BETHLEHEM Filing an appeal to overturn a court decision is a cumbersome process, and decisions can be based on minute legal technicalities.
Attorney Terence Kindlon, who represents Christopher Porco, has won many cases on appeal, and said he feels there is more than a good chance his client's murder conviction in August will be overturned.
"We think we have some very powerful arguments on appeal," said Kindlon.
Porco was convicted in August of killing his father, Peter Porco, and attempting to murder his mother, Joan, inside the family's Brockley Drive home in November of 2004.
Kindlon said his appeal centers on Joan Porco's head nod. Prosecutors told the jury that, while gravely wounded, Joan Porco acknowledged to investigators that her assailant was her son Christopher.
During Porco's murder trial, Kindlon said he felt the prosecution tried to elicit answers from Joan Porco that should not have been asked because she said she has no recollection of the attacks against her and husband Peter Porco in the early morning hours of Nov. 15, 2004.
"The prosecution should not have been permitted to ask those questions during trial," said Kindlon.
Kindlon said he and his legal team are sifting through mountains of documents to present the most thorough appeals case on behalf of their client, who sits in the Albany County jail awaiting a Dec. 12 sentencing.
"We have to make a recording of the whole case, from the first day to the last, including the verdict and sentencing," said Kindlon. "It will most likely run 3,000 to 4,000 pages when it is all put together."
Post-verdict motions will be filed with the State Appellate Court in mid November and a pre-sentencing memorandum will follow. Kindlon said he fully expects his client to receive the maximum sentence from Judge Jeffrey Berry.
"Everybody who has been involved in this case from start to finish knew the stark reality of sentencing," said Kindlon.