Remembering A Murder

46m
In November 2004, New York couple Peter and Joan Porco were brutally attacked in their bed with an ax. Peter died at the scene. Joan survived and nodded “yes” when a detective asked her if her son Christopher was their attacker. After she recovered from the attack, Joan said she didn't recall that nod and that Christopher was innocent. “48 Hours" Correspondent Peter Van Sant reports. This classic "48 Hours" episode last aired on 8/17/2013. Watch all-new episodes of “48 Hours” on Saturdays, and stream on demand on Paramount+.

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Runtime: 46m

Transcript

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Speaker 3 On a Monday in November 2004, lawyer Peter Porco didn't show up for work.

Speaker 2 The couple was attacked in their bed.

Speaker 4 The killer remains on the loose.

Speaker 2 The attack could be linked to a mafia hit.

Speaker 3 I would describe the attack as brutal, savage. It was very personal.

Speaker 3 Peter was a lawyer for a very prominent judge. His wife, Joan, is a speech therapist who works in a local school district.
They had two sons. They seemed to be living the perfect life.

Speaker 3 I'm Mike McDermott. I'm the chief prosecutor for Albany County.

Speaker 3 The evidence at the crime scene told us that the killer entered the Porco residence sometime after 2 a.m.

Speaker 3 He disabled the alarm.

Speaker 3 He went into the garage where he obtained an axe.

Speaker 3 Goes upstairs to the master bedroom where Joan and Peter Porco are sleeping.

Speaker 3 He's standing on Joan's side of the bed and then he begins to savagely attack them, first Peter and then Joan.

Speaker 3 He swung the axe dozens of times, striking them in the face and the head, leaving horrific injuries.

Speaker 3 After the assault, the killer left the axe at the foot of the bed. He went went outside and he cut the phone wires.

Speaker 3 And then he fled into the night.

Speaker 3 Incredibly, at some point, Peter regained consciousness and got out of bed and went to the master bathroom.

Speaker 3 We can tell that he stood right in front of the mirror over the basin and bled.

Speaker 3 From the master bathroom, he went down the hallway,

Speaker 3 down the stairs, walked down the first floor hallway.

Speaker 3 It appears that Peter was wandering around trying to do his normal morning routine.

Speaker 3 Based on his injuries, I think Peter was in profound shock.

Speaker 3 He went into the kitchen and walked around, it appears aimlessly

Speaker 3 doing mundane things like trying to empty the dishwasher.

Speaker 3 He may even have been trying to make his lunch.

Speaker 3 We can tell that he opened the front door and at least poked his head out because there's drops of Peter's blood on the concrete porch out front.

Speaker 3 At some point, Peter collapsed at the base of the stairs and died.

Speaker 2 Authorities say even forensic findings may not be enough to solve this case.

Speaker 3 I'm Detective Chris Bowdish. I'm a crime scene investigator and I've been one for the past 20 years.

Speaker 3 My officers were in the house clearing it looking for a possible perpetrator when one of the officers told me that there was somebody still alive upstairs.

Speaker 3 And I noticed a female laying crossways in that bed. And as I looked at her, she held her hand up and she was gesturing me over.
I was amazed that she could do this.

Speaker 3 I walked over to her, looked down at her, and noticed these huge hack marks in her face. She could not speak.
And I knew that the possibility is that she could die any minute.

Speaker 3 I asked her a series of questions and amazingly

Speaker 3 Joan Porco could answer the questions through head nods and the answers that she gave me absolutely blew this case wide open. She did indicate to me who had done this to her.

Speaker 2 Detective Chris Boutish couldn't believe what he was seeing.

Speaker 2 Minutes after discovering the body of Peter Porco,

Speaker 2 he was certain he was about to learn the identity of the killer from Peter's dying wife, Joan.

Speaker 3 And I said to her, Can you hear me? And she nodded her head yes.

Speaker 3 I then started feeling that this woman knows what's going on.

Speaker 2 Although Detective Boutish had only been in the house for minutes, he also felt he knew what was going on.

Speaker 3 I could see there was no break-in. There was no forced entry.

Speaker 2 Instead of a broken lock, there was a house key in the front door. It was a spare key that was usually hidden in a flower pot by the front entrance.

Speaker 3 The house wasn't what we call tossed. The drawers weren't pulled out.
They weren't dumped.

Speaker 2 In the dining room, Joan's purse and its contents, credit cards, money, all undisturbed.

