Luzerne County Case Against Harlow Cuadra Set to Implode Options

[Peter Everhard]

The Politics of Prosecution: If you look just beyond the huffing and puffing from Luzerne County Prosecutors on the Bryan Kocis Murder Case, you see a couple of Government Lawyers with no witnesses, a couple of Government Lawyers who can't present the Bombshell Blacks Beach Tapes into evidence without triggering a call for Separate Trials from Joseph Kerekes. Luzerene County's Prosecution of Harlow Cuadra and Joseph Kerekes is all set to implode on October 4, 2007. Luzerne County's call for the death penalty is just one more attempt by Luzerne County to get Cuadra and Kerekes to plead guilty to something.

updated October 2, 2007:

AS WE PREDICTED, Luzerne County Prosecutors have in fact announced that they will seek the death penalty against Harlow Cuadra and Joseph Kerekes in the prosecution for the murder of Bryan Kocis. The Aggravating Factors Luzerne County Prosecutors cite in support of their argument that the death penalty is appropriate are the robbery and arson charges pending against Cuadra and Kerekes.

Luzerne County District Attorney David Lupas filed notice Monday of his intention to seek the death penalty against Harlow Cuadra and Joseph Kerekes in the January 2007 murder of Brian Kocis. The prosecution argues it has grounds to seek the death penalty because Kocis' murder was allegedly committed in the process of a robbery and arson. Citizens Voice

Robbery Charges Tied Directly to The Black's Beach Tapes

From what we can see, there has been no evidence whatsoever presented of arson in the murder of Bryan Kocis' murder. The robbery charges against Cuadra and Kerekes are based solely on statements allegedly made by Harlow Cuadra on "The Blacks Beach Tapes". Luzerne County prosecutors, from what we can tell, cannot present The Blacks Beach Tape into evidence without triggering a call from Joseph Kerekes to separate his trial from Harlow Cuadra's trial (because, Cuadra, according to The State, incriminates Kerekes on The Blacks Beach Tapes).

Note: Luzerne County did not submit The Blacks Beach Tapes into evidence at the preliminary hearing for Cuadra and Kerekes. And, Luzerne County appeared to do everything in its power to keep the tapes from being put into evidence.


State Destruction of Possible Evidence in re Arson Charge

One of the Attorneys for Kerekes (or Cuadra) allegedly is famous for proving that a man charged with arson was innocent because the fire the man was charged with starting was actually caused by a dropped cigarette. The Attorney proved that it was the custom of builders in Luzerne County to "clean" new wood floors with gasoline and that a dropped cigarette ignited residual gasoline in the wood floors of the man's house. Well,

As we all know, Bryan Kocis' house was demolished on the request of Bryan Kocis' family. There has been no indication that Prosecutors presevered any of the flooring in Kocis' house (or allowed the Defense to collect evidence from Kocis' house).

There are NO WITNESSES Against Cuadra and Kerekes

As revealed first here on The Bitchless Blog, Bryan Kocis appeared to have been using two companies with the same name in two different states. The lawsuit Kocis filed in San Diego against Sean Lockhart was filed by The Delaware Cobra Video LLC when Kocis also had an active Cobra Video LLC in Pennsylvania.

As we indicated previously, God Help The Lawyer who may have aided a gay pornographer / child molester commit a fraud on the court, especially when THAT COURT was a Federal Court. The Delaware Cobra Video LLC argued in is lawsuit against Sean Lockhart that it had a contract with Lockhart in 2004 when The Delaware Cobra Video LLC did not even exist in 2004.

Based on what has been uncovered so far solely from publicly available information, Bryan Kocis' lawyers and employees should be ripped apart by Defense Attorneys based on the various enterprises Bryan Kocis was pursuing at the time of his murder.

Luzerne County Prosecutors did NOT call Sean Lockhart as a witness at the Preliminary Hearing. Prosecutors did not call any of Bryan Kocis' lawyers as witnesses (even though one of Kocis' lawyers appears to be "critical" in establishing that Bryan Kocis was actually alive on 1/24/07). And, The Rolling Stone Article on The Bryan Kocis Murder probably knocked Grant Roy out of any running for Star Witness.

In fact, it appears that ALL of the individuals having Bryan Kocis alive on 1/24/07 are employees and/or lawyers for Bryan Kocis and, only one of these individuals (Robert Wagner) was a witness at the Preliminary Hearing. It is not clear if Defense Attorneys knew about the TWO COBRA VIDEO LLCs at the time of the preliminary hearing. However, I seriously DO NOT see any lawyer nor any employee of Bryan Kocis voluntarily agreeing to testify to anything about Bryan Kocis' activities under penalty of perjury.

If a persuasive argument can be made that Bryan Kocis was killed prior to 1/24/07, The Prosecution's Case Against Cuadra and Kerekes IMPLODES.

Prosecutors could put Bryan Kocis' relatives on the witness stand and they could testify about how awful it is that somebody(ies) killed their little child molester. BUT THEN, Defense Attorneys might then ask about The Proceeds from Bryan Kocis' Enterprises. Given the fact that there were/are TWO Cobra Video LLCs, ONE WOULD THINK that some authority would have stepped up by now and prevented the liquidation of Bryan Kocis' assests until it could be determined that those assets were not obtained with the proceeds from some inappropriate enterprise a la the RICO action against Norfolk Companions.

Given that "someone" was so eager to RICO Harlow Cuadra and Joseph Kerekes, isn't it not ODD that no one has RICO-ed the Estate of Bryan Kocis? The simple fact that Kocis appeared to have been "misleading" people with Two Cobra Video LLCs gives the impression that Kocis may have performed a "pattern of frauds". A Pattern of Fraud by two or more individuals is the basic requirement for a RICO suit.

Sean Lockhart Why Doest Thou Not Protest

It now appears that at the time that they were sued by The Delaware Cobra Video LLC and at the time that they filed their answer to the lawsuit, neither Grant Roy nor Sean Lockhart knew that Bryan Kocis had Two Cobra Video LLCs (one in Delaware and one in Pennsylvania). In fact, the fact that Sean Lockhart admited in his answer that he had a contract with Cobra Video in 2004 shows that Lockhart did NOT know that there were two Cobra Video LLCs at the time of his answer (The Delaware Cobra Video LLC did not exist in 2004).

If I had been sued by a gay pornographer / child molester in Federal Court, and I found out that said gay pornographer / Child Molester had failed to tell the Federal Judge about his Two Companies with the same name in Two Different States, I would immediately Petition the Federal Judge to Re-Open The Lawsuit. That's just the kind of vicious beauch I am, I would rip Both of those Cobra Video LLCs apart and take every fucking penny left in Bryan Kocis' estate.

It seems to me that A Federal Judge would be a tad pissed-off that something like Bryan Kocis had the balls to go before A Federal Judge with "apparently" unclean hands.

So, Why Have Sean Lockhart and Grant Roy "apparently" not asked the Federal Judge to re-open their lawsuit against The Delaware Cobra Video LLC? Is it possible that Grant Roy and Sean Lockhart don't want all of the Two Cobra Video LLCs assets?

I'm thinking there is more money in The Two Cobra Video LLCs that there is in selling one's underpants.