"You never told him (Porco) that John Polster is waiting outside and has been there for the last three hours and 45 minutes," asked Shanks to Detective Rudolph.
"No," Rudolph responded.
Prosecutors then made it clear that Porco's request for a lawyer came only after police asked for a polygraph test.
"At no point does Mr. Porco ask for an attorney other than when you ask him to take a polygraph test, is that correct?" asked Assistant District Attorney David Rossi.
"That's correct," said Rudolph.
"What did Mr. Porco say about Polster?" asked Rossi.
"He (Porco) said he is a lawyer, but just a friend and that he did not hire an attorney," said Rudolph.
Shanks painted a different picture of the night police interrogated Porco. Shanks portrayed Porco as a young adult not read his Miranda Rights and not allowed to see his lawyer, who endured eight hours of questions from 8 p.m. until 4 a.m. the next day; a person who asked to be able to see his mother several times during questioning and then was left to go free early in the morning with no ride and nowhere to go because his parents' Brockley Drive home was now a crime scene.
"Did you ever tell him that when he was accused of murdering his father, that he has the right to an attorney?" asked Shanks.
"No," said Bowdish. "I told him I wanted to communicate what his mother told me. I told him several times I would not lie to him."
"But indeed you do lie to him (Porco) during the investigation," said Shanks.
"Yes," said Bowdish. "It is a tactic we use."
"So you then told him his mother said that he did it," said Shanks.
Porco then said, "My mother would never tell you I did it," read Shanks from the videotaped transcript.