Found Deceased NY - Joseph Comunale, 26, Manhattan, 12 Nov 2016 #2 *Arrests*

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Momoffourboys said:
Exactly. You said it much better than I could have.
Click to expand...

I am concerned though that there MAY have been a screwup by investigators continuing to question Larry after he had asked for his attorney which should have ended all questioning.

It may have been bc Larry had been at two precincts and maybe a communications snafu occurred either on his attorneys or NYPD side, but it is also poss that perhaps Larry renaged and decided to answer quests without his attorney present and "confess," thinking he could outwit the investigator/s and dump the murder entirely on James.

Even after Larry's so-called "confession," NYPD believed Both should be charged with the murder, but
the DA did not proceed. Personally, I think there's a prob here and the DA did the right thing, but I am concerned with future murder charges.

I think it is very bizarre that Larry did not walk out prior to the approx 40 hours he was at the precinct/s since neither his attorney/s had appeared nor had he been charged at that point. Do I have this correct? Prior to his "confession": (Larry) Are you charging me? If not, I'm leaving.

Why didn't he just leave then? Someone help me out here!
 
Ok then, just keep taking notes, remember, that's 2 suitcase, 5 duffle bags, 4 duffle bags and a backpack, numerous dragged trash bags in car and near/in the building and at the grave site. Or in trash chute in "that room" in the basement.

A barrage of bloody sheets and jeans in/near next to trash chute or in basement or outside or in the apt. Blood soaked walls or very minimal blood splatter. Some of the jeans will be cut up. Some whole.

The murder knives might show up in a snippet in the NY Post, but make sure you save it, or it will be gone forever. I don't even want to get started on the syringes or "alleged drugs".. Jmoo
 
Does anyone see, and to the best of my knowledge, know that Larry is the one busted carrying the trash bags from the basement to the car? He's who the 911 call was about. That's how the whole thing evolved. Imo

He was never the poor little good Samaritan witness. He admitted to helping kill and bury Joey and shouldn't have had a bond either. He was never held illegally or mistreated. That's the flip flop they are using now. I'm not imagining things, I've been paying very close attention. Imo
 
Donna7777 said:
Does anyone see, and to the best of my knowledge, know that Larry is the one busted carrying the trash bags from the basement to the car? He's who the 911 call was about. That's how the whole thing evolved. Imo

He was never the poor little good Samaritan witness. He admitted to helping kill and bury Joey and shouldn't have had a bond either. He was never held illegally or mistreated. That's the flip flop they are using now. I'm not imagining things, I've been paying very close attention. Imo
Click to expand...

IIRC An eyewitness saw James lugging around bagssuitcases and recognized him as a guy who lievs in the building.
 
So you don't even get house arrest after confessing to assisting in a murder and burial? I'm glad I'm not in Oceanport, or wherever Dilione is right now.

What if he has a meltdown and hurts someone else? I don't think I've ever seen anything quite like this. How long can this go on before a decision gets made on what to with him, anyone know?
 
epiphany said:
I am concerned though that there MAY have been a screwup by investigators continuing to question Larry after he had asked for his attorney which should have ended all questioning.

It may have been bc Larry had been at two precincts and maybe a communications snafu occurred either on his attorneys or NYPD side, but it is also poss that perhaps Larry renaged and decided to answer quests without his attorney present and "confess," thinking he could outwit the investigator/s and dump the murder entirely on James.

Even after Larry's so-called "confession," NYPD believed Both should be charged with the murder, but
the DA did not proceed. Personally, I think there's a prob here and the DA did the right thing, but I am concerned with future murder charges.

I think it is very bizarre that Larry did not walk out prior to the approx 40 hours he was at the precinct/s since neither his attorney/s had appeared nor had he been charged at that point. Do I have this correct? Prior to his "confession": (Larry) Are you charging me? If not, I'm leaving.

Why didn't he just leave then? Someone help me out here!
Click to expand...


think it is very bizarre that Larry did not walk out prior to the approx 40 hours he was at the precinct/s since neither his attorney/s had appeared nor had he been charged at that point. Do I have this correct? Prior to his "confession": (Larry) Are you charging me? If not, I'm leaving."
Click to expand...

