Judge orders Porco trial to Orange County

"It will be a much greater strain on you than it will be on me," said Berry. "Instead of me staying locally you will all come down here and stay."

One of the 135 witnesses expected to testify for the prosecution is legendary forensic science expert and investigator Dr. Henry Lee, founder of the Forensic Science Program at the University of New Haven. Lee is considered an expert qualified court witness in not only forensic science, but blood splatter analysis. McDermott is expected to ask for Lee's opinion on a Thruway toll ticket prosecutors believe matches Porco's fingerprints with a mitochondrial DNA test recently performed on the ticket. It is the prosecution's contention that Porco left the University of Rochester on Nov., 2004 and drove down the Thruway to his home in Delmar where he killed his father Peter Porco and attacked his mother Joan with an ax while they were sleeping upstairs in the master bedroom before leaving the house and heading back on the Thruway to Rochester in the middle of the night.

"Has Dr. Lee done an evaluation?" asked Berry.

"He has been provided vital documents but has not generated any type of reports," answered McDermott. Kindlon considers an additional 1,556 pages of documents presented by the prosecutors along with this new evidence to be typical of the way the case has been handled so far by the Albany County District Attorney's office.

"This is trial by ambush and denial of due process," said Kindlon. "It's a snow job."

Attorney Michael Grygiel, representing specific media outlets, asked Berry if still photos could be taken during the trial. Berry said he will allow still photos but not televised coverage of the trial.

"I firmly believe the public has a right to know what's going on in the courtroom, the press should be here, and I stand by that," Berry said.

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