Cuadra Found Guilty

WILKES-BARRE — Harlow Cuadra’s 5-foot-9-inch frame sank into his wooden chair as the jury foreman read six words.

“Homicide in the first degree. Guilty.”

Mr. Cuadra, 27, sobbed on the witness stand a day earlier, telling jurors he didn’t kill Bryan Kocis at his Dallas Twp. home. On Thursday, his shocked gaze replaced his tears.

Jurors deliberated about three and a half hours to reach a unanimous verdict — guilty on all 12 charges, including arson, abuse of corpse and corruption. It took prosecutors 10 days to present their case, that Mr. Cuadra killed Mr. Kocis, a rival pornography producer, to advance the gay pornography Web site he operated with Joseph Kerekes in Virginia Beach, Va.

Today, the jury of eight men and four women will reconvene for the penalty phase to decide if Mr. Cuadra deserves life in prison or death.

Behind Mr. Cuadra in county Judge Peter Paul Olszewski Jr.’s courtroom, an aisle separated two families fighting through different emotions.

More than two years after their son and brother was stabbed to death, Mr. Kocis’ family found justice Thursday. They sat through countless court hearings in the case to determine who killed Mr. Kocis, 44, at his Midland Drive home Jan. 24, 2007.

Mr. Kocis’ father wiped his eyes. His wife collapsed into his chest as the verdict was read. The two hugged tightly, trembling each time “guilty” was read.

Family members refrained from commenting after the verdict. But as it was read, Mr. Kocis’ mother lifted her gaze and whispered, “Thank God.” Mr. Kocis’ father croaked out a “thank you” to prosecutors as they approached the family.

Mr. Cuadra’s mother and sister tried not to cry. They bowed their heads as “guilty” was repeated, but stayed silent until Judge Olszewksi instructed jurors to report today for the penalty phase. Then Mr. Cuadra’s mother burst into tears. She continued crying as she left the courtroom.

“My son is a victim! My son is a victim!” she shouted walking toward the exit. “I need my son!”

Mr. Cuadra’s family has maintained his innocence, believing Mr. Kerekes was the killer.

During deliberations, Mr. Cuadra’s sister, Melissa, said her mother was “hanging on by a thread” from the stresses of the case. The 19-year-old from Greenville, S.C., said the family believes he was manipulated by Mr. Kerekes.

“We’ve believed in Harlow since the beginning that he’s innocent,” she said. “We know him.”

Some of those family members will likely take the stand today during the penalty phase. The prosecution will present aggravating factors that make the homicide more heinous. Jurors will weigh those against the defense’s mitigating circumstances, or reasons his life should be spared. Defense will likely call family members and a mitigation expert to cut through the two aggravating factors — the robbery and the arson charges.

One of those factors could be dropped if jurors believe Mr. Cuadra acted as an accomplice and not Mr. Kocis’ direct killer. Issuing the death penalty to an accomplice in a capital case is much more difficult, several attorneys said.

Testimony in Mr. Cuadra’s trial dragged through 12 days, as nearly 90 prosecution witnesses testified and hundreds of pieces of evidence were presented. Just two people testified for the defense, and only Mr. Cuadra’s testimony was substantial.

Mr. Kerekes, Mr. Cuadra’s former lover and co-conspirator in the crime, was supposed to testify but changed his mind Tuesday after he took the stand. He pleaded guilty in December to second-degree homicide and is serving a life sentence. In his plea, Mr. Kerekes, 35, said Mr. Cuadra alone slit Mr. Kocis’ throat.

http://www.thetimes-tribune.com/arti...69877_top5.txt

I really do beleive this is just going to be the beginning of this court case now, a book or movie deal is sure to follow.

Regards,

Lee