Hostile and Tampering

Renee Martin first burst out of the shadows here on the Kocisphere last month, after I successfully exposed her connection to a Fort Worth based blog using IP evidence I had gathered.

What she had to say initially was, IMO, almost too good to be true: She was anti-Harlow and Joe! For some time now...but ***secretly***. Oh, she had helped them initially: a little three way phone call here, a website there...but she had now seen the light, she said. Harlow and Joe were guilty...guilty as sin! 'You were right all along, Jim' she flattered me. And she was now EAGER to play a starring role in the trial to convict them. Woohoo!

And INFO! That commodity we here in the Kocisphere cherish more than oxygen...INFO! She was ready to divulge all to us on these here blogs, she claimed. Could not wait to tell ALL she knew! And she knew plenty, she said. And dangled the promise of info in front of our eyes, like a drug dealer dangling a dime bag in the face of a junkie.

Hmmm. Well, as my momma always told me, if it's too good to be true, it probably isn't. So, needless to say I was a tad suspicious.

Then, within a few hours came the confirmation of my suspicions. This post showed up for approval:

"PRIVATE DO NOT POST.

DO YOU WANT TO HAVE SOME FUN WITH DAMON TODAY?I THINK IT IS TIME TO INTERVIEW DAMON , WHAT DO YOU THINK, I AM SURE BETWEEN THE TWO OF US WE CAN COME UP WITH SOME REALLY GOOD SHIT.

EITHER EMAIL ME AT alex53102@google.com or which ever way you want i think this would be a great one to touch on for the day and give damon some of his own shit back, what do you think?
Publish Reject (Renee) 4:43 PM"

Now, I've known for a while Harlow supporters have dreamed of outing me for some time now. They have said as much. But try as they might, they've always failed (instead, in several amusing instances of poetic justice, it's been the lead outers who got outed...but I digress). So naturally, I recognized this for what it was: a trap to help track down my identity. Without going into excessive techno-detail on the matter, an email from me would have given out info very useful to someone sleuthing for my identity. I knew this.

Even after I reminded everyone that I've opted not to talk behind peoples' backs in private emails and chats, Renee was persistent:

"Are you busy, I have a suprise for damon but need to know if i can get some help from you or dewayne? can you email me at my email or open up a chat and i will tell you what i am up too.

thanks
Publish Reject (Renee) 8:09 AM"

And when the DK angle failed to sway me, she came up with different pretexts:

"Jim you have just a few slight errors email me and we can go over them ok.

alex53102@google.com http://kruezeratnight.blogspot.com/

Private do not post my email or this comment
Publish Reject (Renee) 8:30 PM"

These phishing attempts went on for some time, becoming increasingly strident, but I never took the bait. Eventually and reluctantly, she gave up.

But beyond trying to ferret out identities by pretending to be "one of us," what was she up to, I wondered? Rob, as we all know, was very vocal about her being less-than-honest from the get go...but while undoubtedly true, it still didn't fully explain why. I wanted to know why.

So I decided the best strategy was to play along. Let her talk, indeed, encourage her to talk! That way, we'd find out what her game was soon enough. Eventually, I figured, she would hang herself.

And this week, she hung herself.

Her self-confessed shenanigans in Luzerne County at the aborted hearing are already so well-documented in the comments two posts back for the need to go into much detail here; suffice to say they include blatant acts of tampering against prosecution witnesses, such as maliciously publicizing hotel arrangements, the lodging of frivolous complaints, and even one stalker-like incident of her shadowing three witnesses across the square to a public bookstore.

Add to that her accusation that DA Melnick manipulatively lied in a recent court filing ("...some people take things and manipulate them to what they want them to be, mr. melnick did this..."), combined with her continual efforts to destroy the credibility of key prosecution witnesses by insinuating they may be responsible for the death of Bryan Kocis (this behavior is even more egregious, when you consider that the DA has made the fact that the parties involved are NOT responsible for the death of Bryan Kocis a key element of the Commonwealth's case), and it becomes abundantly clear Renee Martin is NOT the loyal, pro-prosecution witness she now claims to be.

Taking all this together...the efforts to crack the identities of Harlow critics, the witness tampering, the public sabotaging of the prosecution's case...it seems apparent to me she was, AND still is, actively working to free Harlow and Joe. Now covertly and insidiously from the inside, rather than overtly from the outside.

And there you have it: The "why" wondered about. That folks, is her game.

And the DA knows this, naturally. That's why she was placed under bond, and remains under bond, as a witness hostile to the prosecution. I'm sure the DA's office would happily verify this to a reporter, if asked, were it not for the gag order they are currently under.

Besides the witness bond, the other reason she's been "cooperating" to such a minimal extent thus far (i.e., this hearing, production of documents) has been subpoenas, the threats of subpoenas, and the still more dire threat of prosecution for her role in the illegal three-way phone calls between herself, Harlow and Joe. Such phone calls could easily be considered crimes; obstruction of justice and conspiracy to commit perjury come readily to mind. Obviously, when Melnick told the media after Harlow and Joe were caught that he would not rule out any additional arrests in this case...he clearly had Renee Martin in his thoughts.

Now, I use the term "witness" to describe Renee Martin very loosely, because as I've said before, I doubt she'll be doing much real witnessing. By all indications (indeed, by Renee's own admission) her only function on the stand will be to authenticate the transcripts of her prison phone calls with Harlow and Joe. Like a trained seal, she'll bark "yup!" when asked if the transcripts are true and authentic, and then be excused from the stand.