Speaker 3 It put a creepy feeling right up the back of my spine because I was looking at the scene. I was looking at how absolutely devastatingly gory it was.

Speaker 3 But I'm feeling that it was an inside job.

Speaker 2 But who would want to harm Joan and Peter Porco? Married 30 years, the couple lived in Bethlehem, New York,

Speaker 2 a bedroom community just outside of Albany. They had two sons, 23-year-old Jonathan in the Navy in South Carolina, and 21-year-old Chris, a student at the University of Rochester.

Speaker 2 I mean, were they the classic all-American family?

Speaker 4 Absolutely.

Speaker 2 Town Supervisor Terry Egan knew the family well.

Speaker 4 You have two boys that did well in high school. Both competed athletically.
Joan attended church on a daily basis. Peter was the most giving, generous man I think I've ever known.

Speaker 2 In a strange coincidence, Detective Boutish had met Joan and Peter Porco two years earlier when they reported the theft of laptops during a burglary. He also learned that they had two sons.

Speaker 2 Now at the crime scene, Detective Boutish was wondering, where were Jonathan and Christopher?

Speaker 3 I didn't know if they still lived in town or they were someplace else, but I do know everything that I learned inside that house in those few minutes indicated to me that this was a very good possibility that it could be either a family member or somebody known to the family.

Speaker 2 As the paramedics struggled to get Joan oxygen,

Speaker 2 Detective Bowdish approached her.

Speaker 3 I said, did a family member do this to you?

Speaker 3 And she nodded her head up and down.

Speaker 2 Clearly, yes.

Speaker 3 Now, everybody in the room stand there at this point. I've got witnesses.

Speaker 2 First responders Kevin Robert, Jim Regan, and Dennis Wood couldn't believe it.

Speaker 3 I've never seen anybody with this massive of facial and head trauma and still be alive and actually able to communicate like she was.

Speaker 2 Joan had been following directions like straighten your arm and stop moving your legs.

Speaker 2 But this was different.

Speaker 2 Before their eyes, Joan was about to identify the killer. The paramedics watched as she nodded her head in response to the detective's questions.

Speaker 3 And I said to her, did Jonathan do this to you?

Speaker 3 And she clearly shook her head back and forth. No.

Speaker 3 At this point, I knew she could hear me. I knew she understood the answers, the questions.

Speaker 3 And I said to her,

Speaker 3 did Christopher do this to you?

Speaker 3 And she then shook her head up and down. She nodded.
Yes.

Speaker 3 He did.

Speaker 2 Within minutes, Joan was rushed to the hospital. And police began looking for Christopher.
Authorities want to question one of their two sons, Christopher, a student at the University of Rochester.

Speaker 2 More than 200 miles away, Christopher Porco says he didn't know police wanted to talk to him. He says he was sitting in his dorm when he got a phone call from a local reporter.

Speaker 3 And she

Speaker 3 asked me if I had any comment on my parents being killed that day.

Speaker 3 I kind of dropped the phone and was completely shocked and disbelief. I called the Bethlehem Police Department.

Speaker 2 Hi, my name is Chris Porco. I was just called by the Times Union saying that my parents were found dead this afternoon.
I was wondering if you had any information on me.

Speaker 3 And the woman on the phone said that she couldn't tell me anything but that they would call me back. So I sat in my room and waited.

Speaker 2 Within the hour, police confirmed his father was dead.

Speaker 3 My father is a fun-loving, wonderful man.

Speaker 3 Family came first, always.

Speaker 3 He loved his job,

Speaker 3 but he always managed to be around for my brother and I.

Speaker 2 Christopher's brother Jonathan learned the devastating news at his Navy base in South Carolina as an uncle rushed Christopher to the hospital where he was eventually allowed to see his mother.

Speaker 3 You know, I saw her and she was swollen and covered in tubes. And my reaction was, you know, I burst into tears and fell on the floor right there.

Speaker 2 As Joan underwent emergency surgery, Christopher agreed to go to the police station where he was questioned for six hours.

Speaker 3 I wanted to be as helpful as I could. I knew that in cases like this, you know, the quicker the better.

Speaker 3 So I wanted to give them whatever they needed to figure out who did it.

Speaker 2 This is a question that people would want me to ask you directly.

Speaker 2 Did you drive over to your parents' house, go up into their bedroom, attack them with an axe, killing your father and gravely wounding your mother?

