Harlow Cuadra and Fruit of the Poisonous Tree
January 5, 2009 in Freak Show Trial by Freak-Show-Trial
I just remembered that the clip of Harlow Cuadra that we posted to youtube is only a few minutes from a much longer clip posted by Cuadra / Joseph Kerekes to their dailymotion account at www.dailymotion.com/marknorfolk. I thought the much longer clip at dailymotion would be deleted from dailymotion and youtube for being to “racy” so, I only used a small part of the original clip. I was recently surprised to find out that the much longer clip of Harlow Cuadra is still on dailymotion (as is a much longer racy version of the clip of Boybatter “Lee”)
The Battle over evidence currently under way in The Bryan Kocis Murder Trial may have less to do with the actual admittance of seized evidence and much more to do with a legal doctrine called Fruit of the Poisonous Tree. In effect, criminal case law holds that if The State had no legal right to detain or arrest someone or no right to search someone’ person or property, THEN, any evidence seized by the state under such circumtances is not admissible at trial. IN THEORY, the “fruit of the poisonous tree” doctrine COULD be used in a “cascading effect” against the State of Virginia by Cuadra to a point where the extradition of Cuadra and Kerekes to Pennsylvania could be ruled to have been improper. In short,
If Virginia’s detaining and subsequent arrest of Harlow Cuadra and Joseph Kerekes was improper, EVERYTHING that happened to Cuadra and Kerekes subsequent to their arrest was improper, including their extradition to Pennsylvania.
Investigations of county carrying over into 2009
A source familiar with the probe of the judiciary said the delay in resolving that case has been due, in part, because investigators continue to uncover new information as they dig deeper.
“Every time they turn something over, they have to interview more people. It’s unending,” the source said.
The investigation is ongoing, the source said, but it appears that a determination on possible charges will be made in 2009. Timesleader