Theoretically, the defense could call her back to the stand as a friendly witness, but this seems to me tactically unwise; she's such a loose cannon and a hothead that it won't take much skill in cross-examination by the prosecution to cause her to come unglued, and quickly turn her into a quivering Queeg-like pile of apoplectic goo; for example:

"Madame said...
Please convey this message to the pedophile dewayne, Sean does not now or ever want your nasty ass, he will never want you, he has no use for you but to support his cause and he will throw you away when he is done with you and next thing to tell him is his threats on his blog go to the da in the morning and I will be filing charges against him, as you all say kentie is quilty of cyber stalking , lying and harassing people so is dewayne if kentie can go to jail so can you dewayne you are not by any means above the law. You shall find out that criminal charges have been filed against you and i will even be glad to give you the case number.

And as for all of your false accusations , you better have proof buddy cause the paper work is headed your way, do you know what a lawyer is? you will definaltey need it for defamation of character and all the other lies you put on your blog, caught on snapshot and printed and copy and pasted for saving ... As others cannot do you cannot defame someone , I did at no time defame sean , i have it in writing, what the fuck do you have you old worthless peice of shit, chasing after a 21 year old that wants nothing to do with you. Pass this on to the DA in the morning , that i personally am filing charges against you, i will also be filing a federal complaint here locally with the fbi agent that came to my home , maybe you should give him a call tomorrow he is listed on the witness list of 385 and have a talk with him after i file the complaint against your sick , worthless, pedophile ass.

Dont knock kentie or ng when you are the same thing as them and you cover it up by claiming to be a blogger.... ya right, big bullshit, and guess what i did not stay off your fucking blog either......... So leave the kiddies alone you old perv ."

So, I think it's fair to say Stan the Merman will have more lines in Another Gay Sequel than Renee will have at the Kocis trial.

Of course, that last quote brings me to my final point, and indeed, a sad one. For I fully realize what shall happen now; like Dewayne, I too shall be "reported" to the DA. And to the local FBI too! And will be sued for defamation and gawd knows what else as well, I imagine. I suppose I can expect this veritable hoard of lawmen and lawyers to show up my doorstop any day now, I am mortified to say.

For those of you at home keeping score, this should make me the third target of the Renee Martin Police Force. Dewayne was actually the second; the first was of course PC, in a memorable little incident just under a year ago today:

"Chat on 07/25/07:

me: Elm, we're getting ready to break the 'blessed' news... I'll explain more after the post.
9:12 PM eloise: whaT BLESSED NEWS?
me: as Reene calls it.
eloise: CALLS IT WHAT
9:13 PM me: You'll see... give me a bit... was just giving you a head's up as a friend.
eloise: OK9:17 PM me: I'll let you know when it's posted.
9:18 PM BTW... if there's anything I can help with in regards to the ** stuff... let me know.
9:19 PM eloise: pc you better watch what you post because you will be sued
me: I don't think so.
eloise: so you need to tell me what it is
me: You'll see.
9:21 PM eloise: PC I am serious about this you better watch what you post because attorneys are being called right now
me: That's okay... an attorney told me this.
9:22 PM eloise: then the attorney could be disbarred and you will be servewdf by 5PM tommorow
me: Elm, there's no reason to be like that... you don't even know what I'm going to post.
9:23 PM eloise: pc I am serious Iam not saying this the party involved is me: Well we'll go from there...
9:24 PM eloise: so you will be sued because privledged information can get you slapped with crimnal charges tommorow
9:25 PM me: Again... you don't even know what I'm going to say... no reason to assume.
9:26 PM eloise: PC you need to tell me and I will not post it but I am trying to save your ass
9:27 PM me: hold on...
9:30 PM eloise: pc you will be arreseted and and the attorney who told you will be disbarred
eloise: I'm on the pjhone with renee
me: With all due respect, I can't be arrested, trust me.
9:31 PM eloise: pc she is on the phne with an attorney as we speak
9:32 PM she is not playing and she will have you arrested
me: Elm, she can't... there's no reason to even make that statement.
eloise: you will be arrested I am trying to protect you
9:33 PM then you better post it before the cops get there she is already pissed at you so wy push it
9:34 PM me: Elm, I'm sorry I brought up the conversation.
eloise: don't be sorry just be smart
9:35 PM if you got any information from *** he will get arrested to
me: I think you know better than that.
9:38 PM eloise: pc they know who you are
9:39 PM me: I don't care... I know who 'they' are too.
9:41 PM eloise: PC you really don't understand this this is big and you be busted
]9:42 PM they are coming to get you and I am not lying
me: Elm, we've chatted a lot, and I've always considered you as a friend. These threats of being 'busted' are unfounded... I've already spoken with an attorney, and I'm not breaking the law in the least. Again... you don't even know what's going to be said... why the attitude?
9:43 PM eloise: if you got proivledge infrmation form an attorney that attorney will be disbarred. me: Let's go ahead and just end this conversation.
9:44 PM eloise: pc just tell me and we can end all of this
9:45 PM PC I realy don't give a rats ass what it is and i will not try nd scoop you9:46 PM there are allot of people who are really pissed right now and you will be loocked up
9:47 PM are you there
9:51 PM pc are you there
9:55 PM pc are you there
9:56 PM me: Yes Elm, I'm still here... please don't threaten me with legal recourse, because there isn't any... have Ree's attorney's state what law I've broken.
9:57 PM eloise: renee's attorney will be on the phone in a minute
9:58 PM this can not be released until a judge signs of on the deal
9:59 PM this is serious did you talk t one of oe and harlows attorney
me: Again Elm, you seem to assume what I know... even though I never told you.
10:00 PM eloise: then tell me and we can put an end to this
me: It's posted.
eloise: I promise I wont pst it you can if it is not what I think it is

10:01 PM you fucked up big time..."

