If The Estate of Bryan Kocis did in fact accomplish Service of Process for its Civil Wrongful Death Suit on Joseph Kerekes, THAT ACT could be used by Kerekes as proof that his Civil Rights are being violated by the Persons Detaining Him per his Writ of Habeous Corpus against Luzerne County.

We all know that everyone has a right to legal counsel. And, we all know that Cuadra and Kerekes were rendered incapable of affording the legal counsel of their choice when Virginia Beach seized all of their assets. A Federal Judge in New York held that former employees of KPMG were denied their right to legal counsel with The State made it difficult for the person to retain the legal counsel of their choosing. This legal argument was supported by the US Attorney.

In addition, the same Federal Judge, Judge Kaplan, held that a defendant had a right to CONFLICT FREE COUNSEL. Judge Kaplan indicated that the Court had no authority to assign an attorney with a conflict to represent a defendant without that defendant’s consent. In other words, the right to legal counsel incorporates the right to legal counsel that is CONFLICT FREE. Bryan Kocis’ lawyers clearly had a conflict of interest with their acting as lawyers for Cuadra and Kerekes.

Denial of The Right To Conflict Free Counsel and Violation of the right to immunity to service of civil process APPEARS TO ME to be civil rights violations that could result in a Federal Court holding that Joseph Kerekes (and Harlow Cuadra) are being illegally detained per a Writ of Habeas Corpus to Federal Court.

According to Federal Law, the law of the Commonwealth of Virginia and, the Law of the Commonwealth of Pennsylvania, Extradited Persons like Harlow Cuadra and Joseph Kerekes are immune to the service of civil process for a civil lawsuit on the same subject matter as the criminal proceedings they are facing.

It is not really a STRETCH to assume that Kerekes will now use the fact that he was served with a civil wrongful death lawsuit to support his argument via his Writ of Habeas Corpus that his civil rights are bing violated by THOSE DETAINING HIM and that he is in fact being ILLEGALLY DETAINED.

A Writ of Habeas Corpus

A Writ of Habeas Corpus is a PETITION by a detained Body that requires that the Authorities Detaining the Body provide The Court with Proof that their Detention of the subject BODY is Legal.

While it is true that a Writ of Habeas Corpus is common in criminal cases, MOST OF THE TIME, the Writ of Habeas Corpus is filed post-conviction by a convicted person seeking to set aside a conviction. Joseph Kerekes’ Writ of Habeas Corpus is PRE-TRIAL / PRE-VERDICT. One has to then assume that Kerekes Writ of Habeas Corpus has more to do with a claim that Kerekes’ civil rights are being violated by the Persons Detaining him (i.e., denial of Conflict Free Counsel and denial of OTHER RIGHTS accorded Extradited Persons).

State Writ of Habeas Corpus Required Prior to Federal Petition

It also appears that the Writ of Habeas Corpus by Joseph Kerekes to Luzerne County Court is simply a required first step to Kerekes filing a Writ of Habeas Corpus to Federal Court.

Federal Case Law on a writ of habeas corpus to to Federal Court is that the Petitioner must first EXHAUST HIS STATE REMEDIES. In other words, before Joseph Kerkes can file a writ of Habeas Corpus to Federal Court, he must first get his writ of habeas corpus DENIED Luzerne County Court of Common Pleas (which should not be that hard to accomplish).

Once The Bryan Kocis Murder Scandal gets before a Federal Judge …