Porco appeal under way

Attorneys for convicted killer Christopher Porco expect to file an appeal to overturn his murder conviction by the beginning of next month.

We are moving with deliberate speed here, said Terence Kindlon, Porco's attorney since his client was first investigated by Bethlehem police in 2004.

An Orange County jury delivered a guilty verdict, Aug. 10, against the 23-year-old for murdering his father, Peter Porco, and attempting to murder his mother, Joan, inside their 36 Brockley Drive home in Delmar on Nov.15, 2004. The verdict was reached by jurors in less than six hours following a trial that stretched over more than seven weeks.

"We are assembling a motion to set aside the verdict," Kindlon said.

Although overturning murder convictions is quite rare, Kindlon said he first believed he had information from a reliable source that, if proven, would almost guarantee a granting of the motion.

"The silver bullet appears to be an illusion," said Kindlon. "It turned out that the information could not be confirmed."

Despite the setback, work toward an appeal continues, and preparations for pre-sentencing memorandums will be filed prior to Porco's sentencing date of Oct. 25.

Porco's attorneys are also poring over thousands of pages of trial transcripts to work on their client's appeal. Kindlon said he is planning to bill the county for the cost of the transcripts.

"Chris is an indigent," said Kindlon. "He has no money of his own."

Kindlon said he believes the cost of the transcripts will be close to $12,000.

Chip Dott, executive deputy comptroller in Albany County comptrollers office, said the cost to Albany taxpayers for prosecuting the Christopher Porco case is already at $71,000, which doesn't include the $12,000 bill to cover the cost of trial transcripts.

"We haven't seen those bills yet," said Dott.

The latest estimate also doesn't include the cost of hotel rooms in Goshen during the month of August for prosecution witnesses and members of the Albany County district attorney's staff.

Meanwhile Kindlon's client is serving his time inside the county jail.

"I have other lawyers in the office who have been out to see him," said Kindlon. "He is doing well, as can be expected under the circumstances."

Porco could face anywhere from 50 years to life in prison if given the maximum sentence by Orange County Supreme Court Judge Jeffrey Berry.


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