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Judge continues to weigh evidence admission; roommate's IM shows loyalty

— When asked to offer a motive for Porco's alleged "tall tales," McDermott said, "either Christopher Porco is engaging in fabrication as a pastime or Christopher Porco was exploring investment strategy in anticipation he would come into some money in the future."

Earlier in the day, Julia Cannizzaro, the confidential secretary to Third Appellate Department Judge Anthony Cardona, Peter Porco's employer, was called to testify on several key points, one of those concerning a will drawn up by Peter Porco. Assistant District Attorney David Rossi tried to have the will offered as evidence, to strong objection from the defense.

"There is no evidence Christopher (Porco) ever knew this will existed," said Defense Attorney Laurie Shanks. "Nor is there any evidence that he knew he was a beneficiary in this will." At first, Berry was ready to offer up the will as evidence to the jury.

"The people have a right to establish there was a will and defendant could gain from it," Berry first stated.

"Whether the people can link that will to the defendant's knowledge is a completely different issue," the judge added. Berry then took a few moments to read the will before deciding "it is not coming in today, only if I find a connection."

Cannizzaro testified that she did not remember any phone calls coming into the Appellate Department office for Peter Porco from his son Christopher on Monday morning, Nov. 15, a few hours after the law clerk's murder.

"I do not," Cannizzaro said as to whether she remembered Christopher Porco calling. "I remember very much that morning."

Christopher Porco repeatedly told friends and frat brothers from his college fraternity at the University of Rochester that he made several calls on Sunday and Monday morning before and after his parents were violently attacked. Witnesses, including close friend and college roommate Matthew Ambrosio, testified that Porco could not reach either parent.

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