Yes! Last month I posted the exact same response in so many words describing and wondering the same thing... I'll try to find it. And link back to it bc I remember explaining this exact concept in great detail...

...but it is also poss that perhaps Larry renaged and decided to answer quests without his attorney present and "confess,"
Click to expand...

I think the likeliness of that scenario is very very high. Not sure about his reasoning, but my initial reaction to the reports about his being held for two days was that Dilione was just unfamiliar with this kind of scenario, since I can assume he's never been brought in for questioning for a serious crime before.
Just based on statistics, not even knowing if he or Gemma ever had run ins with the police, both are from well to do upper middle class families and so the probability that either was ever questioned in that kind of a manner before was very small. I think Dilione kept talking out of panic and LE just didn't stop him.


Sent from my iPad using Tapatalk
 
Donna7777 said:
So you don't even get house arrest after confessing to assisting in a murder and burial? I'm glad I'm not in Oceanport, or wherever Dilione is right now.

What if he has a meltdown and hurts someone else? I don't think I've ever seen anything quite like this. How long can this go on before a decision gets made on what to with him, anyone know?
Click to expand...

That's just not how the criminal justice system works... Dilione posted bail. James didn't. If I'm not mistaken, Dilione's bail was never reduced, so one could argue, why was James'? Both are awaiting trial, one just so happens to be out and the other couldn't afford it.

In an earlier post on this thread, an article describes James as seen on camera with Dilione, in the basement, quickly darting away from surveillance. They were on camera, together. Before this fact was released, I too thought "wait, could James be telling the truth? There is no visual connecting him to the crime" but upon reading that, changed my mind.

If you set aside the he said vs she said and pointing of fingers, the bottom line is both Dilione and JR had something to do with Joeys death and one or both killed him. There's is no doubt, in my opinion, given what we know, that they are guilty of the charges against them at this exact point in time.


Sent from my iPad using Tapatalk
 
epiphany said:
I am concerned though that there MAY have been a screwup by investigators continuing to question Larry after he had asked for his attorney which should have ended all questioning.

It may have been bc Larry had been at two precincts and maybe a communications snafu occurred either on his attorneys or NYPD side, but it is also poss that perhaps Larry renaged and decided to answer quests without his attorney present and "confess," thinking he could outwit the investigator/s and dump the murder entirely on James.

Even after Larry's so-called "confession," NYPD believed Both should be charged with the murder, but
the DA did not proceed. Personally, I think there's a prob here and the DA did the right thing, but I am concerned with future murder charges.

I think it is very bizarre that Larry did not walk out prior to the approx 40 hours he was at the precinct/s since neither his attorney/s had appeared nor had he been charged at that point. Do I have this correct? Prior to his "confession": (Larry) Are you charging me? If not, I'm leaving.

Why didn't he just leave then? Someone help me out here!
Click to expand...
Maybe he didn't walk out because he couldn't walk out. They had him live on camera, carrying bags. I don't think his lawyer could intervene in that even if they wanted to. It was proceeding like a normal case and then, whammo! Everything changed, literally overnight. Imo
 
These statements are not to be misconstrued as fact, they are mere speculation only.

You know how some were saying when you hear cigarette, replace it with crack.. Well I say,when you hear James, replace it with Gemma. I feel it very strongly.

I'd also put money on this happening on the 32nd floor. Why did Jeffrey turn the other cheek so quickly? It's not natural to turn love on and off like a switch.

I think Joey might have died over arguing about the Coke. Maybe he hoovered up someone else's lines and jokingly said "what are you going to do about it" and it apparently didn't get a laugh..

That seems like something that totally could have happened after partying all night. I really don't think they meant to do it at all. If only they just came clean they would have so much more compassion and leniancy. Imo
 
Lawdini01234 said:
Updated

https://www.google.com/amp/www.nyda...nkle-bracelet-article-1.2954516?client=safari

<snip>

Lawyers for James Rackover, 25, filed a letter proposing that their client be released on a $500,000 bond on the condition that he wear a tracking device like the one he’d mutilated in the past.

“We would propose electronic monitoring, either by the bondsman, or at the defendant's expense, and periodic drug testing,” his attorney Maurice Sercarz wrote in a Jan. 20 letter obtained by the Daily News.

In court Tuesday, Sercarz told Justice Charles Solomon that a bail bondsman had assured him there was a teflon-like alternative to suit his needs.