Speaker 3 You know, I can't say it enough.

Speaker 3 Absolutely no.

Speaker 3 I

Speaker 3 would never do anything like that to anyone, let alone my parents, who I love dearly.

Speaker 2 Detective Boutish's number one priority: finding out where Christopher was at the time of the attack.

Speaker 3 He told us that he was in the lounge that night, all night, all night long.

Speaker 2 But was he?

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Speaker 2 Some 16 hours after Joan Porco identified her son as her attacker,

Speaker 2 detectives were knocking on doors at Christopher's dorm at the University of Rochester.

Speaker 3 His whereabouts that night was very, very important to us.

Speaker 2 But it quickly became clear that none of his frat brothers could back up Christopher's alibi.

Speaker 2 That he was asleep on the couch in the dorm lounge.

Speaker 3 It just so happened that some guys were up, and we stayed up until like 3.30 a.m.

Speaker 3 It's a square room and some couches and TV. It's not like we, well, maybe he was there, we overlooked him, and he wasn't there.

Speaker 2 Detectives searched his room, taking clothes and a computer. They even impounded his car,

Speaker 2 a bright yellow Jeep Wrangler.

Speaker 2 Back at Albany Medical Center, Joan Porco remained unconscious, clinging to life.

Speaker 3 She had many, many hours of surgery the night of the attack. I still didn't think his mom was going to make it at that point, and he didn't seem to.

Speaker 2 Former youth minister Joe Catilano rushed to Joan's bedside to comfort Christopher.

Speaker 2 He was struck by his odd behavior. Did you sense any bit of grief with Chris? No.

Speaker 3 No, that's what was so bizarre.

Speaker 3 None whatsoever.

Speaker 2 By now, Christopher had become the prime suspect in the murder, but police had to figure out how he could have done it.

Speaker 2 Christopher was here at the University of Rochester the morning his parents were discovered, more than 200 miles from the crime scene.

Speaker 2 And while his fraternity brothers hadn't seen him the night before, another student did see him out jogging the next morning.

Speaker 2 The case appeared to hit a wall until investigators decided to check several campus security cameras. What they saw changed everything.

Speaker 3 He told investigators that he never left campus.

Speaker 2 Prosecutor Mike McDermott.

Speaker 3 As soon as we get the surveillance video, we see that obviously he's lying.

Speaker 2 The image is grainy, but one thing is clear. It's Chris's bright yellow Jeep driving through a campus parking lot.
What's more, the camera records the time of day, 10.30 p.m.,

Speaker 2 just hours before the attacks.

Speaker 2 10.36 p.m.

Speaker 2 That same yellow Jeep is captured by a surveillance camera on the roof of a medical center off campus, headed east.

Speaker 2 From this moment, prosecutors develop a theory for how they believe he committed the crime.

Speaker 2 10.45 p.m. New York State Thruway toll collector John Fallon thinks he remembers handing a ticket to a young man driving a yellow Jeep Wrangler with big tires.

Speaker 2 1.51 a.m.

Speaker 2 Another toll collector believes she may have seen a yellow Jeep driven by a young white male speeding into her lane at exit 24 in Albany.

Speaker 2 The The Porco home is just nine miles away.

Speaker 2 Prosecutor David Rossi. How did he get into the house?

Speaker 3 What he did was he used a spare key that was kept under a pot in front of the front door.

Speaker 2 2.14 a.m.

Speaker 2 Police believe Christopher deactivates the burglar alarm using the master code.

Speaker 1 Later,

Speaker 3 he smashed the alarm keypad in an attempt to hide that. The information is stored

Speaker 3 on a box in the basement, which we believe Chris probably didn't know that, so smashing the keypad did nothing.

Speaker 2 Investigators believe Christopher then grabbed an axe from the garage, crept upstairs,

Speaker 2 and savagely attacked his parents in bed.

Speaker 3 He was attempting to mutilate his parents and the focus was on their faces.

Speaker 3 It's clearly a very personal act.

Speaker 2 4.54 a.m. Phone company records show the phone line is cut.

Speaker 3 Before he left, he staged the house so it appeared that an outsider was the one who entered, cut the phone line, cut the screen of the garage, got back in his Jeep.

Speaker 2 5.12 a.m., Christopher re-enters the New York State Thruway, investigators say, heading back towards Rochester.

Speaker 2 And finally, at 8.30 a.m., a yellow Jeep is again captured by cameras on the roof of a medical center, headed back in the direction of the University campus.

