News

May 1, 2008

Trial delay over appeal not likely

Judge won’t issue order to allow appeal of ruling barring lawyer for gay porn homicide suspect.

WILKES-BARRE – Harlow Cuadra’s trial on homicide charges apparently won’t be delayed because of an appeal.

Cuadra is appealing a ruling that disqualified attorney Demetrius Fannick from defending him.

Pre-trial appeals often delay the start of trial until the appeal is resolved. But a judge has to issue an order allowing that to happen.

Cuadra’s attorneys asked Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. to allow that to happen with his Fannick ruling.

But at a brief hearing on the issue Wednesday, Olszewski refused.

That means Cuadra and Joseph Kerekes are still slated to stand trial in September in the slaying of Bryan Kocis – unless the state Superior Court says otherwise.

Olszewski said Cuadra’s attorneys could ask the Superior Court to review the appeal before trial.

If the Superior Court decides to do that, the court would likely issue a stay of Cuadra’s trial.

Cuadra and Kerekes are awaiting trial in the January 2007 slaying.

The two Virginia men are accused of killing Kocis, their rival in the gay porn industry, inside his Dallas Township home then setting it on fire. Kocis, 44, was found dead by firefighters.

Prosecutors are seeking the death penalty for both men.

Fannick was previously hired to defend Cuadra.

But prosecutors sought to have Fannick removed because he had previously met with Kerekes.

That, prosecutors said, created a conflict of interest.

Olszewski agreed and disqualified Fannick from the case.

Cuadra’s appeal of the Fannick ruling could still be heard after Cuadra’s trial.

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