"Was the defendant there?" asked Rossi.
"No, he was not," said Felver-Gant.
Porco was last seen that Sunday night around 10 p.m. with his friend
Marshal Crumiller. The two had dinner at a Wendy's restaurant close to the dorm before Crumiller drove Porco to his Jeep parked off-campus.
"He told me he needed to help his aunt and uncle (who lived in the Rochester area) mulch the next morning and that he was going to park his Jeep behind Munro in a grassy area not in the normal parking area," said Crumiller.
Whiteside then saw Porco the next morning, Monday, Nov. 15, 2004 around 9:30 a.m.
"He had just commented he had gone for a jog that morning and had a lousy night's sleep," Whiteside said.
Whiteside, along with other students, testified they never saw Porco jog in the fall of 2004.
The testimony from other students was much the same.
However, Defense Attorneys Terence Kindlon and Laurie Shanks were successful at times in showing inconsistencies in the testimony. Even though all the students testified they were at Munro Hall student lounge that night, many watching the movie "Shrek," they could not remember their classmates who testified being at the scene.
"I think we managed to demonstrate college students stay up late, college students sleep late, and they don't know who is sleeping in what room," said Kindlon.
Late in the day's testimony, Kindlon bounced up from his chair with renewed vigor less than seven days after an angioplasty to open up a blocked artery in his heart, to ask for another mistrial after hearing a question posed by McDermott to a witness for the prosecution.
McDermott asked Whiteside if Porco offered any explanation of where he was during the overnight hours of Nov. 14 and 15, of 2004.
"The prosecution is desperate to make this an alibi case," Kindlon said. "It goes right to the heart of my client's right to remain silent."