WILKES-BARRE, Pa – A pre-trial hearing in the capital murder case against Harlow Cuadra and Joseph Kerekes ended abruptly Tuesday after a court-appointed attorney for Kerekes disclosed a conflict of interest involving himself and an attorney for Cuadra.
Kerekes attorney Mark Bufalino [pictured] said he is a partner in the same law firm as Cuadra attorney Paul Galante.
The partnership could create a conflict if Kerekes’ defense differs from Cuadra’s, or if one defendant implicates the other, Bufalino said.
Judge Peter Paul Olszewski Jr. ordered the hearing continued until Wednesday at 8 a.m., to allow the attorneys time to research the ethical and legal rammifactions of the conflict.
Earlier: – A rift between accused killers Harlow Cuadra and Joseph Kerekes, the former lovers and business partners accused of killing Bryan Kocis in Dallas Township in January 2007, could jeopardize their defense at trial, attorneys for both defendants said in Luzerne County Court on Tuesday.
Cuadra, 26, and Kerekes, 34, both of Virginia Beach, Va., are accused of slashing Kocis’ neck and stabbing his torso nearly 30 times and later setting fire to his Midland Drive home.
Cuadra and Kerekes face the death penalty and are scheduled to stand trial together before Court of Common Pleas Judge Peter Paul Olszewski Jr. beginning Sept. 2.
The attorneys argued that Cuadra and Kerekes should be tried separately and said that defense strategies employed by Kerekes could damage Cuadra’s case and vice versa.
Shelley Centini, an attorney for Kerekes, said Cuadra had been linked to the crime at every turn.
Centini said Cuadra ordered an online background check of Kocis days before the murder; sent e-mail messages and photographs to Kocis; telephone calls to him on a cell phone purchased and used only to call Kocis; and rented a vehicle that was seen by witnesses in Kocis’ driveway around the time of the killing.
“All of those key points have the potential to prejudice Mr. Kerekes at trial,” Centini said.
Olszewski addressed the rift between the defendants.
“Is there any hostility between your client and Mr. Cuadra?” Olszewski asked Centini.
“I imagine there is,” Centini said.
Paul Galante, an attorney for Cuadra, concurred.
“In speaking to Mr. Cuadra, there is some hostility toward Mr. Kerekes,” Galante said. “At this point I don’t know how there couldn’t be.”
Evidence previously put on the record by prosecutors, including transcripts of telephone calls recorded while Cuadra and Kerekes were incarcerated at the Virginia Beach Correctional Facility, show a conspiracy to follow the same defense, a storyline referred to as “Plan B,” Luzerne County Assistant District Attorney Michael Melnick said.
Melnick argued against separate trials.
“We know that Mr. Harlow Cuadra has signed onto Mr. Kerekes’ Plan B,” Melnick said. “Are they on a collision course? No, absolutely not. They’re on the same train. The Plan B Express.”
Earlier in the hearing, Olszewski said he would reserve judgment on a defense motion to move the trial to a separate venue, but admonished prosecutors for releasing evidence and transcripts that include vivid detail about the case that could potentially prejudice the Luzerne County jury pool.