Friday, March 6, 2009

Trial Musings 13: Bits and Bobs, and Back on Schedule

Harlow trial Day 8 has come and gone. Today's big news is that the defense case is, once again, expected to begin on Monday. There'd been earlier speculation that since the prosecution case had been dragging a bit, the defense commencement would be pushed back to Wednesday; however, since Melnick cut witness Renee Martin's planned "long" testimony (1-2 days?) down to a mere 30 minutes yesterday, we are pretty much back on schedule.

A miscellany of minor witnesses were quickly and briefly examined today, 14 in all. These caught my eye:

- Client Matthew Brannon testified. I've blogged about him before, here and here. No surprises.

- Norfolk Gym owner Lance Treadway testified. In the affidavit, he established the fact Harlow and Joe atypically did not go to that gym on the days before, during and after the murder. Today he was up there to make a very different and probably more important point: That Harlow was pretty strong. He "regularly bench pressed 225 pounds," was seen "squatting several 45-pound plates on a 45-pound bar" and "was equal in strength to Kerekes." The even showed a video clip of Harlow working out, to emphasize the point (see Update 2, below). Obviously goes right to the heart of the defense argument here, the "dominence" question. So, this could turn out to be somewhat important to the jury.

- A pawn shop owner testified that a shabbily dressed Harlow and Joe pawned jewelry on the day of the SWAT raid; Joe said he needed the money for a "rebuilding" project (LOL!).

- And the video cameras got covered. Ah, remember those cameras? Back in the day, here in Kocisphereland, the cameras were considered major league evidence. Great debates were fought! Some argued that the odds of the cameras seized from Harlow and Joe's house being identical to Bryan's missing cameras were a million to one. Others argued: "AHA! See? There IS a chance! We got reeeeasonable doubt!"

Well, yo, how the mighty have fallen. As this case is no longer really about whether Harlow is guilty or innocent, but rather, how guilty he is...the cameras have been sent down to the minors, dealt with today alongside the other Thursday bits and bobs. And FWIW, it turns out that "video tape recordings from Bryan Kocis' home were likely made with cameras investigators said were found in Cuadra's home." And there you have it.

Tomorrow the prosecution is expected to wrap up their case, ending on a emotional note by calling members of the Kocis family.

Update: More from the Citizen's Voice on that formerly burning red hot camera question:

"Two cameras matching the description of cameras taken from Kocis’ home that were found in Cuadra and Kerekes’ Virginia Beach home could have belonged to Kocis, testified George Skaluba of the FBI. Skaluba tested digital tapes known to have belonged to Kocis and compared them with sample tapes in a lab. The results showed the cameras were similar, but couldn’t conclusively indicate the cameras taken from the Virginia Beach home were Kocis’, Skaluba said. The serial numbers on the cameras were removed."

Update 2: Here's that video clip of Harlow working out, showing him quite capable of single-handedly killing Bryan Kocis, countering defense arguments that he was too small and frail to do so.

BTW, this incriminating prosecution video was made public on YouTube over a year ago by pro-Harlow blogger Matt Fondel, the sole "man behind the curtain" of the Bitchless Blog. So, credit where credit is due...thanks Matt! :-)



Update 3: WNEP: "The judge told jurors that the prosecution plans to rest its case on Monday."

23 comments:

will g said...

About the cameras:

Wasn't there evidence that Harlow got on some message boards right after the murder and asked how to use them? I wonder if that's still to be presented. At least it would show they came into his possession at a certain date. You would also expect there to be some sort of receipt, packaging, or instruction manuals for them found in the bordello, the absence of which would be probitive. And you would expect the models/excorts who worked in the bordello and/or appeared in their videos to know what kind of camera equipment H & J used before the murder, and they could say whether they ever saw these particular kinds of cameras there or not.

I do think they are crucial pieces of evidence, and I hope the prosecution does everything it can to prove they were Bryan's. It doesn't seem like they've done that yet.

will g said...

You mean Peter Everhard isn't his real name???

jim said...

"will g said...
You mean Peter Everhard isn't his real name???"

Indeed no. :-)

And he looks nothing like any of his various posted avatars, it's fair to say.

jim said...