Yep, it looks grim for me, folks. Clearly I have just "fucked up big time."

Ah, sigh. Well, there is a silver lining to these dark, looming storm clouds! As luck would have it...I am currently still waiting (and waiting...and waiting...) for my "lawyer letter" from Kent Barclay. And since I am still anxiously waiting for that anyways...I won't need to take any additional time out of my busy schedule nervously looking out my window for the Renee Martin Police Force to show up. I can conveniently kill two birds with one stone. Which, is comforting!

Update: From the pre-arrest Crab Catcher Transcripts:

GRANT ROY: I guess if they want to know what's going on, all they gotta do is read the blog, they can see what's going on in our lives.



JOSEPH KEREKES: Yea, yea.





HARLOW CUADRA: Our one neighbor, that's, that's ah, what she was doing I forgot what her posting name is...



JOSEPH KEREKES: ... she was posting in one of the blogs, our neighbor down... she was a big supporter of Harlow. She never talked to us before all this...

Are Harlow and Joe talking about Renee? It sure seems like they are...and this would be at odds with the background story Renee fed us earlier, that she did not join the Harlow crusade until after the arrest.

Sean, Grant and Robert Wagner ALL Officially Cleared

*****BREAKING NEWS*****



This from a court filing just posted by PC. It's from DA Melnick's Answer to Harlow Omnibus Pre-Trial Motion.

And it's language is clear, unmistakable, and unequivocal: In the view of the Commonwealth of Pennsylvania, accusations against Sean Lockhart, Grant Roy and Robert Wagner for the death of Bryan Kocis are FALSE. Thus, Sean, Grant and Robert are all now officially IN THE CLEAR as to this murder:



"The Defendants have also falsely suggested that [Robert Wagner, Grant Roy, and Sean Lockhart] were responsible for Bryan Kocis' death." -- DA Melnick

Update: The word seems to be spreading. The Sword runs an article on Brent and his mermanic role in the upcoming movie "Another Gay Sequel." The opening sentence: "Our favorite one-time murder suspect Brent Corrigan revealed a new persona..." (italics mine)

Brent's Take On The Hearing

Or rather, non-hearing. This an excerpt from his blog post from yesterday:

"...And then, lets not forget the Bryan Kocis murder case. Grant and I have navigated a living nightmare for more than a year now, doing everything we can to show the authorities and (indirectly) his family that we want to do what is right. Forget any press is good press. When the world and your industry insists on implicating you as a murder suspect, nothing good can come of that. Grant and I put everything on the line to voluntarily take part in a two day wire tap that ultimately provided the Pennsylvania authorities with evidence that will make their case against the murder suspects.

Sunday, July 6th Grant and I voluntarily traveled to Wilkes-Barre, Pennsylvania to sit on the stand and declare we consented to the wire tap. Along with more than 10 other witnesses, we sat delayed for two days while the attorneys of the accused fumbled their way through the proceedings that ultimately rescheduled these pertinent pretrial hearings. Grant and I basically wasted 3 days in PA and then lost another to traveling cross-country. We endured a tampering and hostile witness (Madam) that went as far as to declare to the online world which hotel we were being discreetly and safely tucked away at. To top it all off, while waiting outside the court room Grant and I experienced harassment and name calling and hostility from the family of the deceased.

We had to hide from the media who had cameras trained on the holding rooms the authorities put us in (they moved us to a safer location to prevent from any more harrassment). I couldn’t even leave to use the restroom without them sticking cameras in my face. At one point, I was so frustrated with not even being allowed the luxury of relieving my bladder in peace that I flipped the cameras off. I forgot to explain to them that in my world that can be considered a gesture of endearment. Oops! I never watched to news to see if they aired it.

Thankfully Grant and I have each other. This murder case has strained our relationship exponentially to the point where what we once had together hardly even exists anymore. I love him. He’s the most important person in my life. We’re a team. We only have each other. Our relationship is truly one of a kind. Very sadly, things have been so strained that we cannot carry on a traditional relationship. There was a time where who we were to each other and how we felt about each other could be clearly defined. However, after navigating this case, building two companies from scratch, being screwed around and fucked over royally by Lee Bergeron- we aren’t what we used to be. We have both grown and become very different people, but our love and the fact that we only have each other has somehow managed to thrive and maintain itself. We will always be together in one way or another. My one wish is that Grant and I can work through things better so that some of this unwarranted stress and tension might relieve me...."

...

"...I’m not sad or depressed. I’m completely overwhelmed. The pretrial hit me hard and all of the momentum I had recovered before flying out to Pennsylvania has dissipated. I’m trying to figure out where to go from here. My self esteem appears to be suffering. I’m deflated and tired. As pathetic as it sounds . . . I haven’t had the energy or the time to work out in almost two months. That fact alone has ruined my sense of confidence (and probably severely affected my bodily chemistry). I had a respiratory infection that plagued me for two months. It has taken me this long to figure out it’s probably just really bad allergies I’ve developed as a result of growing older in a region I’m not originally from.

Why am I listing all this? Therapy I guess. Maybe I’m just trying to sort it all out through my fingertips. Some of my distance here may be a result of the fact that I have not felt like I could continue to be as honest about my life as I have in the past.

