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Prosecutor: Cuadra Appeal Has No Merit

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Prosecutors Say Harlow Cuadra Has ‘No Merit’ In His Appeal

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Prosecutors in a case in which a Virginia man was recently convicted and sentenced for killing a Dallas Township man in 2007 filed court papers stating his reasons for appealing his life sentence have no merit.

Luzerne County District Attorney Jackie Musto Carroll and Assistant District Attorney Frank Barletta said in court papers that Harlow Cuadra’s complaints do not entitle him to relief.

Cuadra, of Virginia, was convicted in March in the death of Dallas Township resident Bryan Kocis, who prosecutors say was his rival in the gay pornography industry.

Cuadra and Joseph Kerekes, Cuadra’s business partner in an escort business and the production of gay pornographic movies, were arrested on May 15, 2007, in the slaying of Kocis, 44, in Kocis’ home. Cuadra and Kerekes were sentenced to life in prison. Kerekes had pleaded guilty to homicide charges.

Musto Carroll and Barletta stated Cuadra’s complaint that autopsy photos were shown more than once at his trial were not objected to by his attorneys. The judge expressed his disapproval of the repeated presentation of the photos, and at that point they were not shown again.

Musto Carroll and Barletta also state that admission of evidence of the transcript from a recorded conversation, which Cuadra opposes, appears to have no “authority requiring this court to give a cautionary instruction (to jurors) under these circumstances.”

The prosecutors said other matters that Cuadra complained of on appeal in August require no argument because prosecutors already made their argument at Cuadra’s February trial and stand by them.

http://www.timesleader.com/news/crime/court_briefs_11-20-2009.html

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