Speaker 3 It all fits perfectly. That's Chris leaving to kill his parents, and that's Chris returning after he's done the deed.

Speaker 2 But how are prosecutors so certain it's Chris's Jeep?

Speaker 3 We don't have his license plate on the video. We don't have a picture of the driver.

Speaker 2 But they do have decals

Speaker 2 and a telltale mud stain.

Speaker 3 The same mudstain. It's better than a fingerprint.

Speaker 2 On November 4th, 2005, Christopher Porco was charged with the murder of his father and attempted murder of his mother.

Speaker 3 I can't imagine attacking anyone, let alone my parents, in that way. It's not something I would ever do.

Speaker 2 Chris admits that's his Jeep on the surveillance video, but says he was just moving it to park off campus.

Speaker 2 By the time he returned to the dorm lounge, he says his frat brothers had gone sleep.

Speaker 3 The surveillance cameras, you know, on campus don't show me going to the throughway. They don't show me going home.
You know, they show me going off campus.

Speaker 3 If I wanted to do something like this, you know, if I wanted to sneak home on the throughway,

Speaker 3 why would I take a big yellow car? I mean, that makes no sense to me.

Speaker 2 You've got that surveillance video, but all that tells you is that he left campus. It doesn't tell you where he went.

Speaker 3 We've got Marshall Goki, who sees the Jeep in the driveway at 4 o'clock.

Speaker 2 Marshall Galky, a Porco neighbor, says he was driving past the Porco home on his way to work at 4 a.m. on the day the bodies were discovered, when he spotted a familiar yellow Jeep in the driveway.

Speaker 3 I have no doubt in my mind whatsoever that that was Chris Porco's Jeep. It was the same Jeep that's always been there.

Speaker 3 You couple Marshall Galky with the surveillance videos, with the toll takers, with the fact that the alarm is deactivated by someone who knew the the master code, then Marshall Goki fits just like the jewel on the top of the crown.

Speaker 2 But a stunning development is threatening to topple the prosecution's entire case. And it involves their star witness, Joan Porco herself.

Speaker 2 Because Joan, now recovered from the attack but severely scarred, says she has no memory of anything that happened that night and no recollection of indicating by nodding that her son Christopher was the attacker.

Speaker 2 And Joan is going on the offensive, publicly claiming that her son is innocent.

Speaker 2 There you go.

Speaker 3 It's quite the challenge. We obviously don't want to be antagonistic toward Mrs.
Porco. I mean, she is

Speaker 3 the most sympathetic victim that I've come across. Place to say that I'm absolutely innocent, and I'm looking forward to trial.

Speaker 2 A month after he's charged, Christopher is free again, out on bail, posted by a large circle of family and friends, all of whom are convinced of his innocence.

Speaker 2 Until trial, he'll be living with Elaine LaFort, a veterinarian who Chris has worked with for years and who says Chris is like a son to her.

Speaker 9 Chris likes animals. He's always gentle with them.
He's not a physically violent person.

Speaker 2 And she's convinced the prosecution has no case against Chris.

Speaker 9 I'm aware of evidence that they did find at the crime scene that makes me believe that it was not Christopher.

Speaker 2 That evidence? A lone fingerprint Chris's attorney says was found just inches from where the telephone wire was cut. Whose fingerprint do you think it is?

Speaker 10 I think it's the killer's fingerprint.

Speaker 10 Every single person who has known him has said he didn't do it. He loved his parents.
His parents loved him.

Speaker 2 Attorney Lori Shanks, a professor at Albany Law School, and her law partner and husband Terry Kinlan, say the police have cooked up a flimsy circumstantial case against Christopher Porco.

Speaker 5 What links Christopher to this crime is the malignant imagination of the police department which decided within the first we think five minutes that Christopher was the person who killed his father and attacked his mother.

Speaker 2 But Kinlan says that rush to judgment is based on their misguided belief that Joan Porco knew what she was doing when police say she identified her son as the killer with a nod.

Speaker 10 She is horrified and she keeps saying to me, how can they do this? How could they say that I said this?

Speaker 2 Were these the movements of a woman in shock?

Speaker 3 No, I think that she was able to meaningfully communicate. The EMT spoke to her, giving her instructions to move a certain way, to stop doing things, and that she was responding appropriately.

Speaker 11 It is certainly quite possible that she would be able to follow simple commands, but being able to follow a simple instruction doesn't require memory.