I wish I could find the energy and organization to move forward with everything that I should be using to springboard me into to what I’ve always wanted. The trouble now, it seems, is that I feel so deflated that I’m not so convinced I want all of what I was so originally determined to have."

Plus these comments added by Grant:

I LOVE YOU BABE! …and no matter what, “Just Keep on Truckin!”

>Grant

...

Comment by Grant — On July 11th, 2008 at 5:12 pm

and

Of course Woody, I was there! Lol… No Seriously, we were always no more than a phone call away from Pennsylvania’s finest, including senior detectives with the Luzerne County District Attorneys Office, Pennsylvania State Police and Dallas Township.

The Common Wealth of Pennsylvania have always been most professional, gracious and accommodating!

Comment by Grant — On July 11th, 2008 at 7:27 pm

Update: Renee responds with her own witness room recollections in these here comments. The Reader's Digest version (thus far):

1. Sean alledgedly made a heterophobic comment about women (?!) during a meeting of hearing witnesses, and was upset when told "you should try one before you knock it." Renee reported the alledged incident to the DAs;

2. Sean alledgedly complained of cold pizza;

3. Sean alledgedly said he was cold in the courthouse, and needed a sweater;

4. In Renee's view, Sean played to the cameras rather than avoided them; and

5. Grant and Sean were alledgedly seen "hanging out with" with fellow witness Andrew Shunk (aka Mason Banks, former Boybatter model and potential Confidential Informant #1) in a bookstore on the public square; Renee also felt compelled to report this alledged gathering of three people within earshot of each other to the DAs.

Update 2: Blogger NG weighs in, in back to back posts on his own blog. One amusing observation: "As of this post, out of 172 comments made on SOTC, more than half are from Renee."

Olszewski Rips Defense Attorneys A New One

Hmmm, I guess it should be plural in the title above ("New Ones") but sadly, it does sound right written that way...

Anyways, PC is on the road right now, so here is the latest from today's Times Leader:

Posted: July 10
Updated: Today at 6:33 AM
Judge rebukes defense attorneys
EDWARD LEWIS elewis@timesleader.com

WILKES-BARRE – Time and money could have been saved if a potential conflict of interest among attorneys in the Bryan Kocis murder case had been revealed sooner, a county judge said on Wednesday.

Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. said he was disappointed he wasn’t informed weeks ago about the conflict among court-appointed attorneys in the capital murder case against Harlow Cuadra and Joseph Kerekes.

The fact that lawyers from the same law firm were appointed to defend Cuadra and Kerekes wasn’t raised until midway through Tuesday’s hearing on a pre-trial motion. Attorney Mark Bufalino, who is representing Kerekes, and Paul Galante, Cuadra’s attorney, told Olszewski there was a possible conflict because they work for the same law firm.

At that point, Olszewski suspended Tuesday’s proceeding to allow the attorneys to research the ethics and ramifications of the situation.

When the hearing resumed Wednesday morning, Bufalino and Galante requested to withdraw from the case.

Olszewski granted their request, but not before he scolded the attorneys.

Olszewski said Bufalino and prosecutors discussed the situation in June, but failed to inform him.

“Those issues and that conversation, for whatever reason, were not brought to the attention of this court,” Olszewski said. “This could have been resolved in June. I’m disappointed that did not happen.”

Twelve witnesses were flown in from various parts of the country and lodged at a local hotel at the expense of the district attorney’s office for the pre-trial hearing on Tuesday, according to Assistant District Attorney Michael Melnick.

After Wednesday’s proceedings, Bufalino and Galante refused to comment, citing a gag order imposed by Olszewski. The order prohibits them from publicly discussing the case.

Olszewski said he will appoint two more lawyers – one to assist Kerekes’ remaining attorneys, Shelley Centini and John Pike, and one to work with Steven Menn and Michael Senape, Cuadra’s attorneys. Bufalino and Galante were considered the lead attorneys for their clients.

Prosecutors are seeking the death penalty for Cuadra, 26, and Kerekes, 34, in the January 2007 slaying of 44-year-old Kocis of Dallas Township. Police said they killed Kocis, their rival in the gay porn industry, then set his Midland Drive home on fire.

Investigators allege the two Virginia Beach., Va., men wanted to work with Sean Lockhart, a contract model for Kocis’ company, Cobra Video, according to arrest and court records.

After Bufalino and Galante were officially removed from the case on Wednesday, Olszewski permitted the remaining attorneys to discuss with their clients whether they wanted to proceed with the pre-trial hearing.

When the hearing resumed Wednesday afternoon, Menn and Centini each asked to postpone the hearing. Centini said she needs time to review hundreds of records that prosecutors filed in court on Thursday and Monday. Most involve recorded telephone conversations in which Cuadra, Kerekes and Renee Martin discussed making up an alibi defense.

Martin, named a material witness for the prosecution, allegedly managed the Cuadra/Kerekes male escort business and gay Web sites in Virginia Beach after the two were arrested in May 2007. She set up three-way phone calls that allowed Kerekes and Cuadra to talk while they were in prison.

Olszewski suspended the pre-trial hearing to allow the attorneys to prepare their defense following the withdrawal by Bufalino and Galante. It will continue within the next three weeks, Olszewski said.

Olszewski said he wants the trial to begin with jury selection on Sept. 2.

“It is my intention on keeping that date,” the judge said.

Olszewski said he’ll rule at a later date on defense motions to move the trial out of Luzerne County or to have an outside jury brought in because of pre-trial publicity. He is expected to decide whether to have a joint trial or separate the trials of Cuadra and Kerekes.