"Wasn't there evidence that Harlow got on some message boards right after the murder and asked how to use them? I wonder if that's still to be presented."

I may be wrong, but I think they already brought that up (?). And you are right, that is fairly crucial evidence.

jim said...

BTW, more on Fondel...you cannot find that Queerty post any longer on Queerty...they deleted, apparantly. At Matt Fondel's request? Probably, I'd say.

But not before the archive spiders got it, as you notice. :-)

will g said...

Oh God, I finally am beginning to understand - "The Bitchless Blog" is SATIRE, according to Queerty! Who knew? I guess it belongs to the same genre of satire as that other site.

quickysrt said...

jim said...
"Wasn't there evidence that Harlow got on some message boards right after the murder and asked how to use them? I wonder if that's still to be presented."

I may be wrong, but I think they already brought that up (?). And you are right, that is fairly crucial evidence.
----

Yes, Chris Hurd from DVinfo too the stand on day two and read harlow's questions on that camera, and dates of other posts.

And read the signature: Boys do what they can, Men do what they want."

jim said...

Yeah...it's very deep satire, but ultimately, yeah satire.

In fact, you think about it all in hindsight...how could it be anything but? :-)

However, the thing is, most satire has a certain "zing" to it, you know, that makes it obvious at a certain point. Matt's stuff really never had that "zing" I guess; so, it laid pretty well hidden.

will g said...

"And he looks nothing like any of his various posted avatars, it's fair to say."

Well Queerty says he's black, for one thing. And portrays himself as prejudiced against blacks. Again, what hilarious satire!

And thanks Quicky for the message-board info, I didn't remember that testimony being reported.

quickysrt said...

will g said...
"And thanks Quicky for the message-board info, I didn't remember that testimony being reported."
----

Funny thing is Will, I work with video doing freelance work. and I'm a member of that forum too. I never saw Harlow's comments (there) until he was arrested, but I read them after. And he had some of the same issues I did with processing video on pc and mac computers.

I could identify with his problems he was having.

It kind of made him somewhat human to me in the earliest days of this drama. And that shread of human identity ultimately made me want to go to PA and see some of the trial and see this person for myself, look him in the eye and see what I would see in there.

jim said...

Yeah I must admit, it would be fascinating, to see him up close like that...

BTW Quicky, this is off topic but I've been meaning to ask you this...has it been asked whether anyone had a "deal" for their testimony? And did anyone say "yes?"

quickysrt said...

jim said...
Yeah I must admit, it would be fascinating, to see him up close like that...

BTW Quicky, this is off topic but I've been meaning to ask you this...has it been asked whether anyone had a "deal" for their testimony? And did anyone say "yes?"
----

No, I heard not one peep in quetioning concerning this possibility.

GorgeousBoys said...

GAYVN and The Dallas Post is reporting this:

Before Kerekes was sentenced in December, he pleaded guilty to second-degree murder and several conspiracy charges. In addition, he allocated to the murder, as required by law. Among his admissions, according to court records, were that Cuadra wanted Kocis permanently eliminated from a contract dispute involving gay porn star Brent Corrigan, with whom Cuadra wanted to perform on camera. Kerekes told the court Cuadra purchased a .38-caliber handgun and the knife used to stab Cobra Video owner Kocis 28 times and then nearly decapitate him. Cuadra rented the SUV in which the two drove from their home in Virginia Beach, Va., to Kocis' home outside Dallas Township, Pa., Kerekes said. He told the court the lighter fluid and lighters used to set fire to Kocis' home with the dead man's body inside were purchased at a nearby Wal-Mart.

Kerekes always knew Cuadra planned to kill Kocis, he told the court.

The prosecution was unaware Kerekes might testify until they saw his name on the defense's witness list. Prosecutors told The Dallas Post they do not know what testimony Kerekes is prepared to give on his lover's behalf, and the defense hasn't revealed its strategy.

On Wednesday, jurors in the trial heard testimony from four of Cuadra's former escort clients. Two of the men testified Cuadra asked them to help him construct an alibi.

