Cuadra may learn fate today

WILKES-BARRE – One-by-one, they walked past Harlow Cuadra without looking at him.

The twelve people last Thursday had found Cuadra, 27, guilty of killing Bryan Kocis, and were leaving the courtroom coming within feet of the convicted murderer looking away.

As they had done many times since Feb. 23 when the trial began, the same jury will walk past Cuadra perhaps for the final time today as they decide if he should spend the rest of his life in prison or be executed.

Assistant District Attorney Michael Melnick will argue Cuadra should die while defense attorneys, Joseph D’Andrea or Paul Walker, will persuade the jury to spare his life.

Cuadra was convicted of killing Kocis, 44, inside Kocis’ Dallas Township home that was set ablaze on Jan. 24, 2007.

A co-defendant in the case, Joseph Kerekes, 35, pleaded guilty in December to second-degree murder and is serving life in prison.

Cuadra maintained his innocence, telling the jury that Kerekes in a jealous rage killed Kocis.

Investigators alleged Kocis was killed because Cuadra and Kerekes considered him their main rival in the production of gay pornographic movies, and wanted to work with adult film actor Sean Lockhart, a contract actor for Kocis’ company, Cobra Video.

Cuadra was the only witness to testify in his defense compared to 86 witnesses called by prosecutors during 12 days of testimony.

The jury deliberated for three hours and 33 minutes on Thursday convicting Cuadra of first degree murder, conspiracy to commit criminal homicide, robbery, theft, tampering with physical evidence, abuse of corpse, conspiracy to commit robbery, conspiracy to commit tampering with physical evidence, conspiracy to commit arson, criminal use of communication facility and two counts of arson.

On Friday during the penalty phase of the trial, prosecutors called five people to testify, including Kocis’ parents, Michael and Joyce Kocis, while Cuadra’s lawyers presented nine people.

Prosecutors said Cuadra should be executed because the fire at Kocis’ home endangered firefighters and items were stolen from his home during a robbery. Cuadra’s lawyers argue he shouldn’t be sentenced to death because of his troubled childhood and military service in the U.S. Navy.

If the jury is unable to reach a unanimous verdict on imposing the death penalty, Judge Peter Paul Olszewski Jr. will be mandated under the law to sentence Cuadra to life in prison without parole.

According to the state Department of Corrections, all execution cases are assigned to administrative custody status and are housed in restrictive housing at either Graterford or Green state prisons.