continued "The defense is fighting tooth and nail every step of the way, but I am confident we will be able to establish that timeline," said Chief Prosecutor and Assistant District Attorney Michael McDermott.
"I think the jury realizes the defense is nitpicking and their time is being wasted," he added.
It was a hot, 90-degree day outside in Goshen and warm inside the courtroom as well because the Orange County Court building ventilation system was not working at full power.
"Thirty years ago I worked for a judge whose name was Murphy and he would always tell me about Murphy's law," said Judge Berry. "Our Murphy's law today is the ventilation system."
There were times during Frederick's testimony that Christopher Porco could be seen taking several drinks of water from a plastic cup while also closely viewing the same tape the jury was watching of his Jeep leaving the university campus.
The defense team, led by Terence Kindlon, said prosecutors proved nothing except that the expert witness cost Albany County taxpayers $10,000 so far just to testify.
"Your travel is being paid for by the taxpayers of Albany County," Kindlon queried.
"Yes," answered Fredericks.
After proceedings ended for the day, Kindlon said that the only thing prosecutors proved is "Christopher and his Jeep went off the campus because he has to park off campus because he does not have a permit."
More motions were filed by the defense to preclude much of this week's testimony. Kindlon told Berry that much of the prosecution's witness testimony comes from an illegal and unconstitutional interrogation of Christopher Porco by the Bethlehem police department the night after the murder with much of their witness testimony.
"We are going to make a motion to preclude such evidence," said Kindlon.
Berry told the defense it is entitled to its motions and applications, but they are denied.
"It is clear in testimony the people have established the defendant's whereabouts independently of the videotape through established testimony," said Berry.
Computer technology specialists were scheduled to be called on Wednesday, July 19 to tell how they extracted several hundred e-mails exchanged over the computer between Christopher Porco and his parents. The e-mails cover a time period between January and November 2004 and are expected to show the personal and financial problems Christopher Porco had while attending the University of Rochester.