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

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Inthedetails said:
Yes, I just came here to post the link but it's already here. I need to re-read it a few times to figure this out, and I haven't started drinking yet!
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It gets worse every time I read it. I'm on #3. And fuming. I can't imagine how Joey's loved ones feel right now.
 
I feel like I need cliff notes. So basically LD said he wanted his lawyer(s) but police pushed him to talk and all that confession could be thrown out now?

Where does JR stand? Is he still proclaiming his innocence? If they found evidence when searching his place the first time and he didn't let them in and say it was ok to search at that time (im assuming without a warrant) would that too be thrown out?
 
JR next court appearance is on the 21st it says on the department of corrections website , bail still shows $300,000 or 1m bond
 
If it is determined that NYPD violated the Constitutional rights of Lawrence Dilione and James Rackover, then NYPD must be held accountable. If two murders walking free results in less violations of citizen's rights by NYPD it will be a hard pill for everyone to swallow but that would result in them operating within the law and less violations of citizen's fundamental rights.
 
HastingsChi said:
If it is determined that NYPD violated the Constitutional rights of Lawrence Dilione and James Rackover, then NYPD must be held accountable. If two murders walking free results in less violations of citizen's rights by NYPD it will be a hard pill for everyone to swallow but that would result in them operating within the law and less violations of citizen's fundamental rights.
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Of course. The Constitution must be followed.

Sure hope it was....
 
I'm not a lawyer, but if I recall correctly, you have the right to not say anything except 'I want to consult my lawyer' when questioned by police. If someone does not remain silent or wait for their lawyer, but talks to police and answers their questions, I don't think that's necessarily unconstitutional. Of course, the police can't use torture or anything, but they can trick people by, for example, triggering their guilty conscience.

Secondly, I'm pretty sure they don't have to get a warrant in some circumstances, such as looking for a missing person who was last seen in that location, or being told by someone that they'd witnessed a murder there. They probably can't remove evidence, but they can go in and look for obvious signs of the person, a body or crime scene.


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Satchie said:
I'm not a lawyer, but if I recall correctly, you have the right to not say anything except 'I want to consult my lawyer' when questioned by police. If someone does not remain silent or wait for their lawyer, but talks to police and answers their questions, I don't think that's necessarily unconstitutional. Of course, the police can't use torture or anything, but they can trick people by, for example, triggering their guilty conscience.

Secondly, I'm pretty sure they don't have to get a warrant in some circumstances, such as looking for a missing person who was last seen in that location, or being told by someone that they'd witnessed a murder there. They probably can't remove evidence, but they can go in and look for obvious signs of the person, a body or crime scene.


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I have NOT claimed that there was or was not a violation of either of the defendant's rights; neither has a judge. There's not enough information yet to responsibly make any conclusion. Frankly you're making conclusions and speculating based only on what you think/hope, not what is known.
 
I didn't quote you in my post, I was commenting on the filings/claims reported in the NY post.

I think the whole point of Websleuths is to be a forum for people to speculate and comment on things that are unknown!

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Anonymous123 said:
I feel like I need cliff notes. So basically LD said he wanted his lawyer(s) but police pushed him to talk and all that confession could be thrown out now?

Where does JR stand? Is he still proclaiming his innocence? If they found evidence when searching his place the first time and he didn't let them in and say it was ok to search at that time (im assuming without a warrant) would that too be thrown out?
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Ditto. I definitely need a cliffs notes version here too. I'm confused, especially because earlier we all looked at the complaint filed by Gemma's attorney where it describes LDs confession. I'm curious to know how that description ties into this information here...


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