"They've got a bracelet that he won't be able to cut off," he argued.
Click to expand...

Fool me once, shame on you. Fool me twice........you know the rest
 
epiphany said:
I am concerned though that there MAY have been a screwup by investigators continuing to question Larry after he had asked for his attorney which should have ended all questioning.

It may have been bc Larry had been at two precincts and maybe a communications snafu occurred either on his attorneys or NYPD side, but it is also poss that perhaps Larry renaged and decided to answer quests without his attorney present and "confess," thinking he could outwit the investigator/s and dump the murder entirely on James

Why didn't he just leave then? Someone help me out here!
Click to expand...


good question! PD can be convincing (i.e. "it'll be a lot better for you if you just cooperate", etc) but I agree with you - that MIGHT work for 4 hrs (on someone not thinking clearly on no sleep for days, after a coke binge / murder / multistate coverup)- but 40+hrs????

cant answer your question :dunno:just elaborating on ur comment with a related news reference / quote:

"A lawyer for Dilione, Michael Pappa, has said that potentially incriminating statements made by his client - including one that led to the discovery of the body - were taken illegally. He said his client had legal representation that had contacted the precinct at the beginning of Dilione's two day stint being shuffled between two station houses."
"While driving down from the East Side to the Jersey shore, Dilione answered a phone call from a police officer and casually denied any role in the killing.
&#8220;The last time I saw (Comunale) was when we walked the girls out around 7 a.m.,&#8221; Dilione reportedly said. &#8220;We put them in an Uber &#8230; Joey said he was going to to get cigarettes and I never saw him again.&#8221; ":liar:
"The court papers also reported that a Connecticut detective reached Dilione by phone at the same time that he was likely disposing of the battered and burned body."
WTH!
 
From my very first post here on the thread... thought I would re-share... this is in regards to Diliones 2 day interrogation and so-called violation of miranda rights...


BUcriminologist said:
hi everyone, new to the thread but have been following along for quite some time, waiting for the right opportunity to join in...

From what I know in my background in studying criminology, it isn't easy to prove a suspect's rights were violated hence, insist his statement would be inadmissible in court. Boyce's comments explaining that they expect that kind of thing from the defense make perfect sense, IMO.

Additionally... <snip> "On Tuesday, Dilione&#8217;s lawyer, Michael Pappa, confirmed his client had asked for a lawyer early on.&#8220;I have good reason to believe . . . that one or more lawyers for Mr. Dilione contacted investigators of the NYPD to instruct them not to question Mr. Dilione &#8212; yet these instructions were apparently ignored in violation of Mr. Dilione&#8217;s Miranda rights,&#8221; Pappa said Tuesday. &#8220;If we are right about this, it is hard to imagine how anything said to the police would be admissible as evidence for the prosecution.&#8221;
... there is a difference between suspect asking for lawyer early on, and counsel contacting LE and telling them to hold off on questioning. In the former scenario, if LE probed then yes after the fact, then yes it becomes sticky. If both scenarios occurred, then yes, it becomes sticky, but... if counsel contacted LE and told them to cease questioning before physically arriving at the precinct (which from the various links people have posted here, Pappas walked in and cut LD off from speaking when finally he did), but LD never came right out and said "I want my attorney" until after 40 hours of interrogation, then no... IMO rights had not been violated.

Long story short, there is no way to know what happened unless we were there, and the news isn't giving every tidbit into the report Boyce has in his hands. Therefore, moral of the story, there is so much gray to consider.

and IMO, defense is desperate to get LD acquitted of charges and it doesn't appear to be looking so good since he flat out told them where the body is.

The above statements are theories, as I am not an attorney.
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ugh ::annoyed:: not the post I wanted to share, I remember writing another that I felt more confident in when describing how I thought the interrogation with Dilione might have occurred, but now I can't find it.. :- /

Big possibility that LD was brought in as a suspect for questioning, unaware he could leave, and unaware that he could flat out ask "am I being charged with a crime or not?" different reports stated that one or both men had moments where they "weren't cooperating" with LE... if you're brought in for questioning, you don't have to talk, just like you don't have to stay - so long as you're not officially charged.
The confusion for me, at least if I was sitting in Dilione's seat, is knowing when exactly to lawyer up because it's not clear when harmless "questioning by the police" becomes an official charge unless the suspect comes right out and asks. It may have taken Dilione up to 40 hours to officially request counsel, otherwise Pappas would have walked in sooner (I'm assuming?)... Someone doesn't think to lawyer up if they're not being charged and they're only being questioned...

