Sunday, October 28, 2007

New "Reversible Error" Precedent provides Judicial Hope for Harlow Cuadra and Joe Kerekes

Harlow Cuadra has been handed yet more grounds to claim "reversal error" by Luzerne County President Judge Mark Ciavarella assigning one of Bryan Kocis' former lawyers as Cuadra's counsel at the recent preliminary hearing.

New York Federal Judge Kaplan had already provided Cuadra with the grounds to claim that he and Kerekes were denied their right to legal counsel when Judge Kaplan dismissed all criminal charges against former KPMG employees citing the fact that Federal Prosecutors prevented the defendants from being able to afford the legal counsel of their choice.

Now, Judge Kaplan has issued an order holding that a criminal defendant must specifically WAIVE his right to "conflict free representation", that a Judge cannot merely unilaterally decide that an attorney's conflict of interest is not prejudicial to the defendant.

In other words, by the decision of a Federal Judge in New York on a similar "constitutional right issue", Harlow Cuadra must specifically WAIVE his right to "conflict free representation" in order for one of Bryan Kocis' former lawyers (Jonathan Blum) to continue as Harlow's lawyer.

At this point, The Kruezer believes that FRIENDS OF Harlow Cuadra and Joseph Kerekes who were holding back on their contributions to the Legal Defense Fund for Cuadra and Kerekes will now act to ensure that Private Attorneys file appeals for Cuadra and Kerekes to get all charges against Cuadra and Kerekes dismissed as a result of judicial errors by Luzerne County.