We’ve mentioned before that the entire focus of The Bryan Kocis Murder Investigation appeared to have been on Harlow Cuadra. From all that we know now, that appears to have never been any “CSI-Type” investigation of the “crime scene” to determine who MIGHT have killed Bryan Kocis (in fact the crime scene wasn’t protected from the public and it was ultimately demolished). The Police appeared to have “concluded” from the git-go that Harlow Cuadra was their man and that nothing else mattered.

Well, now that the Prosecution of Harlow Cuadra has gone up in flames, Prosecutors may have to come up with some actual evidence against Joseph Kerekes.

There is an interesting description in the Timesleader about motions recently filed by Joseph Kerekes.

They also want to keep prosecutors from using as evidence a recorded conversation of Kerekes and others at a California beach after the Kocis slaying. The attorneys say the interception of the conversation was obtained in violation of Kerekes’ constitutional rights … The attorneys said the search executed on Kerekes’ home was illegal and any evidence seized there, and from his e-mail account, should be kept out of trial.

The Suggestion Here is that some of the Search Warrants and Other “Permissions” Investigators Obtained May Have Only Been Authorized Against Harlow Cuadra.

Specifically, there is the suggestion that the Search Warrant to Seach Harlow’s and Joe’s Home may have only given authorities permission to Seach Harlow’s Property, not Joseph Kereke’s property or property owned JOINTLY by Harlow and Joe. AND,

That Authorities may have only had legal authority to intercept and record the converstions of Harlow Cuadra, Grant Roy and Sean Lockhart on Blacks Beach.

Obviously, Sean Lockhart and Grant Roy KNEW that their converstions were being recorded and they gave their permission to the recording. However,

There is the suggestion from the Timesleader description of the motions filed by Joseph Kerekes that the Authorities did not think to get permission to RECORD JOSEPH KEREKES CONVERSATIONS.

If the Search Warrants/Wire Tap authority Investigators obtained for Blacks Beach only listed Harlow Cuadra then, Joseph Kerekes conversations were illegally recorded on Blacks Beach, thus, the motion by Kerekes’ lawyers seeking to prohibit the Prosecution from submitting the fruits of the search of the Virginia Beach Home and The Blacks Beach Tapes.

There was a Law & Order episode sorta related to this issue. The Police went to a Suspect’s Office to do an investigation, the suspect was a lawyer. The Suspect was not in the office so, Police asked another Lawyer in the office for permission to search a file cabined used by the Suspect. Well, it turned out that the Office was not one law firm but rather it was an office space shared by lawyers who no partnership relationship between them. The Attorneys for the Suspect argued that the other lawyer in the office had no authority to give police permission to seach the suspect’s file cabinet.