And this updated story from the Citizen's Voice:

Cuadra, Kerekes attorneys removed from Kocis case
BY MICHAEL R. SISAK
STAFF WRITER
07/10/2008

WILKES-BARRE — A pre-trial hearing in the capital murder case against Harlow Cuadra and Joseph Kerekes was halted Wednesday after Luzerne County Judge Peter Paul Olszewski Jr. allowed two court-appointed defense attorneys to depart following their disclosure of a potential conflict of interest.

Olszewski postponed the hearing for at least three weeks, hours after ruling that Mark Bufalino, who represented Kerekes, and Paul Galante, who represented Cuadra, could no longer serve on the case because the two attorneys work for the same law firm — the Wilkes-Barre office of Elliott Greenleaf.

Late Wednesday, Cuadra’s remaining attorneys, Stephen Menn and Michael Senape, filed a motion to suspend all pre-trial proceedings in Luzerne County Court until the state Superior Court determines whether it will accept a petition requesting a review of Olzsewski’s March 19 order barring Cuadra from retaining defense attorney Demetrius Fannick.

Fannick, who has successfully defended accused murderers Hugo Selenski and Byron Vinson, met with Kerekes at least eight times at the Luzerne County Correctional Facility prior to being hired by Cuadra, which prosecutors argued created a potential conflict in the case. Only fees were discussed, Kerekes said.

Bufalino and Galante revealed their conflict in a private meeting with Olszewski, prosecutors and the other defense attorneys on the case on Tuesday, midway through the first day of the pre-trial hearing.

The attorneys met with Olszewski again Wednesday morning and participated in a conference call with Robert H. Davis, a legal ethics expert who is employed as a consultant by the Luzerne County district attorney’s office.

Davis said on the conference call that if Bufalino and Galante continued on the case, the attorneys’ professional relationship would raise questions about their loyalty and the confidentiality of dealings with their respective clients.

“I concur that there is a conflict of interest,” Olszewski said. “I believe that the most appropriate remedy is to grant the motions for removal of Mr. Bufalino and Mr. Galante.”

Bufalino, Shelley Centini and John Pike were appointed last October to represent Kerekes. Galante, Menn and Senape were assigned in January to represent Cuadra. They are all members of the county’s conflict counsel pool, a separate group of publicly funded attorneys assigned to cases when a defendant is unable to retain a private attorney and a public defender cannot be used because of a conflict of interest.

Attorneys in the case, including Bufalino and Galante, are under a court-imposed gag order and are not permitted to publicly comment on any developments.

Cuadra, 26, and Kerekes, 34, both of Virginia Beach, Va., are accused of killing Bryan Kocis, 46, the owner of a company they produced gay pornographic films, in Dallas Township in January 2007.

They are accused of slashing Kocis’ neck to the point of near decapitation, stabbing his torso nearly 30 times and later setting fire to his Midland Drive home.

They face the death penalty and are scheduled to stand trial together beginning Sept. 2.

By removing himself from the case, Bufalino said he was ensuring that Kerekes’ “ability to receive a fair trial is not remotely jeopardized.”

Bufalino assured Olszewski that the law firm relationship between himself and Galante, as well as the sharing of office space with Menn, had not created a conflict in the past.

msisak@citizensvoice.com, 570-821-2061

Note that the remaining attorneys are now pushing for a further delay, to wait (and wait) and see if they can get Fannick back.

Update: Yep, it's officially a "debacle." The TL runs a follow up story, mentioning the possibility of further delay: "The lawyer debacle involving the capital murder case against Harlow Cuadra is far from over..."

Update 2: PC reports the defense motion for a delay re: Fannick appeal is denied.

Bufalino and Galante Removed; Hearing Postponed

From the Times Leader:

11:28 AM
Lawyers removed from Cuadra, Kerekes case
Edward Lewis
elewis@timesleader.com

WILKES-BARRE - Two defense attorneys involved in the capital murder trial against Joseph Kerekes and Harlow Cuadra
were removed from the trial citing a conflict of interest.

Attorney Mark Bufalino, one of three lawyers representing Kerekes, and Attorney Paul Galante, one of three lawyers representing Cuadra, are employed privately by the same law firm.

Bufalino and Galante separately submitted requests to withdraw from their roles in the case.

Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. granted their request.

"I concur that there is a conflict," Olszewski said.

The conflict issue was raised during a pre-trial hearing on Tuesday afternoon.

Olszewski suspended Tuesday's hearing to allow the attorneys and prosecutors to research the ethics and legal
ramifications of the conflict.

Attorneys met with Olszewski Wednesday morning, and held a phone conference with ethics lawyer Robert Davis.

Luzerne County Assistant District Attorney Michael Melnick explained Davis stated there would be a conflict regarding loyalty and confidentiality to their clients.

Olszewski said he is "disappointed" that the conflict issue wasn't brought to his attention in June, when Bufalino and Melnick spoke about the potential problem.

Olszewski suspended the hearing to allow the remaining lawyers, John Pike and Shelley Centini, to meet with Kerekes, and Steven Menn and Michael Senape, to meet with Cuadra.

Melnick said he expects to call three witnesses to testify. Olszewski will make a ruling later today if the hearing will continue or reschedule the pre-trial hearing at a later date.

Check back for details as they become available.

Update: The Citizen's Voice version of events. Apparantly, Bufalino told Melnick about the conflict in June. Hmmm, WHEN in June? June 1? June 30? Did they know about this for only one week, or five?

Update 2: Via PC, the hearing has been delayed for three weeks, while two new replacement lawyers are sought. No witnesses were called.Times Leader and Citizen's Voice confirms.

