continued The defense, led by attorneys Terrence Kindlon and Laurie Shanks, believe police violated their client's constitutional rights the night Porco was questioned by authorities. "My sense is we really made a very persuasive case for exclusion of the videotape and all the information that was extracted during that interrogation," said Kindlon.
John Polster, a lawyer and close friend of the Porco family, was at the Bethlehem Police station the night Porco was questioned, but was not allowed inside the squad room. According to sworn testimony given at the pre-trial hearings, Porco stated that Polster was a family friend and not his lawyer.
Kindlon also tried to have Assistant District Attorneys Michael McDermott and David Rossi disqualified from handling the case because they were inside the Bethlehem police station the night Porco was being questioned. Kindlon believes Porco was never read his Miranda Rights. Porco signed a statement informing him of his rights, but was never orally read his entire Miranda Rights.
"A lot of issues will require extensive search to determine what is and isn't admissible," said Judge Berry during the pre-trial.
The defense will also file a motion to move the trial out of Albany County because of all the pre-trial publicity since the attacks.
"There is a real danger that it is virtually impossible for Christopher Porco to receive a fair trial, at least in Albany County," Kindlon said.
Meanwhile, Christopher Porco is out on bail and living at the home of Elaine LaForte and her family in Glenmont. Porco is also working at LaForte's business, Bethlehem Veterinary Hospital in Glenmont. He has worked there since 2000.
The trial is expected to start next week after jury selection is complete. Berry will allow up to 10 days for the jury to be picked. Joan Porco was present every day of the pre-trial hearings and is expected to be present when the trial begins. Peter Porco worked as a law clerk for the state Appellate Division in Albany County at the time of his murder. ""