BETHLEHEM The defense in the Christopher Porco murder trial made an attempt to cast reasonable doubt into the minds of jurors based on a pathologist's testimony of Peter Porco's time of death.
Pathologist Dr. Jeffrey Hubbard was called on Thursday, July 27 as an expert witness for the prosecution regarding the autopsy he performed on the murder victim. By the end of the day's testimony, Hubbard told the jury that, as coroner at the scene of the crime, he estimated that Peter Porco's time of death was anywhere between the hours of 1:30 and 6:30 a.m. on the morning of Nov. 15, 2004.
This proves it is impossible for Mr. Porco to have killed his father, said Defense Attorney Laurie Shanks to Judge Jeffrey Berry, who decided to allow Shanks to ask questions regarding time-of-death calculations.
Hubbard arrived at the scene of the crime at 36 Brockley Drive in Delmar at about 1p.m., and based his time-of-death calculations on the body temperature of the murder victim combined with outside factors such as room temperatures, outside temperature and weather.
"The calculations I did do not meet my own standard of a reasonable degree of certainty," said Hubbard.
Shanks said Christopher Porco was last seen at the University of Rochester on Nov. 14, 2004 at 10:30 p.m., and even if jurors believed he drove the length of the Thruway to get to 36 Brockley in Delmar, he would not be able to arrive until at the very least 1:30 " 2 a.m. Witnesses have testified that Peter Porco wandered about the house after his injuries, and Shanks said if Hubbard's calculations are accurate, then Christopher Porco did not commit the crime.
"If you combine his testimony of the time of death with the fact that Peter Porco lived for several hours after the attack, the reality is that Christopher Porco did not kill his father," Shanks said.