Federal Judge Kaplan in New York may turn out to be Savior to Harlow Cuadra and Joseph Kerekes, at least when Cuadra and Kerekes appeal the convictions handed down against them in Luzerne County. At this point, Luzerne County would not even be proceeding with the prosecutions of Harlow Cuadra and Joseph Kerekes unless Luzerne County DOESN’T CARE that whatever convictions they obtain against Cuadra and Kerekes will most likely be reversed (and that Luzerne County will go down in law history right next to a photo of Bryan Kocis).

First, Judge Kaplan dismissed criminal charges against employees of the accounting firm KPMG on the grounds that Prosecutors had “gone to far” in making it difficult for the defendants to retain legal counsel. Federal Judge Kaplan ruled that a defendant in a criminal proceeding can be denied his legal right to counsel when The State goes to far in making it difficult for the defendant to be able to retain legal counsel OF HIS CHOOSING. There is no question that Virgina Beach freezing the assets of Harlow Cuadra and Joseph Kerekes made it next to impossible for Cuadra and Kerekes to “personally” afford the legal counsel of their choice.

Now comes another order from Judge Kaplan in the same KPMG Criminal Case in which the Federal Judge presents the argument that a criminal defendant has to specifically waive his right to conflict free representation in order for the Court to assign or allow an atttorney with a conflict of interest to represent that defendant. In other words, Judge Kaplan is presenting the argument that The Court cannot simply decide that an attorney’s conflict of interest is “not prejudicial” to the defendant, that even if the Court decides that an attorney’s “conflict of interest” is not prejudicial, the Defendant still has VETO POWER to refuse representation by that attorney if The Defendant believes the attorney has a conflict of interest.

Judge Kaplan delayed the trial of three former KPMGers and a one-time Sidley Austin lawyer today after disqualifying a defense lawyer in the case. In an order Thursday, Judge Kaplan DQed Steven Bauer, lead counsel for ex-KPMG senior tax manager John Larson, after several closed hearings on potential conflicts of interest. Opening statements were scheduled to begin Tuesday. (Click here and here for Law Blog Background on the much-diminished case.)

“Mr. Larson declined to waive his right to conflict-free representation,” the judge said. “The court therefore has no choice but to disqualify Mr. Bauer as trial counsel for Mr. Larson.” The judge didn’t rule on whether Bauer’s law firm, Latham & Watkins, also should be disqualified “unless and until Mr. Larson seeks to be represented at trial by someone else at that firm.” WSJ Law Blog

In the case of the Public Defenders for Harlow Cuadra and Joseph Kerekes, TWO attorneys in the Luzerne County Public Defenders’ Office (Jonathan Blum and Al Flora, Jr) previously were attorneys for Bryan Kocis. Based on newspapers reports out of Luzerne County, Al Flora, Jr is STILL the attorney for Bryan Kocis Relatives/Estate.

Inspite of the fact that TWO attorneys in the Public Defenders Office once represented Bryan Kocis, Luzerne County President Judge Mark Ciavarella ruled that one of those attorneys (Jonathan Blum) and Luzerne County’s Public Defenders Office could still represent Harlow Cuadra in a death penalty criminal case. Federal Judge Kaplan’s Order in the KPMG case suggests that INSPITE OF THE DECISION of Luzerne County’s President Judge, that Harlow Cuadra can VETO having one of Bryan Kocis’ former lawyers act as his criminal attorney in a death penalty case by Cuadra NOT WAVING his right to conflict-free representation.

Blum also contends another conflict arises from his and First Assistant Public Defender Al Flora’s past representation of Kocis. Flora was interviewed by police and provided information relative to Kocis’ murder, Blum said in his motion. Because Flora is a potential witness in the case, the public defender’s office should be removed, Blum argued. Citizens Voice

Seriously, at this point, how can anyone even recite the facts of the prosection of Harlow Cuadra and Joseph Kerekes with a straight face? Two of Bryan Kocis’ former lawyers work in the Luzerne County Public Defender’s Office and the Luzerne County Public Defender’s Office is representing Harlow Cuadra and Joseph Kerekes?

“A lawyer cannot attack his former client through cross-examination or argument to the jury” because of his or her “duty of continuing loyalty” to that former client, prosecutors said WSJ Law Blog

Not only was the above argument accepted by A FEDERAL JUDGE, the above argument was made by The United States Attorney’s Office.

The simple fact that Luzerne County continues to characterize Bryan Kocis as an executive pursuing a lawful business PROVES that Luzerne County should DISQUALIFY ITSELF from prosecuting anyone for the Murder of Bryan Kocis and that someone At The Federal Level in Pennsylvania needs to step into this Bryan Kocis Murder Scandal.

Seriously, I can’t fucking believe that The Federal Government would have been party to anything to do with Luzerne County and Bryan Kocis.