Howard Mitchell Hallford, 48, told the court he had been a client of Cuadra's escort service since 2004 and gave $70,000 to help fund Cuadra's defense because he was in love with the younger man. The Atlanta, Ga., businessman also told the court Cuadra asked him to tell police the two of them were together the night Kocis was killed. They were not, he added.

"Basically, he didn't have an alibi for that night," Hallford said, explaining that he could not lie to police, even for Cuadra. "Harlow said, 'A bad alibi is better than no alibi.'"

A second former client testified Cuadra also asked him to lie to the court. Nep Maliki produced a letter he said Cuadra wrote to him on June 13, 2007 - after Cuadra was jailed on the murder charge - outlining specific details he wanted Maliki to recount for investigators.

"I remember that you came over on January 24th [2007] around 7:30 a.m., maybe it was 8 a.m.," Cuadra wrote. "You had on black jeans and a black heavy sweater. Black slip-on shoes."

Maliki, a fast-food restaurant employee in Virginia Beach, told the court he donated $50 to Cuadra's defense fund.

jim said...

"The prosecution was unaware Kerekes might testify until they saw his name on the defense's witness list. Prosecutors told The Dallas Post they do not know what testimony Kerekes is prepared to give on his lover's behalf, and the defense hasn't revealed its strategy."

But I guess they'll reveal it, come Monday.

If what Joe says deviates in any way from his allocution, the prosecution can just come back with the good ole "Were you lying then, or are you lying now?" question.

Anonymous said...

Quicky,
When you looked in Harlows eyes- what did you see?

Excuse me if you already answered this.

Anonymous said...

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quickysrt said...

V.J. said...
Quicky,
When you looked in Harlows eyes- what did you see?
----

There was a wide range of emotions, sometimes (a lot of times) he had a sad blank stare, and then other times a direct look. When he looked at me I always nodded hello, and he always nodded back, and it would shake the blankness away. I think he looked at me wondering if I was pro or con about him. And I really was not either. I sent friendly glances to everyone including him.

After the first session of tapes were played he looked back at his Mom with a "so far so good" look. And after the bad part of the Blacks Beach tapes, and a break, he looked back again at her with a clinched fist, like let's keep fighting.

The notes he was taking on a yellow pad seem to be nothing much at all. Just a way for him to pass the time. Not a lot of pages used there I could see.

The saddest look on his face was when he was led out of the basement (in shackles to a van) the day his Mom was crying in court, and the reporter asked him about how he felt seeing that. He sad "no comment" but looked pretty sad, and he looked at me. It was the lowest I saw him emotionally.

I saw him smile wide only once (in court to his attorney), but it was a real good nice smile. He knows his odds here well, and it shows. Someone this low does not need anyone to be nasty to him.

Basically, what I saw is not a sociopath with no feelings. I would guess he now knows he needs more than an image and good story to get through this.

I hope someone is there for his Mom besides the sister when and if things do not go well at verdict.

So you see VJ this kind of sadness everyone has there. His Mom might not understand every word being said, her English is not great, but she for sure knows it is not good.

Anonymous said...

"The Bitchless Blog is satire"

That IS interesting!

I bet that blog "A Murder is Announced" was intended as intense satire too!? :)

jim said...

Vincent,

I've never given much thought to the demographics of this blog, but...eh, you never know!

Best of luck on your project.

DeWayne In San Diego said...

Quicky again thanks that is just what we all want to know,,so much better than dry newspaper stories from jaded bored journalists.

Anonymous said...

Quicky,
Thank you!

That must have been rough!
We have said it before - it is the families that are destroyed.

Geoff Harvard said...

This has been a fun hobby. I am going to miss everyone here when it all winds down. Even BB and Renee were fun targets for personal attacks.

quickysrt said...

Geoff Harvard said...
This has been a fun hobby. I am going to miss everyone here when it all winds down. Even BB and Renee were fun targets for personal attacks.
----

I know Madame's 15 minutes are up. Not sure if she really has a lot to share as promised. Or perhaps after trial ends she might share.

But did BB call it a day?

Geoff, I also will never forget this experience, and the people who made it possible for me to go. I don't generally do things like that. But I had a feeling this was an exception, a different kind of case.

I'll miss the small circle of buddies we all became.

But still more to go!