I feel like there's a technicality here that the Defense is trying to swing since the case against the suspects is pretty strong.

But, I have faith in potential murder charges down the line... and think by not charging them just yet is the best thing prosecutors can do at this point, until they an open and shut case. Because if prosecutors throw murder charges in, and somehow, lose to the Defense, that's it, it's over. Dilione and Rackover could go on public television after and announce they killed Joey in cold blood and no one could touch them due to Double Jeopardy (no one can be tried for the same crime twice). But, should the Defense somehow get their clients out of this mess on the charges brought against them thus far, prosecutors still have the opportunity to bring murder charges against the suspects, leaving hope for some kind of justice. IMO this strategy makes sense.
 
Donna7777 said:
These statements are not to be misconstrued as fact, they are mere speculation only.

You know how some were saying when you hear cigarette, replace it with crack.. Well I say,when you hear James, replace it with Gemma. I feel it very strongly.

I'd also put money on this happening on the 32nd floor. Why did Jeffrey turn the other cheek so quickly? It's not natural to turn love on and off like a switch.

I think Joey might have died over arguing about the Coke. Maybe he hoovered up someone else's lines and jokingly said "what are you going to do about it" and it apparently didn't get a laugh..

That seems like something that totally could have happened after partying all night. I really don't think they meant to do it at all. If only they just came clean they would have so much more compassion and leniancy. Imo
Click to expand...

I can see the cocaine scenario you describe a definite possibility

Whether they meant to or not, I'm not sure. I go back and forth in my opinions, because from first glance, the guys do seem like good kids, then I remind myself not to be so naive...

the criminal justice system may or may not be lenient with them... it depends on the state, and who the judge is. I know down South, when good kids go bad, the system likes to make an example out of them and give them harsh punishment (a while back I knew a friend of a friend from CT - stereotypical, rich, spoiled brat, not very nice, 20 something - who killed someone drinking and driving in FL, showed 'fake' remorse in court, and is now sitting in jail for, I don't even know how long). I've read other scenarios of this happening down South, but I'm sure it happens in the Northeast too... it also depends on the judge presiding over the case as well. Keep in mind too, behind closed doors, counsel and judges all know one another. It's a small world; they may represent different clients, but their interaction happens quite often throughout their careers, and repeatedly day in and day out, with many even being friends outside of work, or some disliking each other outside of work because their kids go to school together and don't get along... Sometimes it affects the courtroom, and sometimes some lawyers don't allow it to.. I don't think this is one of those cases, but I don't see the system being lenient and compassion on LD and JR or even MG if they had come clean.
 
BUcriminologist said:
Big possibility that LD was brought in as a suspect for questioning, unaware he could leave, and unaware that he could flat out ask "am I being charged with a crime or not?" different reports stated that one or both men had moments where they "weren't cooperating" with LE... if you're brought in for questioning, you don't have to talk, just like you don't have to stay - so long as you're not officially charged.
The confusion for me, at least if I was sitting in Dilione's seat, is knowing when exactly to lawyer up because it's not clear when harmless "questioning by the police" becomes an official charge unless the suspect comes right out and asks. It may have taken Dilione up to 40 hours to officially request counsel, otherwise Pappas would have walked in sooner (I'm assuming?)... Someone doesn't think to lawyer up if they're not being charged and they're only being questioned...
Click to expand...

I have officially allowed insomnia and the topic of Dilione's interrogation and miranda rights to overpower any chance of getting a good night's sleep. Bear with me everyone, since I want to make sure I'm providing as much accurate info as possible and now I'm not sure my last two posts were... :facepalm:

I dug up NY State Bar Association Resources on someone's rights if they are brought in for questioning, the difference between questioning and law enforcement's intent to arrest, official articles on miranda rights, and the 5th and 6th amendments to the constitution that highlight/describe those rights to remain silent and to counsel, to better understand what the Defense was trying to position about inadmissibility of Dilione's statements during that 40 hour period. This is the information I've determined that I think will eventually get released, that we need to fill in the gaps...