According to the Times Leader:

Melnick said 12 witnesses were flown in from across the country for the pre-trial hearing.

The district attorney's office is footing the bill for airfare, lodging and meal expenses for the witnesses.

The CV adds:

Despite the delay Olszewski said he wants to maintain the Sept. 2 trial start date.

A Lot of Lawyers

Edward Lewis at the Times Leader recounts the Harlow and Joe lawyers, down through the ages...

July 9
13 lawyers have worked to represent Cuadra, Kerekes
EDWARD LEWIS elewis@timesleader.com

Thirteen lawyers have represented homicide suspects Harlow Cuadra and Joseph Kerekes since the two Virginia men were classified by investigators as persons of interest in the killing of Bryan Kocis of Dallas Township:

A 14th attorney was disqualified by a Luzerne County judge.

Barry Taylor: represented Cuadra, 26, and Kerekes, 34, in their Virginia Beach male escort service and gay pornographic Web site businesses. Taylor attempted to have a search warrant for their Virginia Beach home unsealed.

Graydon Brewer: Hired by Cuadra and Kerekes after authorities in Pennsylvania and Virginia searched their home.

Taylor and Brewer continued to represent Cuadra and Kerekes until they were extradited to Pennsylvania on July 15, 2007, to face criminal homicide charges.

James Brice: Handled the extradition from Virginia.

Joseph Nocito and Frank Nocito: Retained by Kerekes.

William Ruzzo and Thomas Cometa: Retained by Cuadra.

Mark Bufalino, John Pike, Shelley Centini: Court-appointed to represent Kerekes after the Nocitos withdrew from the case.

Steven Menn, Paul Galante and Michael Senape: Court-appointed to represent Cuadra after a judge granted a prosecutor’s request to disqualify Ruzzo and Cometa from representing Cuadra claiming a conflict of interest within the Luzerne County Public Defender’s Office, according to court records. Ruzzo and Cometa, who were retained by Cuadra, are also lawyers in the Public Defender’s Office.

Demetrius Fannick: Met with Kerekes several times at the Luzerne County Correctional Facility. Fannick was retained by Cuadra earlier this year, but then removed from the case by a county judge.

Bufalino/Galante Conflict Existed Since May 2008

This is an old press release from the Elliot Greenleaf website. It's interesting that they both joined the firm more or less simultaneously:



Note this was well after both were appointed to the Kocis case, well before today's hearing...and well after Galante and Bufalino knew Galante would NOT be replaced by Demetrius Fannick (March 19, 2008).

Here's their bios:

Oh Joy, Oh Rapture! Another Attorney Conflict!

And, that looks like a wrap on today's festivities:

Breaking News: Cuadra, Kerekes hearing ends abruptly after possible conflict emerges

1:25 p.m.
By: Michael Sisak 07/08/2008

WILKES-BARRE - A pre-trial hearing in the capital murder case against Harlow Cuadra and Joseph Kerekes ended abruptly Tuesday after a court-appointed attorney for Kerekes disclosed a conflict of interest involving himself and an attorney for Cuadra.

Kerekes attorney Mark Bufalino said he is a partner in the same law firm as Cuadra attorney Paul Galante.

The partnership could create a conflict if Kerekes' defense differs from Cuadra's, or if one defendant implicates the other, Bufalino said.

Judge Peter Paul Olszewski Jr. ordered the hearing continued until Wednesday at 8 a.m., to allow the attorneys time to research the ethical and legal rammifactions of the conflict.

Now we await PC to down a couple beers, and then give us his eyewitness account...

Update: The Times Leader's story, essentially the same:

2:40 PM
Attorneys conflict in representing Cuadra, Kerekes
Edward Lewis elewis@timesleader.com

WILKES-BARRE - A pre-trial hearing in the capital murder case against Harlow Cuadra and Joseph Kerekes came to a surprising end today when defense lawyers told the judge that there may be a conflict in representing their clients.

Attorney Mark Bufalino, one of three lawyers representing Kerekes, informed Judge Peter Paul Olszewski Jr. that he works in the same law firm as Attorney Paul Galante, who is one of three lawyers representing Cuadra.

Prosecutors are seeking the death penalty for the two Virginia Beach, Va., men who are charged with the slaying of gay porn producer Bryan Kocis in Dallas Township nearly 18 months ago.

Olszewski said he was notified about the potential conflict at about 1:15 p.m., when prosecutors and defense attorneys returned to the courtroom to resume the hearing after lunch.

Up until that time, prosecutors and defense attorneys were arguing about which evidence can be used at trial. Defense lawyers requested seperate trials for Cuadra and Kerekes, claiming that cross-examination of prosecution witnesses may implicate one another in the murder.

Prosecutors were ready to begin presenting witnesses in the afternoon when the hearing abruptly ended for the day. Olszewski ordered the defense lawyers to get advice from the Pennsylvania Bar Association or an ethics lawyer.

For the complete story, read The Times Leader on Wednesday.

Update 2: An interesting report by Renee (comment in the previous thread):

Here Jim how about this Harlow call me yesterday morning and says my attorneys are prepared they are gonna do whatever they have to due to put this hearing and the trial off, and what happens today this bullshit with the attorneys having a conflict this was a damn scam if i have ever saw one, lets get to testifying and get this shit over with.....

A Rift? Or Plan B From Outer Space?

