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  • Are you "Available?": An Analysis of the Porco Appeal Before the N.Y. Court of Appeals

    On the morning of November 15, 2004, the quiet Albany suburb of Delmar, New York, awoke to the news of the murder and attempted murder of Peter and Joan Porco, respectively. Sometime in the night, while the two were sleeping, an intruder entered their home and savagely attacked the sleeping couple with an ax. Hours later, police investigators and paramedics arrived at the Porco residence to discover Mr. Porco murdered and Mrs. Porco in her bed barely surviving her traumatic head injuries. Soon after his arrival on the scene, Police Detective Bowdish began his investigation of the attack. Eventually, the investigator asked Mrs. Porco if her son Christopher had done this to her and her husband. As the investigator and paramedics would later testify, Mrs. Porco responded with an up-and-down “nod,” signaling, yes.