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Defense: not enough to convict

Photos from the 2006 Christopher Porco murder Trial. The trial was moved from Albany County to the Orange County town of Goshen.

Photos from the 2006 Christopher Porco murder Trial. The trial was moved from Albany County to the Orange County town of Goshen. Phil Kamrass/ Pool Photo

"What we have learned about Christopher is that he is not sophisticated, he is not violent and he is not capable of committing not only a perfect crime, but a horrific crime," said Shanks.

Porco's yellow Jeep Wrangler has been the subject of much speculation and witness testimony in the trial. Shanks said police found no evidence in Porco's Jeep after it was ripped apart inch by inch.

"If Chris had gone from this blood-soaked house into the Jeep, what would we find?" asked Shanks. "We did find absolutely nothing to connect Christopher Porco to the crime scene."

Over and over, Shanks repeated that maybe the police should have refocused and reconsidered their original premise that Porco committed the crime.

"No, they said they were going to ignore that," said Shanks.

She reminded jurors of the testimony of Margaret Fennell, who said Joan Porco saw a stranger in the driveway prior to the attacks, and Richard Hanft, who talked about a death threat Peter Porco received several years prior and that none of these and several other leads were ever followed up on.

"I don't know how many other calls came in that were ignored," stressed Shanks.

The defense brought out a timeline of their own, but much different than the prosecution's timeline of the murder of Peter Porco. The defense's timeline involves testimony given by pathologist Dr. Jeffrey Hubbard that Peter Porco's time of death on Nov. 15, 2004 was anywhere between the hours of 1:30 a.m. to 6:30 a.m., and that Peter Porco was alive several hours prior to his death.

"It is only by using their witnesses time frame that it is physically possible for Christopher Porco to be in his parents' home in that time frame," Shanks said.

Shanks added that the clock in the security alarm system installed in the Porco home was improperly recorded and never checked. The prosecution showed detailed video images of Christopher Porco's Jeep leaving the University of Rochester on Sunday evening, Nov. 14 and heading back toward the campus Monday morning at 8:30 a.m. The defense believes Porco could have been traveling to the nearby fast food restaurants and not back to Delmar as the prosecution wants the jury to believe.

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