Porco appeal moves forward
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ORANGE COUNTY, N.Y. -- It was a high-profile trial that brought a media circus to Orange County in 2006, and now the case could be back in court.
Christopher Porco is the Albany County man and former University at Rochester student convicted back in 2006 of the murder of his father and the attempted murder of his mother.
State Court of Appeals Judge Robert Smith has granted Porco a second appeal based on a key piece of testimony used by the prosecution.
At issue is whether jurors should have heard an investigator's testimony that Porco's mother, Joan, nodded when police arrived at the scene and asked if her son committed the crime.
Porco's attorney Terry Kindlon said, "What it is, is it's called testimonial hearsay. She was answering specific questions under certain circumstances that did not involve the defense at all. And when that happens, it is necessary for the declarant - the person making the statement - to come into court and testify."
Both the defense and the prosecution would need to file plenty of paperwork before the case would move forward. Legal experts say that may not happen until next spring or even the fall.
Porco is currently at Clinton Correctional Facility serving a life sentence.