Saturday, April 5, 2008
Attorneys hard at work
Attorneys file for sanctions against prosecutors.
“Attorneys for Joseph Kerekes, who is accused with Harlow Cuadra of killing Bryan Kocis in Dallas Township last year, filed a motion for sanctions Thursday accusing prosecutors from the Luzerne County district attorney’s office of misconduct.”
According to the news, The Citizens Voice, on April 4th 2008 there was sanctions filed by the attorneys representing Joseph Kerekes.
According to the article Joe is planning to claim he was at the Fox Ridge Motel the night of Kocis’ murder.
This information is according to a potential alibi defense filed by Joe’s attorneys in January.
The attorneys for Joe claim prosecutors failed to inform alibi witnesses of their involvement in the case for the second time in two months.
The attorneys asked Judge Olszewski prohibit prosecutors “from introducing evidence or argument to rebut Joe’s alibi at trial.
“Olszewski set an April 11 deadline for comprehensive briefs from both sides and said he would hear testimony and arguments at 1:30 p.m. April 15.”
“A message left for Assistant District Attorney Michael S. Melnick was not returned”
I personally would hope that the prosecution team in this case would be smart enough to handle each and every detail of this case with the utmost diligence. One would hope that in a capital case the prosecution team would be crossing every “T” and dotting every “I”.
Maybe they just don’t realize that there are a lot of people following this case and every little detail of this case. Maybe in PA the same rules don’t apply to a capital case. Maybe there is no set standard for the procedures for the prosecution. Who knows?
One would also think that the Criminal Code of PA would be pretty darn specific as how they must proceed in this case. Maybe? Who knows, I have never read a criminal code book for the State of PA. So I guess I cannot say for sure that they have made an error in the handling of this case but I think it would be a bad way to start a capital case. Motions being filed “for sanctions accusing prosecutors from the Luzerne County district attorney’s office of misconduct.”
What happened to the solid case they had? Why would they avoid detail of this case if it was really as open and shut as some has posted over the last year?
Well as always, I have said there is a lot more to this case than any of us know at this time.
Of course, there was a lot of information in the 5000 pages of information released to the defense during discovery. Of course some bloggers will never get to see that document.
But to cast a little light, there were several pages of fast food delivery people and the most any of them could say is that Harlow and Joe were good tippers. Good to know the State was that detailed in the investigation I guess but will it really matter at trail? Seems these names have made it to the witness list.
Of course one murder case I followed some time ago was dismissed in trail. The defendant claimed she had a reaction to chocolate and this caused her to kill her husband. She was set free. Maybe the State of PA was truly interested in the Chinese Food Delivery Drivers just to make sure no MSG was placed in Harlow or Joe’s food so they could not use this as a defense.
Who knows?
One thing for sure this rock solid case seems to be plagued from the get go.
The case is circumstantial at best and now motions being filed for misconduct on part of the prosecution team, not to mention how in Gods name the State plans on trying to make some of the witnesses statements creditable.
It’s now going to start to get interesting. Jim and Rob can no longer make claims without proof. The truth and proof is slowly but surely coming to light.
The crystal ball does show all.
HA… Sorry Elm, had to throw that one in there. I read your lighten up post and I agree.
Of course you know that’s not going to happen in this case.
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2 comments:
bb,
I for one am not Elm.
Post like you made here, need to stay on your blog. That will not be tolerated here.
Guilty or Not, they still have the constitutional right to a fair trial.
A fair trial does consist of the Prosecution and Defense playing by the rules set forth in the Code of Pennsylvania.
Failure to do so on either side can be cause for a mistrial or be cause for an acquittal.
Like it or not, those are the facts.
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