Check and Mate Harlow Cuadra Walks!

Prediction: The Motion by Luzerne County Prosecutors to disqualify Fannick as Harlow Cuadra’s lawyer will be denied as MOOT when all charges against Harlow Cuadra are dropped or dismissed on February 20, 2008. Once all charges against Cuadra disappear, Fannick will file his appearance as Joseph Kerekes’ Lawyer

Every Defense Attorney in Luzerne County should be able to see TWO IMPORTANT THINGs about Luzerne County’s case against Harlow Cuadra:

1. That there is no way in hell for Luzerne Prosecutors to salvage the prosecution of Harlow Cuadra as a result of President Judge Mark Ciaverella assigning Bryan Kocis’ Lawyers as Cuadra’s counsel. And,

2. That instead of hiring a hot shot lawyer for himself now, Joseph Kerekes has more to gain at this point by getting charges against Harlow Cuadra dismissed (or dropped).

BTW, there is a 90% chance that The Lzuerne County Prosecutor WILL drop all charges against Harlow Cuadra on February 20, 2008, something which appears to be obvious to Attorney Fannick. Either charges against Harlow Cuadra get dropped on 1/20/2008 or, Attorney Fannick DROPS the following “alternate theory of the crime”

alternate theory of the crime: Bryan Kocis was Killed so that Kocis could NOT testify in a federal probe into how Bryan Kocis’ 2002 Guilty Plea could be Corrected four years later in 2006 by Judge Michael Conahan.

If charges against Harlow Cuadra are NOT dropped on 2/20/2008, the act of President Judge Mark Ciavarella assigning Bryan Kocis’ lawyers to Harlow Cuadra could then become part of The Conspiracy Theory Defense Fannick presents for Cuadra. Former President Judge Michael Conahan was the judge who corrected Bryan Kocis’ 2002 guilty plea in 2006. AND, current President Judge Mark Ciaverella is Conahan’s handpicked successor as President Judge of Luzerne County Courts.

CHECK AND MATE. HARLOW CUADRA WALKS!

yeah, he walks to the DA Office and makes a deal to testify against Sean Lockhart and Grant Roy in exchange for Prosecutors dropping all charges against Joseph Kerekes and Cuadra.

Any Experienced Defense Attorney in Luzerne County should be able to see that no appeals court in the Commwealth of Pennsylvania is going to rule that it was proper for President Judge Mark Ciaverella to inject himself into Harlow Cuadra’s case when Ciaverella was not the assigned trial judge for the case.

The “practice” of former President Judge Michael Conahan “injecting” himself into cases before Judge Ann Lokuta is what prompted the comment from a PA state judicial misconduct official that Luzerne County Courts are dysfunctional.

No appeals court in the Commonwealth of Pennsylvania is going to rule that President Judge Mark Ciavarella acted properly when he injected himself into Harlow Cuadra’s case and ruled that Bryan Kocis’ Lawyers at the Public Defender’s Office could represent Harlow Cuadra.

It should come as no surpise to anyone that Attorney Fannick charges in the next couple of days that Harlow Cuadra’s Defense was irrepairably harmed because Cuadra was assigned Bryan Kocis’ Lawyers as his counsel in a death penalty murder case.

Frankly, how can anyone recite Cuadra being assigned the murder victim’s lawyers without laughing?

The only face saving out for President Judge Mark Ciavarella is for Luzerne County Prosecutors to drop all charges against Harlow Cuadra, which is exactly what is going to happen on or before February 20, 2008.

Of course, Luzerne County can then THREATEN to refile the charges. However, it is more likely than not that Sean Lockhart and Grant Roy will then be charged INSTEAD of Prosecutors refiling charges against Cuadra and Kerekes.

NOTE: there is already a PROBLEM in the current case file for Harlow Cuadra because TWO judges have filed conflicting orders on the same issue. The assigned trial judge’s finding that there was a conflict with The Public Defender’s Office representing Harlow Cuadra CONFLICTS with the previous order on the same issue by President Judge Mark Ciavarella.

Several months ago, A hot shot defense lawyer would have advised Joseph Kerekes that it was in Kerekes’ interest to FIRST get charges against Harlow Caudra Dropped or Dismissed.

The only thing keeping The Prosecution’s Case against Harlow Cuadra alive at this point is probably Prosecutors trying to figure out a way to NOT embarass President Judge Mark Ciavarella.

While Luzerne County Prosecutors will have to work with President Judge Mark Ciavarella in the future, Attorney Fannick appears committed to “stepping over” President Judge Mark Ciavarella and Luzerne County Courts on his way to “the next big thing”.

Prediction: The Motion by Luzerne County Prosecutors to disqualify Fannick as Harlow Cuadra’s lawyer will be denied as MOOT when all charges against Harlow Cuadra are dropped. Once all charges against Cuadra disappear, Attorney Fannick will file his appearance as Joseph Kerekes’ Lawyer