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May 9, 2009

Cuadra attorneys seek removal from case

In court papers, they say convicted murderer has no money to pay them, want new counsel in place for appeal.

By Sheena Delazio sdelazio@timesleader.com
Staff Writer
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Attorneys for convicted murderer Harlow Cuadra filed court papers Friday asking a judge to allow them to be dismissed from the case because they believe Cuadra has no funds to pay them.

The also said they were to be retained only for his trial, not the appeal process.

The papers were filed by attorneys Paul Walker and Joseph D’Andrea Friday. They asked that new counsel be appointed to represent Cuadra in any further matters of appeal.

Cuadra was found guilty of his role in the January 2007 stabbing death of Dallas Township resident Bryan Kocis. Cuadra and Joseph Kerekes, his business partner in the escort business and the production of gay pornographic movies, were arrested on May 15, 2007, in the slaying of Kocis, 44, inside Kocis’ home.

Cuadra and Kerekes, who pleaded guilty to homicide charges, were sentenced to life in prison.

On April 7, the attorneys notified the state Superior Court that Cuadra was appealing his conviction and sentence handed down on March 16 by a Luzerne County jury and Luzerne County Court of Common Pleas Judge Peter Paul Olszewski, Jr.

Olszewski set a May 22 hearing for the attorneys to argue why they should be withdrawn.

In court papers filed on April 30, Cuadra’s attorneys said they were appealing because the judge erred in denying a motion to suppress recorded statements and conversations at a California restaurant and recorded statements and conversations at Black Beach in San Diego in April 2007.

They also argued evidence seized from Cuadra’s home during a search warrant execution and evidence seized regarding Cuadra’s e-mail accounts should have been suppressed. The appeal also claims the court should not have allowed “gruesome photographs” into evidence, which “served no purpose.”

In the filing Friday, Walker and D’Andrea said that "since (Cuadra) has been continuously incarcerated since the time of his arrest, it is presumed that he is without funds to retain counsel to pursue his appeal."

The attorneys also said they were not hired to pursue Cuadra’s appeal.

Walker and D’Andrea also asked that since they filed the notice of appeal, that they be given extended time to file a concise statement of matters complained of on appeal – or, more detailed reasons why Cuadra is appealing – pending the outcome of the May 22 hearing.

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