BETHLEHEM Nearly three weeks after his indictment, Christopher Porco will find out this week if he will be allowed out of Albany County Jail on bail.
After almost an hour of testimony from the defense and prosecution at last Wednesday's bail hearing, Judge Jefferey Berry of Orange County deferred his decision until this week.
Porco's lawyer, Terence L. Kindlon of Delmar, continues to insist that Porco is innocent and would not be a flight risk. In an impassioned and emotional argument at the hearing, Kindlon once again pointed out that Porco has stayed in his hometown since the attacks a little over a year ago.
He has not budged from this community, said Kindlon. "He could have lawfully moved anywhere in the last year, but he has stayed. He knew he was under suspicion and wanted to clear his name. His actions have clearly stated that he is not going anywhere."
In Porco's defense, Kindlon produced letters from people in the community vouching for Porco's good character and e-mails from Peter Porco to his son that indicate that their family life was normal and loving, despite rumors to the contrary. He also continued to stress that the prosecution has no clear cut evidence against Porco.
However, Albany County Assistant District Attorney Michael McDermott, in a far less emotional testimony, asserted that despite the outpouring of support from Porco's friends, family and the community at large, Porco is two-faced and has a history of forgery, burglary, fraud and now, murder.
"People can see that he has no formal interaction with the system, but we have proof of uncharged criminal conduct," he said.
According to McDermott, the prosecution has evidence that Porco forged a transcript from Hudson Valley Community College, which he attended during the spring of 2004. When he was expelled from the University of Rochester shortly after the attack on his parents, McDermott said Porco sent the transcript, which he changed to show he had aced his courses, to the University of Rochester, where he had hoped to be reinstated.