GUILTY NY - Joseph Comunale, 26, Manhattan, 12 Nov 2016 - #3

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Prosecutor in Hofstra University graduate murder case may take witness stand

July 31, 2017

A prosecutor in a Manhattan murder case could find herself on the witness stand answering uncomfortable questions about police stationhouse shenanigans, the defendant’s lawyer said.

Assistant District Attorney Antoinette Carter is leading the case against a man accused of helping to kill a Hofstra University graduate eight months ago.

[...]

Dilione’s lawyer Michael Pappa has made a hard pitch for records surrounding what Carter knew about alleged questionable tactics used to get a statement from Dilione.

“It is my intention to subpoena detectives and prosecutors in an attempt to get a complete picture of who knew what and when for the statements taken from Larry Dilione from the time he was first with the police and then in custody during the 40-hour period from Nov. 15 to Nov. 17,” Pappa said in a statement.

[...]

Dilione and Rackover are next due in Manhattan Supreme Court on Tuesday, when the DA’s office is expected to reply to Pappa’s request for Carter’s phone records and other communications.


http://www.nydailynews.com/new-york...d-murder-case-witness-stand-article-1.3370619
 
Beat me to it Greater Than!

quote from article above ^^
Dilione and Rackover are next due in Manhattan Supreme Court on Tuesday, when the DA’s office is expected to reply to Pappa’s request for Carter’s phone records and other communications.

I'm going to assume they mean NEXT Tuesday, August 8th. That's the date I have for the next hearing.
 
Google Alert - sharing

Murder case against two men charged with killing Hofstra University graduate delayed as lawyers seek more info from DA
http://www.nydailynews.com/new-york...e-delayed-lawyers-seek-info-article-1.3376738

The murder case against two men accused of killing and mutilating a Connecticut man is now on hold, as prosecutors need more time to respond to requests from defense lawyers.
James Rackover and Lawrence Dilione are not due in Manhattan Supreme Court again until September.
[.....]
Rackover and Dilione were hit with a murder indictment in May.

The prosecution said it is also still waiting for additional DNA test results from the city medical examiner’s office
[.....]
Lawyers for the three suspects continued to complain Tuesday about documents — or lack thereof — known as discovery, which includes forensic reports.
Justice Charles Solomon told prosecutors he expects to have a solid update on forensic matters by the next court appearance Sept. 12.

So, I guess August 8th is out, and now it's Sept. 12th? :thinking:

:dunno:

JUSTICE for JOEY! :rose:
 
Google Alert - sharing

Prosecutor in Hofstra University grad murder case may have to explain conflicting statements on suspect’s arrest
http://www.nydailynews.com/new-york...-explain-statement-conflict-article-1.3389844

The main prosecutor in the Upper East Side murder of 26-year-old Joseph Comunale may have to answer for conflicting sworn statements about the timing of a suspect’s arrest if she is forced to testify as a witness in the case, the Daily News has learned.
The legal tangle relates to a disparity between filings and statements made in court about when suspect Lawrence Dilione, 28, was arrested during his marathon 40-hour questioning between Nov. 15 and 17 at the 17th Precinct stationhouse.
[.....]
The arrest timing is expected to be a major point of contention at an upcoming hearing because Dilione discussed the crime with detectives even though he had an attorney who wasn’t present and did not have his Miranda rights read until the end.
[.....]
Dilione’s lawyer Michael Pappa says his client’s phone was taken near the start of his questioning on Nov. 15 and that it was clear he was arrested from that point on.
Lead prosecutor Antoinette Carter has asserted repeatedly in court that Dilione wasn’t arrested until Nov. 17. She has said his phone was taken at the time of arrest.

more at link.

Still haven't seen anywhere if there is still an August 8th hearing or it was changed to Sept. 12th.
 
Niner said:
Dilione’s lawyer Michael Pappa says his client’s phone was taken near the start of his questioning on Nov. 15 and that it was clear he was arrested from that point on.
Lead prosecutor Antoinette Carter has asserted repeatedly in court that Dilione wasn’t arrested until Nov. 17. .
Click to expand...

If he consented to being questioned/interrogated, isn't it more likely than not that he consented to allow NYPD to search his mobile?
 
Google Alert - sharing

9-11-17 Article:
Sleeve length evidence doesn't match up claims lawyer for NJ man charged in murder coverup

http://www.nydailynews.com/news/cri...s-lawyer-nj-man-murder-case-article-1.3485945


A man accused of covering up a murder was not covered up himself in a long-sleeved T-shirt as police stated — and his lawyer says that means he was indicted on flawed evidence.
Max Gemma, 29, of Jersey City, was seen on surveillance video wearing a red short-sleeved T-shirt as he left the luxury Upper East Side building where Joseph Comunale, 26, of Stamford, Conn., was last seen last fall.
[.....]
Lead detective Yeoman Castro “swore that he personally viewed surveillance footage from Nov. 13, 2016, showing Gemma leaving 418 E. 59th Street in ‘a red long-sleeved t-shirt,’ ” according to papers filed in Manhattan Supreme Court.
[.....]
Castro’s apparent error was memorialized in a search warrant affidavit seeking access to the apartment of Jeffrey Rackover,.....
[.....]
The law enforcement mishap, supported by cell phone records, instead interferes with Gemma’s “absolute defense” to the charge, Bederow said.
[.....]
Gemma and the homicide suspects are due in court Tuesday for a pretrial conference.

So - tomorrow another hearing for these guys.
 
I'm hearing rumblings that Gemma cut a deal (which includes testifying against Rackover and Dilione)... Can anyone confirm?
 
any news from today ? all i was able to see was that their next court date is 10/3
 
Hey johnjohn24!