1. Police don't have to tell someone if they are a suspect or if they intend to arrest that person. My working theory is that Dilione was brought in with the intent of finding out more to eventually arrest him. In which case LE must immediately read Miranda Rights
2. We don't know at which point those rights were read, if at all, during that 40 hour period. But if LE had intention of arresting LD at any point during that interrogation, I highly doubt they would have been dumb enough to forfeit the reading of those rights because...
3. Declining to read those rights allows them to continue questioning him and act upon anything he tells him, but his comments become immediately inadmissible in court.
4. If scenario #3 had occurred, we would have already heard it in MSM and it would have been open and shut, as opposed to each side's opposing descriptions of what the interrogation process was like.
5. Scenario #1 makes the most sense when taking into account that counsel for Dilione didn't arrive until way after he arrived for questioning; LE intent wasn't clear right away.
6. At the time Dilione was brought in for questioning, very little was implicating him in JC's disappearance - he was merely the last person seen with him (on camera that morning); that is not enough to arrest someone, never mind read him his Miranda Rights.
7. Things drastically change however, and LE get more than they hoped for when LD drops the bombshell of where he and JR buried JC. And it's at this point, I think the situation got sticky since the interrogation took a totally different turn. Considering this fact, LD's statements will definitely be a topic discussed in court and whether to include them will not be a decision taken lightly.

Bottom line: much more of a convoluted issue than I originally thought. :eek:hdear:Apologies for the multiple posts.

Court cases I read that have some similarities that could be of interest to everyone: People v. Dunbar, 24 N.Y.3d 304 (2014); People v. Johnson, 24 N.Y.3d 639 (2014); People v. McLean, 24 N.Y.3d 125 (2014); People v. Arthur, 22 N.Y.2d 325, 329 (1968).


 
These statements are not facts:

I think LE promised Dilione total immunity if he coughed up where the body was. I also don't think he had legal counsel at that time.

He was most likely sleep deprived, hungover and and very shaken up. He just figured "they got me" which they did. They probably showed him the video of him taking the bags out of the basement. We know they didn't beat it out of him.

I also feel Gemma is on that footage, in the basement retrieving the bags, etc. Again, the trash chute is accessible from the 32bd floor also.

I feel that one of the key players who's hiding in the wings, is way more involved than previously reported. I think the evidence and "people in the know" such as Police, Residents and definitely CSI are becoming insurmountable and all will eventually be brought to light.

I feel James DIDN'T do it. He just became an easy Patsy to blame it all on. They are trying to bend the evidence to fit the crime, such as using old footage of James loading HIS possible FORMER Mercedes. He got a DUI and probably no longer owns a car

I feel that's why the luggage description keeps changing. The only real evidence is Dilione and possibly Gemma carrying the bags from the basement to the car.

I also feel all bloody sheets, towels were brought to the burial spot. I do feel James is totally being railroaded and it's sickening.. IMOO
 
epiphany said:
I am concerned though that there MAY have been a screwup by investigators continuing to question Larry after he had asked for his attorney which should have ended all questioning.

It may have been bc Larry had been at two precincts and maybe a communications snafu occurred either on his attorneys or NYPD side, but it is also poss that perhaps Larry renaged and decided to answer quests without his attorney present and "confess," thinking he could outwit the investigator/s and dump the murder entirely on James.

Even after Larry's so-called "confession," NYPD believed Both should be charged with the murder, but
the DA did not proceed. Personally, I think there's a prob here and the DA did the right thing, but I am concerned with future murder charges.

I think it is very bizarre that Larry did not walk out prior to the approx 40 hours he was at the precinct/s since neither his attorney/s had appeared nor had he been charged at that point. Do I have this correct? Prior to his "confession": (Larry) Are you charging me? If not, I'm leaving.

Why didn't he just leave then? Someone help me out here!
Click to expand...

https://www.nycourts.gov/judges/cji/1-General/CJI2d.Confession.pdf

The above link is good reference

This topic has been bothering me as well and I am HOPING the NYPD dotted all the i's and crossed all the t's

40+hours in interrogation-what took so long for his lawyer to get there, he was lawyered up early on
 
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