Goshen Attorneys for the defense in the murder trial of Christopher Porco have filed a total of 12 motions on behalf of their client, many involving information they believe prosecutors obtained from a six-and-a-half-hour videotaped interrogation of Porco by the Bethlehem Police Department that Judge Jeffrey Berry has previously ruled inadmissible.
"When you threw out the statement, judge, it didn't bother them at all," Kindlon said. "They have changed nothing. We find example after example, your honor, that (the prosecution's) case is derived and intertwined with the unlawful interrogation of Christopher Porco,"
Detectives from Bethlehem police interrogated Porco for several hours the night after the attacks occurred inside the squad room of the department between the hours of 8:30 p.m. and 4 a.m.
Kindlon asked Berry to shut down the trial and hold a hearing similar to a suppression hearing.
"Find out what the basis is for each and every witness they offer," Kindlon said.
Another point of contention is the testimony offered by city of Rochester police officer Michael Cotsworth.
Berry would not allow Kindlon to ask Cotsworth about a sweep of the neighborhood the officer took along Genesee Street where Cotsworth found Christopher Porco's yellow Jeep Wrangler parked outside his dorm.
A woman named Celestina Brown told the officer she saw a yellow Jeep parked outside her house on the street all weekend long prior to the crime against Joan and Peter Porco during which the couple was attacked with an ax, killing Peter and leaving Joan with severe, lifelong injuries.
Police believe Christopher Porco drove from Rochester to Delmar and back between the hours of 10 p.m. on Nov. 14 and 8:18 a.m. Nov. 15, 2004, and attacked his parents inside their Brockley Drive home.
Berry said allowing Cotsworth to testify about his sweep of the neighborhood would be "classic hearsay."