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

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Wednesday, Dec. 5th:
*Sentencing (@ 9am ET) - NY - Joey Comunale (26) (Nov. 13, 2016, Manhattan) – only for *James Rackover (26) arrested (11-16-16) & indicted on 2nd degree murder & for the alleged strangling, stabbing & dismemberment, concealment of corpse tampering with evidence & hindering prosecution; plead not guilty. $100K bond, $300K cash.
11/1/18 Update Day 12: Closing arguments. Jury instructions. Jury started deliberations.
11/2/18 Update Day 13: Jury continues deliberations. Friday morning, the jury requested autopsy photos and a read-back of a doctor’s testimony about the stab wounds amid their deliberations. Jurors asked for ME evidence. They also want definitions repeated for 'proof beyond a reasonable doubt,' 'circumstantial evidence,' 'acting in concert' and 'intent' -- legal concepts they need to consider. Judge will re-read his charge on second-degree murder. Jury found him guilty on all counts including murder in the second degree. Rackover faces up to 25 years in prison on the top count of second-degree murder when he’s sentenced Dec. 5.
Accomplices:
*Lawrence R. Dilione (28) arrested (11-16-16) & indicted on 2nd degree murder & for the alleged strangling, stabbing & dismemberment, concealment of corpse & tampering with evidence; plead not guilty; $3M bond, $300K Cash only. Will be tried after Rackover. Had hearing on 10/9. Next hearing 1/14/19.
*Max Gemma (29) arrested (12-6-16) & indicted of allegedly helping clean up after the fact, hindering prosecution & tampering with evidence; plead not guilty. $200K bond, out on bail. Had hearing on 10/9. Next hearing 1/14/19.
4/23/18: Manhattan Supreme Court Justice James Burke severed the cases against murder suspects James Rackover, 26, of New York, & Lawrence Dilione, 29, of Jersey City, N.J., Monday afternoon. Rackover will be the first to go to trial beginning Sept. 24, after which a trial date will be set for Dilione. A third defendant, Max Gemma, 30, of Oceanport, N.J., who is charged with hindering prosecution & tampering with evidence for allegedly misleading police during their investigation, is expected to go to trial last.
 
NY man gets lengthy prison term in murder of man found dumped in Oceanport



Gemma is charged with three counts of hindering prosecution and one count of tampering with physical evidence. He faces trial in New York on Feb. 25.


Dilione, who is due to stand trial on Jan. 14, is charged with murder, hindering prosecution, tampering with physical evidence and three counts of concealment of a human corpse.

sorry - can't get bold off... I didn't realize Gemma had a court date already.
 
Niner said:
NY man gets lengthy prison term in murder of man found dumped in Oceanport



Gemma is charged with three counts of hindering prosecution and one count of tampering with physical evidence. He faces trial in New York on Feb. 25.


Dilione, who is due to stand trial on Jan. 14, is charged with murder, hindering prosecution, tampering with physical evidence and three counts of concealment of a human corpse.

sorry - can't get bold off... I didn't realize Gemma had a court date already.
Click to expand...
I didn't know Gemma had a court date either. Thank you.
 
https://nypost.com/2019/01/08/suspe...lty-plea-in-jeweler-to-the-stars-murder-case/


A New Jersey man accused of the brutal murder of a young Connecticut man in an Upper East Side apartment after a night of parting entered a surprise guilty plea Tuesday.

Lawrence Dilione, 30, copped to one count of first-degree manslaughter in exchange for 23 years in prison.

He struck the deal with Manhattan prosecutors just a month after co-defendant James Rackover was sentenced to 28 2/3 years to life in prison. Rackover, 27, was convicted at trial.

“Is it true…that you, Larry Dilione, with the intent to cause serious physical injury to Joseph Comunale, you acted in concert and aided James Rackover in causing the death of Joseph Comunale?” asked Justice James Burke.

“Yes,” Dilione replied flatly, wearing beige prison scrubs in Manhattan Supreme Court. Dilione dodged a potential life sentence had he taken his chances at trial.
[.....]
Dilione’s lawyers, Michael Pappa and Mark Casazza, said their client was contrite.

“Larry has given a lot of thought to his participation in the events that led up to the senseless death of Joseph Comunale,” said Pappa. “It is clear by virtue of his guilty plea that he has a deep sense of remorse for setting in motion the acts that resulted in Joey’s death.”

Pappa added, “He also wanted to spare the family the pain of having to live through another trial.”
[.....]
Defendant Max Gemma, who was present during the killing but did not participate, is facing lesser raps for helping to cover up the crime. He’s scheduled to go to trial in February (25th).
 
I also had Gemma at the hearing on 1/14/19. Now the court site shows his trial date of 2/25. Maybe he'll be in on Monday and plead guilty also...

We can hope! Don't need to put Joey's parents & loved ones thru another trial...

2 down - 1 to go!

JUSTICE for JOEY!
 
How many times in cases such as this, when a trial(s) proceeding is over and there is no real reason (as if there really could be one) comes out. All there is left is blatant sadness. Such a senseless loss of a precious life for what...?

jmo
 
Not too sure IF this happening, but I'll post it anyway. Maybe he'll plead guilty today!