Speaker 2 Dr. Mary Dombovey is one of the most respected neurologists in Rochester.
She's been treating Joan and will be testifying for the defense at trial.

Speaker 2 You're saying that Joan could have followed commands. Raise your arm, and she'd raise her arm.

Speaker 2 But if they're asking questions of memory, that's a different part of the brain.

Speaker 11 Very different. Very different function.
And that is universally what is disrupted after a traumatic brain injury. She could have simply been responding to the name Christopher.

Speaker 2 The defense believes prosecutors are relying on Jones Nod because there's a major flaw in their case. Not a shred of forensic evidence links Chris to the crime.

Speaker 2 You're telling me with all the blood that's in that house, there's not a single bloody fingerprint, there's not a single bloody footprint that puts Christopher inside that house? No.

Speaker 5 Just as significantly, the police took possession of his Jeep and bolt by bolt they disassembled it. No blood, no hair, no clothing, nothing.

Speaker 2 And what about that surveillance video, which the prosecution considers a key piece of evidence?

Speaker 5 We don't think it's a problem at all.

Speaker 5 The fact is that Christopher's Jeep was parked off campus.

Speaker 2 So you're saying that may very well be his vehicle, but he was just moving it to park it off campus. Right.

Speaker 5 That's all that the tape could possibly establish.

Speaker 2 And after parking his car,

Speaker 2 Shanks and Kinlan say Chris wandered around until sometime after 3.30 a.m. when he returned to the dorm lounge and fell asleep.
Chris Porco is not a ghost.

Speaker 2 If he was on the couch in the lounge, someone would have seen him.

Speaker 5 When the lounge was empty, he went in there, he lay down, he went to sleep.

Speaker 2 And Kinlan says he knows why the Porco's alarm was disabled using the master code.

Speaker 5 Peter Porco had the habit of shutting down the alarm alarm to let the dog go out and neglecting to put the alarm back.

Speaker 2 And Schenck says it was most likely Peter, barely conscious and bloodied, who put the key in the front door.

Speaker 10 May very well be that he believed that he was locked out and used that key to get back in in his disoriented state.

Speaker 2 And as for neighbor Marshal Gokie's eyewitness Jeep sighting.

Speaker 5 We think that he was desperately trying to help the police. There were two yellow jeeps that normally parked and traveled through that neighborhood.

Speaker 2 False memory.

Speaker 5 False memory.

Speaker 2 The real killer, say Chris's lawyers, may be the person who left a fingerprint on the telephone box in the backyard just inches from where the phone line was cut.

Speaker 10 Whose fingerprint is it? We know it's not Christopher's, it's not Jones, it's not Peter's, it's no one from the phone lines, and it's...

Speaker 2 Whose fingerprint do you think it is?

Speaker 10 I think it's the killer's fingerprint.

Speaker 2 What's more, just weeks before the attack, Chris's attorneys say Joan Porco saw a stranger in her driveway.

Speaker 10 Joan had told more than one person that she was very frightened and a stranger was there and ran when the light came on.

Speaker 2 But prosecutors say they've checked out all these possibilities and none of them lead anywhere.

Speaker 3 There was a slow, painstaking, methodical investigation to reveal every scintilla of proof that he committed this crime before he was charged.

Speaker 2 And they dispute the defense notion that Christopher Porco was a sweet, innocent young man. Police discovered it was Chris who stole his parents' laptops and later sold one on eBay.

Speaker 3 Christopher Porco has shown one face to his friends and family and has shown another face that we've uncovered during the course of this investigation.

Speaker 3 He had portrayed a persona of wealth to all of us.

Speaker 2 Chris even deceived his fraternity brothers, inventing a phony life as a rich kid.

Speaker 3 It wasn't so strange that he'd go and bankroll a party. It's like, yeah, well, he's very wealthy.
He said his grandmother was a wealthy landowner,

Speaker 3 owned much of the land in Fairfield County, Connecticut. His parents had a lodge in Vermont and

Speaker 3 a house down in the Bahamas or something, right?

Speaker 2 Aruba. Aruba.
But in reality, prosecutors say Chris was flunking out of school here at the University of Rochester and deeply in debt. His extravagant lifestyle was pure fantasy.

Speaker 2 And in the days leading up to the attack, Christopher's father discovered that Chris had forged his signature to obtain a car loan and a $31,000 loan to pay for school.

