continued "This proved to be a very complicated question," said McDermott.
University of Rochester student Marshall Crumiller is the last person to have seen Porco the night before the murder, after 10 p.m. on Sunday, Nov. 14, 2004. The next time anyone saw the defendant was the following day at 8:45 a.m. Rachel Boylan saw Christopher Porco running back to Munro Hall as she looked down over a bridge on the campus.
"So let's ask ourselves, where was Christopher Porco?" asked McDermott.
Porco told his frat brothers of Sigma Phi Epsilon that he gave his room up to a visiting fraternity region leader and he would be sleeping in the Munro Hall student lounge the evening of the crime. The defendant told his uncle, John Balzano, the same story when Balzano drove Porco back to Albany to see his mother, who was in a coma at Albany Medical Center. The police asked seven different students if they saw Porco sleeping in the student lounge and the answer was the same seven times.
"No, Christopher Porco wasn't there," said McDermott.
It is at that time, said McDermott, that "it is not quite as simple to eliminate Christopher Porco as the parents' attacker."
Police then investigated the yellow Jeep Wrangler Porco purchased by forging his father's signature on a $17,000 loan to obtain it, but there is no blood in the Jeep. McDermott then showed the jury grisly photos of the crime scene that disturbed a few friends of Christopher Porco in attendance for the first time in the courtroom. The photos, according to McDermott, showed that the blood from the victims is away from where the assailant is standing.
"There would not have necessarily been a lot of blood for the defendant to deal with," McDermott said. The prosecution also believed since the murderer stayed in the Porco residence for over two and half-hours, there was plenty of time to change and get rid of any evidence from any articles of clothing worn.