpractice cases, news reporters sued in libel cases, and corporate chieftains embroiled in securities litigation generally have similar rights to have their employers pay their legal expenses if they are sued as a result of their doing their jobs. This right is as much a part of the bargain between employer and employee as salary or wages.

Most of the defendants in this case worked for KPMG, one of the world’s largest accounting firms. KPMG long has paid for the legal defense of its personnel, regardless of the cost and regardless of whether its personnel were charged with crimes. The defendants who formerly worked for KPMG say that it is obligated to do so here. KPMG, however, has refused.

If that were all there were to the dispute, it would be a private matter between KPMG
and its former personnel. But it is not all there is. These defendants claim that KPMG has refused to advance defense costs to which the defendants are entitled because the government pressured KPMG to cut them off. The government, they say, thus violated their rights and threatens their right to a fair trial.

Having heard testimony from KPMG’s general counsel, some of its outside lawyers, and government prosecutors, the Court concludes that the KPMG Defendants are right. KPMG refused to pay because the government held the proverbial gun to its head. Had that pressure not been brought to bear, KPMG would have paid these defendants’ legal expenses.

Those who commit crimes regardless of whether they wear white or blue collars must be brought to justice. The government, however, has let its zeal get in the way of its judgment. It has violated the Constitution it is sworn to defend. via WSJ

Delaying The Release of Harlow Cuadra Part II

March 20, 2008 in Freak Show Trial by Freak-Show-Trial

<center> [attachmentid=2220] <br>Implied Attorney/Client Relationship in Pennsylvania <br>Except for Luzerne County</center>
An appeal of the disqualification of Fannick will just further delay the release of Harlow Cuadra. Cuadra will probably file a Writ of Habeas Corpus to Luzerne County Court of Common Pleas so that Kerekes and Cuadra can then both file Writs to FEDERAL COURT when their writs are denied by Luzerne County.

Luzerne County Newspapers have more info today on the “reasoning” The Court used to disqualify Demetrius Fannick as Harlow Cuadra’s Lawyer. Specifically, The Court claims that the outburst from Joseph Kerekes coupled with Fannick’s refusal to testify under oath made it clear that the Court had to disqualify Fannick. THIS MAY SOUND LIKE IT MAKES LEGAL SENSE but,

Under Pennsylvania case law, there was clearly NO implied attorney/client relationship between Fannick and Kerekes. There are established criteria under Pennsyvlania case law for an implied attorney/client relationship and, WHAT THE PARTIES DISCUSSED during meetings is NOT one of those criteria. IN EFFECT, as we submited preivously, The Luzerne County Court of Common Pleas, a court that does NOT appear to have the respect of anyone in Pennsylvania’s judicial system, has just RE-DEFINED what constitutes the establishment of an implied attorney/client relationship.

What are the chances that The Commonwealth of Pennsyvlania will allow some little shit Court System that State Officials have described as DYSFUNCTIONAL to RE-DEFINED the criteria for the establishment of an attorney/client relationship? AT BEST, The Disqualification of Fannick only further delays the REQUIRED release of Harlow Cuadra.

LUZERNE COUNTY COURT OF COMMON PLEAS AND THAT BRYAN KOCIS TAR BABY PART II

I you sit back and observe THE CASE AGAINST HARLOW CUADRA, you can see The Luzerne County Court of Common Pleas HAS BEEN PLAYED!

All of the Legal Argument For Disqualifying Fannick Support The Legal Position That JUDICIAL BIAS Was Behind Harlow Cuadra Being Assigned Bryan Kocis’ Lawyers.

Do you get it?

The Luzerne County Court of Common Pleas is claiming NOW that Demetrius Fannick cannot represent Harlow Cuadra because Fannick has “a continuing obligation of loyalty” to Joseph Kerekes. So, Why Then Did The Luzerne County Court of Common Pleas assign lawyers with “a continuing obligation to Bryan Kocis” to represent Harlow Cuadra?

If there was and is no legitimate legal basis for Cuadra being assigned Bryan Kocis’ lawyers, THEN IT MUST HAVE BEEN JUDICIAL BIAS that resulted in President Judge Mark Ciavarella, a Judge who is NOT the assigned Trial Judge, assigning Bryan Kocis’s lawyers to represent Cuadra.

IT’S THAT OLE BRYAN KOCIS TAR BABY AGAIN!

At the very least, there is now a clear argument for JUDICIAL BIAS in re Ciaverella assigning Bryan Kocis’ lawyers to Cuadra using The Court’s own arguents disqualifying Fannick.

Bryan Charles Kocis is now officially a noose around Luzerne County Court of Common Pleas’ Neck.

Dead Flambeed Bryan Kocis is a Legal Tar Baby for The Luzerne County Court of Common Pleas.

No Matter What Luzerne County Court of Common Pleas Does, It Only Sinks Deeper and Deeper into That Bryan Kocis Tar Pit.

Demetrius Fannick Lou Sinatra and That Bryan Kocis Tar Baby

March 19, 2008 in Freak Show Trial by Freak-Show-Trial

Even more bullshit out of Luzerne County today. Demterius Fannick has been disqualified as Harlow Cuadra‘s lawyer.

WILKES-BARRE — A Luzerne County judge has disqualified attorney Demetrius Fannick from defending homicide suspect Harlow Cuadra … Court of Common Pleas Judge Peter Paul Olszewski Jr. made the move after prosecutors asked for Fannick to be removed because he had previously met with co-defendant Joseph Kerekes. That, the prosecutors said, created a conflict of interest. Timesleader

Previously on this board, we asked: “What possible value can having the smarter lawyer be to Harlow Cuadra and Joseph Kerekes in The Luzerne County Court of Common Pleas?