A new update from the Citizen's Voice, on the seperate trials issue:

Breaking News: Attorneys: Cuadra, Kerekes rift could jeopardize joint murder trial

1:25 p.m.
By: Michael Sisak 07/08/2008

WILKES-BARRE - A rift between accused killers Harlow Cuadra and Joseph Kerekes, the former lovers and business partners accused of killing Bryan Kocis in Dallas Township in January 2007, could jeopardize their defense at trial, attorneys for both defendants said in Luzerne County Court on Tuesday.

Cuadra, 26, and Kerekes, 34, both of Virginia Beach, Va., are accused of slashing Kocis' neck and stabbing his torso nearly 30 times and later setting fire to his Midland Drive home.

Cuadra and Kerekes face the death penalty and are scheduled to stand trial together before Court of Common Pleas Judge Peter Paul Olszewski Jr. beginning Sept. 2.

The attorneys argued that Cuadra and Kerekes should be tried separately and said that defense strategies employed by Kerekes could damage Cuadra's case and vice versa.

Shelley Centini, an attorney for Kerekes, said Cuadra had been linked to the crime at every turn.

Centini said Cuadra ordered an online background check of Kocis days before the murder; sent e-mail messages and photographs to Kocis; telephone calls to him on a cell phone purchased and used only to call Kocis; and rented a vehicle that was seen by witnesses in Kocis' driveway around the time of the killing.

"All of those key points have the potential to prejudice Mr. Kerekes at trial," Centini said.

Olszewski addressed the rift between the defendants.

"Is there any hostility between your client and Mr. Cuadra?" Olszewski asked Centini.

"I imagine there is," Centini said.

Paul Galante, an attorney for Cuadra, concurred.

"In speaking to Mr. Cuadra, there is some hostility toward Mr. Kerekes," Galante said. "At this point I don't know how there couldn't be."

Evidence previously put on the record by prosecutors, including transcripts of telephone calls recorded while Cuadra and Kerekes were incarcerated at the Virginia Beach Correctional Facility, show a conspiracy to follow the same defense, a storyline referred to as "Plan B," Luzerne County Assistant District Attorney Michael Melnick said.

Melnick argued against separate trials.

"We know that Mr. Harlow Cuadra has signed onto Mr. Kerekes' Plan B," Melnick said. "Are they on a collision course? No, absolutely not. They're on the same train. The Plan B Express."

Earlier in the hearing, Olszewski said he would reserve judgment on a defense motion to move the trial to a separate venue, but admonished prosecutors for releasing evidence and transcripts that include vivid detail about the case that could potentially prejudice the Luzerne County jury pool.

Update: Observation from PC's blog; apparantly, Fred Kerekes did not get the memo on this so-called "rift."

8:33 AM: Fred Kerekes enters the courtroom and sits one bench in front of me, on Harlow's side. He's wearing a hat that says Jesus on the front with Harlow's name on the left side, and Joseph's name on the right.

Update 2: Renee's take on the "rift" (from comment to the following post):

Dewayne dont count on that one, that is a lie presented to the court, i know i listen to them on the phone, there is no splitsville that is bullshit.

An Early Report

This via the Times Leader:

11:32 AM
Luzerne County trial and jury still undecided in Cuadra, Kerekes
Edward Lewis elewis@timesleader.com

WILKES-BARRE - A Luzerne County judge scolded prosecutors for filing investigative reports in the case against two men charged with the slaying of a gay pornographic movie producer.

Judge Peter Paul Olszewski Jr. said the investigative reports which are public could impact the right to a fair trial for Harlow Cuadra and Joseph Kerekes.

"I take that act as to endanger their right to a fair trial," Olszewski told prosecutors, adding that he's never seen or heard investigative reports being made public before trial. "You have taken a positive step to create a problem."

Olszewski made the statement after Kerekes' lawyers, Mark Bufalino, Shelley Centini and John Pike, requested to move the trial to another county or bring in a jury from another county. The lawyers claimed publicity and news stories about the case will make it difficult to seat an impartial and objective jury.

Olszewski said he'll make a ruling at a later date.

Cuadra, 26, and Kerekes, 34, both from Virginia Beach, are charged in the slaying of Bryan Kocis, 44, at his Dallas Township home in January 2007.

Prosecutors allege in arrest records they killed Kocis, whom they considered their rival in the gay porn industry.

Prosecutors and attorneys for Cuadra and Kerekes are debating issues to determine what evidence can be used at trial, set to begin with jury selection on Sept. 2.

Olszewski has already ruled that prosecutors can use several photographs of Kocis' body.

Check back later as the pre-trial hearing continues...

I am sure PC will fill us in on more details concering the "scolding" very soon...

Update: A little indication of how "tainted" the Luzerne County jury pool is getting with all this media attention: Harlow and Joe stories and editorials have been running in the Times Leader all week, in the run up to today's hearing. And once again...no H&J story managed to crack the Top 8, in either Most Viewed or in Most Emailed:



The sad demise of a police dog in Kingston is getting more attention from the locals than the Harlow and Joe trial.

Twenty-Percent

We have more motive elaboration this morning, from today's Citizen's Voice (via PC's blog). It's like I've been saying all along: this was a "gay porn turf war" brought about by the Cobra settlement agreement...an agreement that blocked Harlow and Joe from partnering with Brent in the way both parties would have wanted.

In addition to the "scene stealing" provision I've mentioned before, another problem the settlement agreement posed to Harlow and Joe's dream partnership with Brent was the clause dealing with trademark licensure.

According to the CV:

Cuadra and Kocis had wanted to recruit actor Sean Lockhart, who appeared under the stage name “Brent Corrigan,” but Lockhart was under contract to work only for Kocis.