:welcome6: to WS and this thread!

:greetings:

Could you please post a link to the article that you see these next coming court dates?

TIA! :wave:
 
okay here's what I found - (quite surprised, actually!)

Sparring attorneys in Comunale murder case pick up where they left off
http://www.stamfordadvocate.com/pol...-today-for-all-alledged-Comunale-12190980.php

NEW YORK — Manhattan prosecutors seeking to try three men in the murder of Stamford man Joseph Comunale went to court to oppose efforts by defense attorneys to win separate trials and suppress state evidence believed to link the suspects to the horrific crime.
[.....]
(Judge) Solomon scheduled the next hearing in the case for Oct. 3 and gave defense attorneys Robert Caliendo (JR's atty), Mike Pappa (LD's atty) and Mark Bederow (GM's atty) until Oct. 2 to respond to the prosecution’s objections.

I see no "Sept. 19th" date in this article for JR?? Do you have another article stating that date johnjohn?? TIA!
 
Webcrims has not been updated with new trial dates. None of the 3 defendants even show up. Will post link when available.
 
The iPhone belonging to the prime suspect in the macabre murder of a 26-year-old Hofstra graduate has been inaccessible to the Manhattan District Attorney's office since it was taken from him about 10 months ago, prosecutors disclosed in a court filing Tuesday.

James Rackover, 26, accused in the stabbing and beating death of Joseph Comunale inside Rackover's 4th floor luxury E. 59th St. apartment on Nov. 13, appeared alongside his alleged accomplice Lawrence (Larry) Dilione, 29, in Manhattan Supreme Court Tuesday for a pre-trial conference at which the smartphone lockout was reported in court papers.

Assistant District Attorney Antoinette Carter, responding to a gripe by Rackover's team that "the People have taken an unreasonable amount of time to search the devices," admitted the search has not happened.

http://www.nydailynews.com/new-york...ad-student-murder-locked-da-article-1.3492123
 
http://nypost.com/2017/09/12/defend...ars-case-had-legal-interrogation-prosecutors/

The statements given by a murder suspect that led to the discovery of a former Hofstra grad’s body last year were legally obtained, prosecutors argued in a Tuesday Manhattan court filing.

Defense lawyer Michael Pappa had previously pushed a judge to toss statements defendant Lawrence Dilione, 28, made to cops who quizzed him without a lawyer and skipped his Miranda rights.

...

But Assistant District Attorney Antoinette Carter insisted that Dilione had “agreed to meet police voluntarily” and told them about Comunale’s whereabouts before they became aware he had an attorney, the filing states.

Carter added that the police had an obligation “to locate a missing person who may be a crime victim and that, “This duty creates an exception to the Miranda rules and to the right to counsel.”

The prosecutor responded to a separate but similar motion to suppress statements and evidence filed by Rackover’s attorney, Maurice Sercarz.
 
Department of corrections inmate lookup (nyc.gov) just plug in their first and last names
 
Momoffourboys said:
The iPhone belonging to the prime suspect in the macabre murder of a 26-year-old Hofstra graduate has been inaccessible to the Manhattan District Attorney's office since it was taken from him about 10 months ago, prosecutors disclosed in a court filing Tuesday.

James Rackover, 26, accused in the stabbing and beating death of Joseph Comunale inside Rackover's 4th floor luxury E. 59th St. apartment on Nov. 13, appeared alongside his alleged accomplice Lawrence (Larry) Dilione, 29, in Manhattan Supreme Court Tuesday for a pre-trial conference at which the smartphone lockout was reported in court papers.

Assistant District Attorney Antoinette Carter, responding to a gripe by Rackover's team that "the People have taken an unreasonable amount of time to search the devices," admitted the search has not happened.

http://www.nydailynews.com/new-york...ad-student-murder-locked-da-article-1.3492123
Click to expand...

That is baffling they haven't searched his phone. Isn't that one of the first things they do?


Sent from my iPad using Tapatalk
 
cnmccarthy said:
That is baffling they haven't searched his phone. Isn't that one of the first things they do?


Sent from my iPad using Tapatalk
Click to expand...

Agreed. Apparently, they are relying on JR to give up his passcode. Which he hasn't done. From same link:

"Prior to the widespread use of encryption on modern Apple and Google smartphones beginning around 2014, prosecutors could easily access a defendant's text messages, photographs and other potentially useful hints stored on a device after obtaining a search warrant."
 
Momoffourboys said:
The iPhone belonging to the prime suspect in the macabre murder of a 26-year-old Hofstra graduate has been inaccessible to the Manhattan District Attorney's office since it was taken from him about 10 months ago, prosecutors disclosed in a court filing Tuesday.

James Rackover, 26, accused in the stabbing and beating death of Joseph Comunale inside Rackover's 4th floor luxury E. 59th St. apartment on Nov. 13, appeared alongside his alleged accomplice Lawrence (Larry) Dilione, 29, in Manhattan Supreme Court Tuesday for a pre-trial conference at which the smartphone lockout was reported in court papers.

Assistant District Attorney Antoinette Carter, responding to a gripe by Rackover's team that "the People have taken an unreasonable amount of time to search the devices," admitted the search has not happened.

http://www.nydailynews.com/new-york...ad-student-murder-locked-da-article-1.3492123
Click to expand...
This is VERY interesting because local prosecutors regularly use the feds or attempt to compel the manufacturer to provide access to the device. After the San Bernardino debacle local and federal officials have become savvy in regard to what to avoid doing that could hinder the usual methods of accessing this data.

Could it be that the prosecutors have not yet filed a supeana for this data?
 
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