Voir Dire
Many people feel uncomfortable about homosexuality. Is it possible for a gay man to have a fair criminal trial when the entire panel of the jury is straight ? Let's hear your feedback.
The question has been asked many times by blacks. Can a black person get a fair trial when the jury is all white?
In this case in point both defendants are openly gay and the murder victim is openly gay and the jury is presumed straight.
OUR QUESTION IS THIS: Is it possible for a gay man to have a fair criminal trial when the entire panel of the jury is straight ?
In checking up on the latest events in the trial of accused murder suspects Harlow Cuadra and Joseph Kerekes, we ran across their attorney's Voir Dire ( latin for “to speak the truth” (i.e., to render a true verdict), this phrase refers to the examination of prospective jurors under oath to determine bias or preconceived notions of guilt or innocence). < you may read about the entire case at this blog >
The questions that are proposed for this jury to be asked by the defendant's attorneys are as follows:
III. BIAS RELATING TO SEXUAL ORIENTATION:
The defendants in this case are homosexual. Further, the defendants were partners in a committed homosexual relationship. The victim in this case was also a homosexual. Testimony may be elicited from both the Commonwealth and defense regarding the sexual orientation of both the defendants and the victim. Given those facts:
A. Do you perceive that homosexuals are more or less likely to commit crimes or engage in criminal conduct?
B. Have you, members of your family or close friends ever made a joke about homosexuals?
C. Have you, members of your family or close friends ever referred to homosexuals by using a derogatory term such as “fag,” “queer,” etc?
D. Have you, members of your family or close friends ever felt uncomfortable in the presence of a homosexual, whether in a public facility, metropolitan area or neighborhood?
E. Have you, members of your family or close friends ever avoided situations where contact with homosexuals would be anticipated?
F. Have you, members of your family or close friends ever avoided television or media programs where homosexuals would be depicted simply because of that fact alone?
G. Have you, members of your family or close friends ever commented about the propriety of homosexuals living in committed relationships?
H. Have you, members of your family or close friends ever remarked about or objected to the demonstration of homosexual civil marriage ceremonies?
I. Have you, members of your family or close friends ever refused to associate yourselves with homosexuals?
J. Have you, members of your family or close friends ever commented on a perceived connection between homosexuals and disease including but not limited to HIV and the AIDS virus?
K. Would the fact that homosexuals are accused of killing another homosexual in any way affect your ability to serve as an impartial juror in this case?
L. Would you find the testimony of a homosexual less credible than that of a heterosexual simply because of their sexual orientation?
M. Would the fact that the defendants were in a committed homosexual relationship at the time of the commission of the alleged offense in any way affect your ability to serve as an impartial juror in this case?
N. Has anything ever occurred involving you, a member of your family or close friend which involved a person of homosexual orientation that would in any way create a feeling of animosity or hostility towards either of the defendants?
O. Are you conscious of any prejudice or bias against homosexuals?
P. Are you, any member of your family or close friends a member of any group or organization that advocates against homosexuality?
Q. Would the fact that either defendant may have a homosexual orientation or have a lifestyle different than yours in any way affect your ability to sit as a fair and impartial juror in this case?
Can you imagine what a straight jury will think after having been grilled with all these questions ? What is your thinking ?
CAN A GAY MAN UNDER THESE CIRCUMSTANCES GET A FAIR TRIAL?
Harlow Cuadra testified yesterday in his capital homicide trial and has said that his lover and business partner Joseph Kerekes murdered Bryan Kocis. Harlow related in his testimony that on the coaching of Joe he went there to Kocis' private home to discuss being a model in a Cobra Video production.
Today is the 11th day of this ongoing trial and going against the advise of his attorneys Harlow described how after he arrived at the Kocis house Joe rapped on the door while he was inside and a fight between Joe and Kocis ensued and further testified "Joseph reaches in his pocket and pulls out a knife and slashed Bryan's throat. I yelled, "Joe, what are you doing, he said to get the fuck out."
In further testimony by Harlow this afternoon he testifed that he ran and hid in the back seat of a rental car Joe had driven to take him to Bryan Kocis home in Dallas Township, Pennsylvania after Joe became violent. He went on to detail how the two of them were afraid and traveled to South Beach, Florida where they lived in a motel room for several months before returning to their home in Virginia Beach.
Harlow explained in his testimony how he was sexually abused as a child, broke relationships with his family because he was gay and how Joe's family took him in and showed him love. He alluded to Joe being the dominate one in the relationship and described how Joe managed all the business affairs and Harlow described under oath. "I can't even go to the store to buy toilet paper without him."
Harlow testified about his life in Florida, how he enlisted in the Navy in late 1999, how he fell in love with an naval officer who was later transferred to San Diego.
Harlow said after his lover (naval officer) was transferred, he felt alone and met Joe at a shopping mall after talking with him in a chat room online. He described how his relationship with Joe grew into the escort and gay film production business it was prior to the couple's arrest for the murders. Harlow said, "(Joe) was always with me, everywhere I went, he was with me."
At the opening of this morning's session of court Joe Kerekes, (now 35 years old) refused to testify for Harlow.
Joe dressed in a white shirt with the letters "DOC" on the back, and brown pants, walked into the courtroom with Harlow staring at him. Joe didn't appear to look at Harlow who was sitting at what reporters descibe as "just 15 feet away from the witness stand."
Harlow's attorney Joseph D'Andrea questioned Joe about the few times he visited him at the state prison after Joe pleaded guilty for the murder after a December 2008 court hearing when was sentenced to life in prison without parole. Joe said on the stand, "I've been thinking a lot about my parents, I think it will destroy them to say something that I didn't do, what I told you (D'Andrea) is untrue." Following that, Joe was whisked out of the courtroom and is being held in custody in the county jail pending further needs from the court. Throughout the prosecution's case, Harlow's attorneys have attempted to blame the murder on Joe, claiming Joe was the more dominant person in the relationship.
For Up-To-The Minute Reporting On The Trial Visit Our Network Blog Partner, Harlow & Joe On Trial
If convicted for this brutal murder Harlow could join the likes of other well known gay killers like John Wayne Gacy and Jeffery Dahmer. Closing statements are expected to reveal how Harlow suffered from extraordinary pressures akin to the Stockholm Syndrome effects suffered by abused children having been sexually abused in their childhood, battered women, prisoners of war, cult members, incest victims, criminal hostages. It seems pretty clear by me that the trial thus far has painted a perfect picture to the jury of Joe being the controlling and often intimidating factor in the entire course of events leading up to and beyond the murder of gay bareback porn producer, Bryan Kocis.
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