Cuadra and Kerekes met with Lockhart and his business partner Grant Roy at the Gay AVN Awards in Las Vegas, the gay pornography equivalent of the Academy Awards, in early January 2007, prosecutors said.

At the time, Lockhart was engaged in a patent lawsuit over the use of the Corrigan stage name. A proposed settlement would have allowed Lockhart to star in movies not involving Cobra Video, in exchange for a payment of 20 percent of the proceeds to Cobra. Cuadra and Kerekes did not want to pay any money to Cobra, prosecutors said.

The Times Leader gives additional details about how, at the April 27 taped San Diego meeting, Harlow and Joe were trying to devise ways around this problem (which thanks to the murder, now involved the estate of Bryan Kocis rather than Bryan himself...clearly, H&J had not thought this murder through very well):

According to the transcript of the conversation at the restaurant, Kerekes was pushing Roy into allowing Lockhart to work with Cuadra in several pornographic movies. Kerekes discussed ways to pay Roy and Lockhart royalty fees under the table to avoid paying Kocis’ estate.

Had this been a partnership paying full royalties (like H&J wanted), this 20% fee would have had to be paid by everyone involved, including affiliated sites like Boybatter. Here is the relevant provision from the MOU (which, I should add, was NOT the final settlement agreement...but was very probably very close to it):



By the way, this is Silence of the Chinchilla's 100th post...woohoo!

Gossip Girl (Alledgedly!)

LOL, another great pre-hearing tidbit for you all; the latest take on the Kocis murder case from The Sword:

Sordid Lives Sorted
Alleged Kocis Murderer Joseph Kerekes Turns Out To Be A Real Gossip, Girl!

Joseph Kerekes is not making his lawyers' job any easier. First he and partner Harlow Cuadra (allegedly!) murder Cobra Video kingpin Bryan Kocis in one of the sloppiest crimes of the century leaving a trail of credit card bills, receipts and car-rental records all pointing to their guilt...

Read the whole thing. :-)

Reporter Edward Lewis Speaks Out on the Kocis Case

Well, I stand corrected from my previous post; there is one bit of interesting pre-hearing news to blog about here!

Edward Lewis, the reporter who has been covering the Kocis case for the local Times Leader has written an editorial today, entitled "Reporting Gay Porn Murder an Education."

EDWARD LEWIS

5:56 AM
EDWARD LEWIS OPINION: Reporting gay porn murder an education

LUZERNE COUNTY sure has its share of high-profile and dramatic murder trials in recent memory. There were other notable cases that ended in plea deals which avoided a trial altogether.

But there is one case awaiting trial that is unique in many ways.

Harlow Cuadra, 26, and Joseph Kerekes, 34, stand accused in the January 2007 slaying of Bryan Kocis in Dallas Township. Kocis’ home on Midland Drive was set on fire to cover up the fact that the 44-year-old was stabbed more than 30 times, investigators believe.

Arrest records indicate Cuadra and Kerekes -- both from Virginia Beach, Va. -- killed Kocis, whom they believe was their main rival in the adult gay movie business.

The alleged motive and circumstances of the death came out as investigators learned more about the murder. Arrest records indicate that Cuadra and Kerekes wanted to start a business venture with Sean Lockhart, a model/actor in San Diego, Calif.

There was a problem.

Kocis and his company, Cobra Video, had exclusive trademark rights to Lockhart and Lockhart’s stage name, Brent Corrigan.

The contract prevented Lockhart from working with Cuadra and Kerekes.

I’ve been a reporter for nearly 10 years, mostly covering crime and courts.

But reporting about this case was certainly different than all the other murder cases that I’ve covered.

Before investigators learned about the motive, they released a picture of a partially nude male known only as “Drake,” who had a scheduled meeting with Kocis the night he was killed.

When the Drake picture was published, my voice mail and e-mail were inundated with tips from those involved in adult pornography.

The Virginia Beach connection
One of the callers, a person from Virginia Beach, told me to check out a few adult Web sites and a Myspace page.

After signing up to get my own Myspace account, I followed this person’s advice and found Cuadra’s Myspace page. His picture strongly resembled the Drake picture.

Cuadra and I made contact through e-mail that eventually led to several telephone interviews.

Cuadra denied any involvement in the murder. Investigators say otherwise.

When the criminal complaint was filed on May 15, 2007, investigators placed Cuadra and Kerekes at Kocis’ home on Jan. 24, 2007, by tracing their e-mails and cell phone signals.

E-mails were also traced to their Virginia Beach home – messages sent to Kocis just days before he was killed, the criminal complaint says.

When Kocis was killed, there was an explosion of rumors, conspiracy theories and innuendoes on Web sites and blogs that cater to gay pornography.

Cuadra and Kerekes even set up their own Web sites seeking donations to help with their defense fund. Cuadra was auctioning his personal belongings -- including his hot tub of love, as he called it.

This case has certainly been different to report.

I say that because it not only involved common journalism practices of interviewing investigators and witnesses, but trying to make sense out of all those Web sites and blogs to which I was never accustomed.

Edward Lewis, a Times Leader staff writer, may be reached at 829-7196.

Very interesting!

Anticipation

Yeah, I have not done a post here in a while.

Reason being, I am in the same mode as I am sure all of you out there are in: anticipation of tomorrow's hearing. Which if you have been checking up on PC's blog lately, looks like it'll be a real juicy one. So, I've been keeping my powder dry until then.

Look for more commentary by me in the days ahead...including musings on a whole new set of tapes (ie, the Day One surveillance tapes, and possibly others). Until then!