The fact that Harlow Cuadra was assigned Bryan Kocis‘s lawyers by President Judge Mark Ciavarella should tell everyone that having the smarter lawyer doesn’t mean shit to either Harlow Cuadra or Joseph Kerekes. THE REAL IMPACT of having good lawyers will come into play for Cuadra and Kerekes when The Case Against them reaches Federal Court or Pennsylvania Appeal Court.

TWO THINGs:

1. I simply cannot believe that even a judge in Luzerne Court Court of Common Pleas actually granted that idiot motion The Luzerne County DA filed to Disqualify Fannick. Judge Peter Paul Olszewski Jr., the judge over The Cuadra/Kerekes Case, either denied The DA’s Idiot Motion and removed Fannick on his own motion or, The Luzerne County Court of Common Pleas has just RE-DEFINED what constitutes an implied attorney/client relationship in the Commonwealth of Pennsylvania. When the definition of an implied attorney/client relationship IS re-defined for the Commonwealth of Pennsylvania, I don’t think the Pennsylvania Legislature and the Highest Court in Pennsylvania will leave that decision up to The Luzerne County Court of Common Pleas.

2. Charges against Harlow Cuadra have to now be dismissed. I can see how Judge Olszewski removed Fannick on his own motion because he didn’t want to FURTHER EMBARASS DA Melnick by denying Melnick’s idiot motion. However, America’s National Security is AT RISK if Luzerne County actually intends to proceed with a death penalty murder trial for Harlow Cuadra AFTER it assigned Bryan Kocis’ lawyers to represent Cuadra. If The Charges against Cuadra are dismissed, then it doesn’t matter that Fannick was disqualfied. As we said before, we didn’t think that Fannick ever intended to go to trial for Cuadra, that Fannick understood that the case against Cuadra is DOA.

Harlow Cuadra Retains Lou Sinatra

Wouldn’t it be a fucking hoot if Harlow Cuadra now hired Lou Sinatra? Lou Sinatra is the Philadelphia lawyer representing Judge Ann Lokuta in the administrative proceedings to remove her from the bench.

ALSO,

As we also mentioned earlier, Demetrius Fannick could still represent Harlow Cuadra and Joseph Kerekes in A Civil RICO Against Luzerne County and Bryan Kocis’ Estate. THAT would also be a fucking hoot. SINCE Bryan Kocis’ Estate filed a civil suit against Cuadra and Kerekes AND allegedly served civil process on Cuadra and Kerekes, it seems to me the PROPER response from Cuadra and Kerekes would be a Civil RICO in Federal Court with Demetrius Fannick as their lawyer.

How Ann Lokuta Destroyed Prosecution of Harlow Cuadra

March 17, 2008 in Freak Show Trial by Freak-Show-Trial

SOME MONTHS AGO, we jokingly referred to Luzerne County Judge Ann Lokuta and Harlow Cuadra CONSPIRING to bring down their common enemy (i.e., President Judge Michael Conahan and The Luzerne County Court of Common Pleas). Well,

As unlikely as that joke seemed at the time, Harlow Cuadra may in fact owe the COLLAPSE of the prosecution’s case against him to Judge Ann Lokuta. It was Judge Ann Lokuta who (during administrative proceeding to remove her from the bench) highlighted the fact that President Judges of The Luzerne County Court of Common Pleas (Michael Conahan and Mark Ciavarella) were stepping into her cases (for some unknown reason) and issuing rulings. It was the fact that Michael Conahan was stepping into Ann Lokuta’s cases and issuing rulings that prompted one State Judicial Official to say that “The Luzerne County Court of Common Pleas was DYSFUNCTIONAL”.

President Judge Mark Ciavarella Stepped in to Assign Bryan Kocis’ Lawyers to Harlow Cuadra

Again, maybe we’re missing something here …

Tell me again how a Court can assign the murder victim’s lawyers to represent the murder suspect in a death penalty case and NOT have the fucking prosecution IMPLODE?

Are we speaking French?

Assigning Bryan Kocis’ Lawyers to repesent Harlow Cuadra was fucked-up enough in and of itself. However, the fact that the motion to assign Bryan Kocis’ lawyers to Harlow Cuadra was made by President Judge Mark Ciaverella NOT the assigned trial judge just makes any attempt to continue prosecuting Harlow Cuadra with the current case one big fucking joke?

Demetrius Fannick and every other Defense Lawyer in Luzerne County can probably see that the prosecution of Harlow Cuadra is DOA.

The gossip out of Luzerne County is that current President Judge Mark Ciavarella was Judge Michael Conahan’s handpicked successor. Judge Michael Conahan was the Judge for Bryan Kocis’ 2002 guilty plea AND the Judge who “corrected” Bryan Kocis’ guilty plea in 2006.

Oh, and to all of the arguments FOR Luzerne County Court of Common Pleas being disqualified to conduct a murder trial for Harlow Cuadra and Joseph Kerekes, add the fact that Holey Flambeed Bryan Kocis’ Estate allegedly used The Luzerne County Court of Common Pleas to serve civil process on Harlow Cuadra and Joseph Kerekes when they are immune to Civil Process.

At this point, the only thing missing from the prosecution of Harlow Cuadra is the laugh track.