Tuesday, May 17, 2022
Subscriber Login
My Profile
SpotlightNews
  • Home
  • News
    • Business
      • Spotlight On Business
      • Spotlight on Finance
    • Crime
    • Discover-Towns
      • Discover Coeymans Selkirk and Feura Bush
      • Discover Delmar
      • Discover Glenmont
      • Discover Guilderland
      • Discover Latham and Boght
      • Discover Loudonville
      • Discover Menands
      • Discover Slingerlands
      • Discover Village of Colonie
      • Discover Voorheesville and New Scotland
    • Government
    • Milestones
    • Obituaries
  • Sports
  • The Spot 518
    • Galleries
    • Food and Recipes
  • Hot Spots Calendar
    • Calendar Listings
    • Submit Your Event
  • Opinion
    • Blogs
    • Our Opinion
    • Point of View
    • Your Opinion
  • Family Now
  • Classifieds
    • Employment – Hire Power
    • Services In the Spotlight
    • Classified Listings
    • Advertiser Login
  • Subscribe
    • Subscriber login
    • Give the gift of news
    • Join us – subscribe today
    • Newsletter sign up
    • Renew Subscription
No Result
View All Result
  • Home
  • News
    • Business
      • Spotlight On Business
      • Spotlight on Finance
    • Crime
    • Discover-Towns
      • Discover Coeymans Selkirk and Feura Bush
      • Discover Delmar
      • Discover Glenmont
      • Discover Guilderland
      • Discover Latham and Boght
      • Discover Loudonville
      • Discover Menands
      • Discover Slingerlands
      • Discover Village of Colonie
      • Discover Voorheesville and New Scotland
    • Government
    • Milestones
    • Obituaries
  • Sports
  • The Spot 518
    • Galleries
    • Food and Recipes
  • Hot Spots Calendar
    • Calendar Listings
    • Submit Your Event
  • Opinion
    • Blogs
    • Our Opinion
    • Point of View
    • Your Opinion
  • Family Now
  • Classifieds
    • Employment – Hire Power
    • Services In the Spotlight
    • Classified Listings
    • Advertiser Login
  • Subscribe
    • Subscriber login
    • Give the gift of news
    • Join us – subscribe today
    • Newsletter sign up
    • Renew Subscription
No Result
View All Result
Spotlight News
No Result
View All Result
Home News Crime

Appeal rests on a mother’s nod

Charles Wiff by Charles Wiff
September 13, 2011
in Crime, Porco Trial
Reading Time: 2 mins read

The state’s highest court heard arguments this afternoon from Christopher Porco’s attorney, who is seeking a new trial for his client who’s in prison for murdering his father and attempting to murder his mother.

Defense attorney Terence Kindlon and Assistant District Attorney Christopher Horn both spoke for 20 minutes before a panel of six judges. Kindlon is arguing Porco deserves a new trial because in his 2006 conviction the jury was allowed to hear testimony from police that Joan Porco, his badly injured mother, had identified Christopher as the assailant with a head nod in response to questions from police.

By the time of the trial, Joan Porco claimed no memory of the evening and professed her son’s innocence. A lower court heard the same appeal months ago and ruled that while the “excited utterance” should not have been admitted in the trial, the body of evidence against Porco was large enough it wouldn’t have swayed the outcome.

“I would submit that the appellate division was simply wrong,” said Kindlon at the hearing.

He argued that since Joan Porco had no memory of the night of the 2004 attack due to her extensive injuries, her son was denied his constitutional right to face his accuser.

“I would give anything to be able to cross examine Joan Porco because we don’t know what she meant” by her nod,” Kindlon said.

Horn, on the other hand, said the head nod is fair game because Joan Porco was available to testify at the trial. He also downplayed the importance of the nod, pointing to other evidence the prosecution presented, including a Thruway toll ticket with Porco’s DNA on it. Porco was said to have traveled from Rochester to Bethlehem to commit the crime.

But Judge Eugene Pigott wondered about the lower court’s determination that the nod was of little consequence in the trial.

“When a mother accuses a son of a crime, it’s huge. It’s everything you need,” he said to Horn.

Judge Robert Smith wondered if Joan Porco’s present lack of memory would be enough to exclude her actions on the night of the attack.

“Isn’t that what juries are for?” he asked.

The justices also discussed at length with the two attorneys whether police had the proper cause to question Joan Porco in the first place. Horn said it was clearly an emergency situation and drove police to question her as she lay gravely wounded.

He also defended the nod’s classification as an “excited utterance,” saying there was not way Joan Porco could have done anything else.

“I don’t think there’s a way to stop being excited as you’re getting hit in the head with an ax repeatedly,” he said. “You cannot make a calm and reflected utterance under those circumstances.”

Kindlon argued there’s no way of knowing what Joan Porco’s nod meant. She could have heard Christopher’s name and wanted him to be summoned to comfort her, he said. Police testified that she shook her head “no” when asked if her other son, who was stationed at sea at the time, had committed the attack.

The court is expected to render a decision during its next session in October. Porco was not allowed in court today as he’s serving a 46-year-to-life prison sentence.

Judge Victoria Graffeo recused herself from the case. The court does not issue explanations for recusals.

ShareTweetShareShare
Previous Post

Remembering the horrors of 9/11

Next Post

Lewza snatches Milton GOP primary

Leave Comment

Stay Connected with Us

Recent News

Photo/Albany Diocese

Former St. Thomas Priest and National Boy Scout Chaplain Father Gregory Weider placed on Albany Diocese list of credibly accused

May 15, 2022
Submitted photo

All winners at High School Musical Theatre Awards

May 15, 2022

BCSD school board candidate: John Walston

May 14, 2022

BCSD school board candidate: Robert Tietjen

May 14, 2022

Hot Stories This Week

  • Trending
  • Comments
  • Latest
Photo/Albany Diocese

Former St. Thomas Priest and National Boy Scout Chaplain Father Gregory Weider placed on Albany Diocese list of credibly accused

May 15, 2022

SPOTTED: Sand Creek Cast & Crew presents Seussical Jr.

May 13, 2022

SPOTTED: Bethlehem girls beat Shen; remain undefeated in Suburban Council play

May 11, 2022

BCSD school board candidate: Douglas Lloyd

May 14, 2022
Photo/Albany Diocese

Former St. Thomas Priest and National Boy Scout Chaplain Father Gregory Weider placed on Albany Diocese list of credibly accused

May 15, 2022
Submitted photo

All winners at High School Musical Theatre Awards

May 15, 2022

BCSD school board candidate: John Walston

May 14, 2022

BCSD school board candidate: Robert Tietjen

May 14, 2022
Spotlight News

Spotlight News, The Spot 518 and Capital District Family Now are divisions of Community Media Group, LLC. Our local offices are located at 341 Delaware Ave, Delmar, NY 12054. You can contact us at 518.439.4949.

Browse

Follow Us

  • About
  • Advertise
  • Contact the Editor
  • Employment
  • Our Team
  • Privacy & Policy

© 2021 Community Media Group, LLC - 341 Delaware Ave. Delmar, NY 12054. 518.439.4949

No Result
View All Result
  • Home
  • News
    • Spotlight On Business
    • Spotlight on Finance
  • Sports
  • The Spot 518
  • Hot Spots Calendar
  • Opinion
  • Subscribe
  • Newsletter Sign Up
  • Log In
  • Classifieds
    • Advertiser Login
  • Service Directory

© 2021 Community Media Group, LLC - 341 Delaware Ave. Delmar, NY 12054. 518.439.4949