Public waits for evidence ruling

— A toll ticket, a videotape, a nod, and a Miranda Rights issue are at the heart of the evidence being decided in the murder trial of Christopher Porco.

Porco is charged with killing his father Peter Porco and attempting to murder his mother Joan Porco with a firemen's ax as they were sleeping in their bedroom the early morning hours of Nov. 15, 2004 on Brockley Drive in Delmar.

The prosecution team, led by Albany County Assistant District Attorney Michael McDermott, believes Porco drove from the University of Rochester late Sunday night, Nov. 14, 2004, arriving in Delmar in the early morning hours of Nov. 15, cut the wires to the home security alarm and went upstairs while his parents were sleeping to attack them.

Judge Jeffrey Berry has already told both prosecutors and the defense team led by Terence Kindlon what evidence can stay and what can be thrown out when the trial begins in July. At The Spotlight's press time this week, the decisions had not yet been made public.

It is believed a six-and-a-half hour videotape made by Bethlehem Police the night after the killings will be excluded by the judge. The taped interrogation was made inside the squad room of the police department after Christopher Porco voluntarily decided to meet with police after arriving at Albany Medical Center to see his mother Joan who was in critical condition at the hospital.

Porco was never read his full Miranda Rights but initialed a document given to him by police advising him of his rights. A lawyer and close friend of Peter Porco, John Polster, told the court during pre-trial testimony he was acting as Porco's attorney at the time of the interrogation and was not allowed to see his client. Police maintain that on the videotape Porco denied having an attorney.

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