Speaker 2 Peter Porco sent Chris a series of angry emails.

Speaker 2 Calling his son out of control. And Joan told Chris his father was about to have a nervous breakdown.

Speaker 3 At one point, Peter tells his co-worker that he thinks his son Christopher is a sociopath.

Speaker 2 Prosecutors say Chris was broke and desperate. That's when they say he hatched a plan that would solve all his problems.

Speaker 3 They're only worth $60,000 alive. Dead, they're worth $1.1 million.

Speaker 2 Prosecutors say there's a motive in this case that you were in debt and that this attack, you attempted to kill both parents to inherit money.

Speaker 3 To me that's absurd. I could never trade money for my parents' lives.

Speaker 5 There simply is no motive in this case. It just doesn't make any sense.

Speaker 2 And Chris's attorneys say they have proof that the relationship between Chris and his parents was on the men.

Speaker 10 The very last email he sends his son says, I've paid for your school for the fall, and we'll talk about the spring when you come home for Thanksgiving.

Speaker 2 Are you optimistic going to trial?

Speaker 3 I would like to thank it would be a not guilty verdict.

Speaker 3 I certainly believe it should be. It's about

Speaker 3 clearing my name to show people that I would never do this to my family. You know, I love them.

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Speaker 2 The prosecution talked about Peter Porco's final hours as

Speaker 3 still going on right now in the jury that will decide whether Porco goes to jail or remains free.

Speaker 2 19 months after the savage attack that left her husband dead and her life forever disfigured, Joan Porco walks side by side into court with the man accused of the brutal crime, her own son.

Speaker 3 You know, if she thought I had done it, you know, she would, I'm sure, still love me, but

Speaker 3 I think her, you know, her attitude would be much different.

Speaker 2 She'd want you held responsible.

Speaker 3 Of course, absolutely. Absolutely.
Mrs. Porco is in an incredible situation.
Think about this for a moment.

Speaker 2 David Sores is the Albany County District Attorney and leads the office that is prosecuting Christopher Porco.

Speaker 3 In order to bring about justice for Peter Porco and Mrs. Porco, we as prosecutors have to destroy her son.

Speaker 2 For seven weeks, the prosecution and defense battled over the bloody details of this circumstantial case.

Speaker 2 More than 80 witnesses took the stand, captured by a newspaper photographer, the only camera allowed in the courtroom.

Speaker 2 Paramedics Kevin Robert and Dennis Wood testified that they saw Joan Porco nod when asked if Chris was her attacker.

Speaker 3 It certainly appeared to me that she knew exactly what he was asking and she knew exactly what she was responding to.

Speaker 2 But Joan's neurologist Dr. Mary Dombovi told jurors it was unlikely, given Joan's severe injuries, that she understood what she was being asked.

Speaker 11 I think that information is entirely unreliable. I can't recall anyone who is this severely injured who actually remembers the event.

Speaker 2 Prosecutors attacked Chris's alibi, calling nine of Chris's fraternity brothers to the stand.

Speaker 3 We marched in everybody who was in that lounge that night, and they all said, Porco wasn't here. We know he wasn't here.

Speaker 2 Prosecutors told the jury that's because Chris Porco was on his way to commit murder. Their key piece of evidence, that surveillance video.

Speaker 2 But defense attorneys told jurors that Tate merely showed Chris leaving campus, not driving to his parents' house.

Speaker 10 There's no question he left at 10.30. He wasn't allowed to park on campus.

Speaker 10 But it doesn't prove anything about where he was between 10.30 when he had to leave campus and the next morning when he parked legally.

Speaker 2 But jurors heard from the two toll collectors who remembered seeing a yellow Jeep like Chris's on the night of the murder.

Speaker 2 And neighbor Marshal Goki told his story that he saw Chris's Jeep in the Porco driveway on the morning of the attack. It's a yellow Jeep Wrangler, wide tires all the way around it.

Speaker 5 Would Christopher be stupid enough, would anybody be stupid enough to park a Jeep that looks like that in the driveway in front of the house if, in fact, he was there to commit a crime?

Speaker 5 It doesn't make any sense.

Speaker 2 The defense called into question the prosecution's entire case, suggesting it was the real killer who left that unidentified fingerprint on the telephone box.

Speaker 2 And forensic scientists reminded the jury that not one drop of blood from the crime scene was found on Christopher.