Monday, January 14th:
*Hearing - NY - Joey Comunale (26) (Nov. 13, 2016, Manhattan) – for *Max Gemma (29) arrested (12/6/16) & indicted of allegedly helping clean up after the fact, hindering prosecution & tampering with evidence; plead not guilty. $200K bond, out on bail. Will be tried last.
10/9/18 Update: For both next hearing 1/14/19. Gemma’s trial starts 2/25/19.
*Lawrence R. Dilione (28) arrested (11/16/16) & indicted on 2nd degree murder & for the alleged strangling, stabbing & dismemberment, concealment of corpse & tampering with evidence; plead not guilty; $3M bond, $300K Cash only.
1/8/19 Update: Pretrial hearing with a surprise guilty plea Tuesday. Dillion copped to one count of first-degree manslaughter in exchange for 23 years in prison. Instead of life in prison. Sentencing scheduled for 2/6/19.
*James Rackover (26) arrested (11-16-16) & indicted on 2nd degree murder & for the alleged strangling, stabbing & dismemberment, concealment of corpse tampering with evidence & hindering prosecution; plead not guilty. $100K bond, $300K cash.
11/1/18 Update Day 12: Closing arguments. Jury instructions. Jury started deliberations.
11/2/18 Update Day 13: Jury continues deliberations. Friday morning, the jury requested autopsy photos and a read-back of a doctor’s testimony about the stab wounds amid their deliberations. Jurors asked for ME evidence. They also want definitions repeated for 'proof beyond a reasonable doubt,' 'circumstantial evidence,' 'acting in concert' and 'intent' -- legal concepts they need to consider. Judge will re-read his charge on second-degree murder. Jury found him guilty on all counts including murder in the second degree. Rackover faces up to 25 years in prison on the top count of second-degree murder when he’s sentenced Dec. 5.
12/5/18: Was sentenced to about 28 2/3 years to life.
 
Wednesday, February 6th:
*Sentencing – (@ ET) - NY - Joey Comunale (26) (Nov. 13, 2016, Manhattan) – only for *Lawrence R. Dilione (28) arrested (11/16/16) & indicted on 2nd degree murder & for the alleged strangling, stabbing & dismemberment, concealment of corpse & tampering with evidence; plead not guilty; $3M bond, $300K Cash only. 1/8/19 Update: Pretrial hearing with a surprise guilty plea Tuesday. Dillion copped to one count of first-degree manslaughter in exchange for 23 years in prison. Instead of life in prison. Sentencing scheduled for 2/6.
*Max Gemma (29) arrested (12/6/16) & indicted of allegedly helping clean up after the fact, hindering prosecution & tampering with evidence; plead not guilty. $200K bond, out on bail. Will be tried last.
10/9/18 Update: For both next hearing 1/14/19. Gemma’s trial starts 2/25/19.
*James Rackover (26) arrested (11-16-16) & indicted on 2nd degree murder & for the alleged strangling, stabbing & dismemberment, concealment of corpse tampering with evidence & hindering prosecution; plead not guilty. $100K bond, $300K cash.
11/1/18 Update Day 12: Closing arguments. Jury instructions. Jury started deliberations.
11/2/18 Update Day 13: Jury continues deliberations. Friday morning, the jury requested autopsy photos and a read-back of a doctor’s testimony about the stab wounds amid their deliberations. Jurors asked for ME evidence. They also want definitions repeated for 'proof beyond a reasonable doubt,' 'circumstantial evidence,' 'acting in concert' and 'intent' -legal concepts they need to consider. Judge will re-read his charge on second-degree murder. Jury found him guilty- on all counts including murder in the second degree. Rackover faces up to 25 years in prison on the top count of second-degree murder when he’s sentenced Dec. 5.
12/5/18 Update: Was sentenced to about 28 2/3 years to life.
 
LovelyB said:
I’m surprised that he declared he is innocent of all crimes.
Click to expand...

Yeah he flip flops. Initially after revealing where Joey’s body had been buried, he hires a lawyer in an attempt to make his statement inadmissible. He also claimed he only slugged Joey a couple of times over a fight over cigarettes but later it comes it was cocaine that was involved. Even though JR was convicted of the actual killing and a second degree murder charge, I think LD got off way too lenient with a plea deal for only manslaughter. And then he tries to back out of that too. IMO he’s probably just as guilty in the participation of murder as JR, if not more.
 
Final defendant gets sweetheart deal in ‘jeweler to the stars’ case

< snip> Max Gemma, 31 — who tried to help cover up the 2016 slaying of Joseph Comunale by lying to cops — pleaded guilty in Manhattan court to one count of hindering the prosecution in exchange for six months in jail.

<snip> “You, Max Gemma lied to police and concealed that you witnessed Mr. Rackover and Mr. Dilione attack and beat Joseph Comunale?” Justice James Burke asked Gemma. “You also concealed that you believed that they had killed Joseph Comunale shortly after that assault?”

...As Gemma left the Rackover’s blood-splattered apartment, he saw his maniacal pal straddling the unconscious man in the bathtub.

He chose not to report the shocking crime to the doorman as he left the luxury building or to any one else.

When cops tracked him down Nov.15, 2016, he falsely sai there had been no arguments at the party and that Comunale was long gone by the time he left Rackover’s apartment.

https://nypost.com/2019/02/15/final-defendant-gets-sweetheart-deal-in-jeweler-to-the-stars-case/
 
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