Speaker 3 First of all, we don't believe he got a lot of blood on him when he committed the crime. Number two, Christopher had plenty of time in the house to change his clothes.

Speaker 3 And number three, Christopher works in a veterinary hospital. He's been trained how to avoid contamination.

Speaker 10 It defies common sense.

Speaker 10 You hit somebody 15 or 20 times with an axe and you pull it back and you hit somebody and you hit somebody and you hit somebody, you're going to have blood on you.

Speaker 10 And the reason Christopher doesn't have blood on him is because he didn't do it.

Speaker 2 Christopher's brother, Jonathan, testified that his relationship with Chris was strained, but he was never asked whether he thought his brother committed the crime.

Speaker 2 Then it was time for the woman who had been attacked in her bed, struck with an axe and left to die, to take the stand.

Speaker 2 With a nod of her head, Joan Porco had turned her son into an instant murder suspect. Now she hoped to convince jurors that her nod meant nothing.

Speaker 2 With grace and determination, displaying the scars of her attack, Joan told the jurors she had no memory of that night.

Speaker 2 But she was certain of one thing. Her son Christopher did not commit this terrible crime.

Speaker 10 Joan told the jury that her son was a kind, loving, compassionate person

Speaker 10 who reminded her of her husband Peter, that he did not have a violent bone in his body, and that she knew that he would never hurt her or his father.

Speaker 2 Joan Porco has never spoken in public about the case and has turned down our numerous requests for an interview.

Speaker 2 But during a break in the trial, she did allow us to shoot Christopher's 23rd birthday party.

Speaker 2 Happy birthday, dear Christmas.

Speaker 2 Happy birthday

Speaker 2 to you.

Speaker 3 Is this Chris's life story, Joan?

Speaker 2 Is that what this is?

Speaker 16 Yes, it's a snapshot of different times during his life.

Speaker 2 What goes through your mind, Chris, when you look at a picture like that of your mom and dad? Oh. Oh my gosh, that's a fitness face.

Speaker 3 Makes me miss him.

Speaker 3 Well, at the same time,

Speaker 3 it makes you happy.

Speaker 2 Where is your optimism, pessimism meter right now?

Speaker 2 How are you doing?

Speaker 3 You know, as far as guilt or innocence, you know, I'm very optimistic with how things have been going and how they will go.

Speaker 10 I think we want to talk about the evidence they had.

Speaker 2 As his attorneys prepared for closing statements, Chris, who chose not to take the stand, wished he could send a message to the jury.

Speaker 3 To not jump to conclusions and to look at everything, you know, as they should.

Speaker 3 I think that once you look at the whole picture, it's pretty clear that things just don't add up.

Speaker 10 Thank you, Your Honor.

Speaker 2 In closing arguments, which the judge allowed us to videotape, Defense Attorney Lori Shanks attacked the entire police investigation, which began, she said, with a false premise.

Speaker 10 What Dr. Don Bovey told us is it would be impossible that she would have any memory of the attack.

Speaker 2 Shanks asked drors to remember that not a shred of forensic evidence links Chris to this crime.

Speaker 10 What I will ask you to do is to think. What is the evidence in the case? Chris's life will go from our hands to your hands now.

Speaker 3 I told you in the beginning of this case, ladies and gentlemen, it started with the nod of Joan Porco as she lay in the bed after the attack. Was it Christopher?

Speaker 3 She said yes.

Speaker 2 Prosecutor Mike McDermott said there was more than enough circumstantial evidence to find Chris guilty.

Speaker 14 Using the master code to disarm the alarm when he went to his parents' house that morning, ladies and gentlemen, was like dropping his wallet at the crime scene.

Speaker 2 McDermott leaves the jury with two options.

Speaker 3 One, is that Christopher Porco is guilty, or number two, that Christopher Porco is the unluckiest man on the face of the planet.

Speaker 2 After a seven-week trial, both sides in this murder case expect the jury to be out for a long time.

Speaker 3 There's no way this jury is going to be able to process this information and come to a collective decision in something less than a week's time.

Speaker 2 But less than six hours later.

Speaker 18 Mike Carey here with a special breaking news update from Goshen where the verdict has been reached.

Speaker 18 Would you kind of understand that?

Speaker 2 As the jurors came into the room, what did you see on their faces?

Speaker 3 They weren't smiling.

Speaker 19 People of the state of New York against Christopher Corpo.

Speaker 2 Jury files back in. Are you a little nervous?

Speaker 3 Yeah, a lot nervous.

Speaker 5 A lot nervous.

Speaker 3 And this was the moment of truth.

Speaker 2 State of New York and Christopher Forco.

Speaker 19 Count one, murder in the second degree. What's your verdict?

Speaker 17 Guilty.

Speaker 19 Count two, attempted murdering the second degree. Your verdict?

Speaker 17 Guilty.

Speaker 2 That verdict you had. Yes, sir.

Speaker 2 When the verdict was read, you were emotionless.

Speaker 2 Why?

Speaker 3 Well, definitely it was, you know, the shock of it, of course.

Speaker 3 You know, but also, Lori had told me that,

Speaker 3 you know, whatever the outcome, that I should, you know, just not really try and show much emotion.

Speaker 2 The verdict came so suddenly, Joan Porco wasn't there in time to hear her son's fate.

Speaker 10 Christopher's first words to me when we sat down was, will you please be the one to tell my mother?

Speaker 10 And he was very upset. By the time we got back to the hotel, someone had already called her.

Speaker 10 And so I was with her within minutes, and she hugged me and was just devastated.

Speaker 11 Chris, are you guilty as Charles eh?

Speaker 3 How are you guilty? We're very pleased, obviously, by the verdict. But it's just so sad, you know? The whole thing is so sad.
I don't know what's going to happen to Mrs. Porco from here on out.

Speaker 10 When we first went back into the jury room to deliberate, I was totally heartbroken for that woman.

Speaker 10 We all were, I think.

Speaker 17 Yes.

Speaker 2 Ultimately, jurors say the prosecution's timeline proved devastating for Christopher, and his alibi just wasn't convincing.

Speaker 10 The evidence was very compelling. Circumstantial though it was, it was very compelling.

Speaker 2 But remarkably, the one thing jurors want Joan Porco to know is that her nod to Detective Boudish played absolutely no role in their verdict.

Speaker 17 We believe that

Speaker 4 she didn't know what she was nodding to, that she had no idea what the question was.

Speaker 17 And we threw that out. We dismissed that completely.

Speaker 3 You know, it's one thing for a juror to say that on TV, but it's another thing for them to actually believe that.

Speaker 3 It would not have been possible for me to do this with the lack of evidence there was. It's just not possible.

Speaker 2 Do you still say today that the real killer is out there somewhere?

Speaker 3 There's no doubt in my mind. I know that they're out there.

Speaker 3 At this point, I have little confidence that they'll ever be caught.

Speaker 17 And I just hope one day he stands up and lets his mom rest by saying, Mom, I did this. It wasn't something that you did.

Speaker 17 Your nod

Speaker 11 didn't do it.

Speaker 17 It was me. I did it.
And I just hope one day he does that.

Speaker 17 Chris

Speaker 3 thinks he's smarter than everybody else. He thought he was smarter than everybody else that night.
He thought he committed the perfect crime. He didn't.

Speaker 2 While Mrs.

Speaker 3 Porco may not think so, and while the verdict brought more tragedy to her life,

Speaker 3 justice was absolutely served by that guilty verdict.

Speaker 20 In the spring of 2013, Lifetime Television Network turned Christopher Porco's story into a TV movie called Romeo Killer.

Speaker 3 So I ask myself,

Speaker 3 why does somebody take an axe

Speaker 3 to his parents?

Speaker 3 You...

Speaker 2 You think I did this?

Speaker 3 Maybe because he's living a fake lifestyle and he knows he's about to get caught.

Speaker 20 The real Christopher Porco took lifetime to court to try to ban the movie, saying it was fictionalized.

Speaker 3 Was it Christopher?

Speaker 20 The court allowed the movie to premiere as planned.

Speaker 2 Was it Christopher who did this?

Speaker 20 But Porco is still fighting to stop the movie from re-airing or being distributed in any format.

Speaker 20 Meanwhile, Porco appealed his conviction all the way to the United States Supreme Court. It was rejected.

Speaker 2 Christopher Porco is serving a sentence of 46 years to life in prison.

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Speaker 15 Brandon was the full package. I felt like I met my guy.

Speaker 2 Stop, stop, stop talking.

Speaker 1 God.

Speaker 15 But he's not even close to the person that I thought he was. When you do break up with Brandon, that is when the stalking begins.
I just knew something horrific was about to happen.

Speaker 15 I saw the devil in his eyes. We're gonna tell everybody what he did.

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