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

[Niner]

Hey!

Yes, I do recall all you mentioned in your post HastingsChi! And....

Normally my first reaction to a lawsuit like this is that it is a money-grab, however I do not believe that Pat Comunale gives a care about money -- based on the evidence that he has viewed the only thing Mr. Comunale is seeking is justice and this lawsuit is intended to pressure the District Attorney's Office into indicting Jeffrey Rackover as an accessory after the fact in the murder of his son.

I believe the article I posted said something about when he wins the suit, he will give the money to charity.

Here's another article I got in my Google Alert - basically saying the same as the article I posted above.
https://patch.com/new-york/upper-ea...d-cover-grisly-upper-east-side-murder-lawsuit

but this part was definitely not in the other article - talking about what's in the civil lawsuit:

The civil lawsuit, filed on behalf of Joseph Comunale's father Pat by lawyer Robert Abrams, alleges that Jeffrey and James Rackover lived together for two years prior to 2015 and were engaged in a sexual, drug-fueled relationship. In 2015, Jeffrey allowed James to take the last name Rackover and arranged to rent James his own apartment in the posh Grand Sutton tower — located on located on East 59th Street near First Avenue.

During their tenure as roommates, (Jeffrey) Rackover experienced sexual pleasure from (James) Rackover and, in return, (James) Rackover received drugs, money, a luxurious lifestyle and other benefits from (Jeffrey) Rackover," the lawsuit claims.

Never heard of the "Patch" - is that "regular" news?? :dunno:

 

[HastingsChi]

Hey!

Yes, I do recall all you mentioned in your post HastingsChi! And....



I believe the article I posted said something about when he wins the suit, he will give the money to charity.

Here's another article I got in my Google Alert - basically saying the same as the article I posted above.
https://patch.com/new-york/upper-ea...d-cover-grisly-upper-east-side-murder-lawsuit

but this part was definitely not in the other article - talking about what's in the civil lawsuit:

The civil lawsuit, filed on behalf of Joseph Comunale's father Pat by lawyer Robert Abrams, alleges that Jeffrey and James Rackover lived together for two years prior to 2015 and were engaged in a sexual, drug-fueled relationship. In 2015, Jeffrey allowed James to take the last name Rackover and arranged to rent James his own apartment in the posh Grand Sutton tower — located on located on East 59th Street near First Avenue.

During their tenure as roommates, (Jeffrey) Rackover experienced sexual pleasure from (James) Rackover and, in return, (James) Rackover received drugs, money, a luxurious lifestyle and other benefits from (Jeffrey) Rackover," the lawsuit claims.

Never heard of the "Patch" - is that "regular" news?? :dunno:

That's very, very admirable.

There are elements of the lawsuit which I'm curious to know how Mr Comunale knows or will be able to prove. These are the more gossipy elements.

I think that there are a few possibilities, all which have potentially significant flaws:
1. One (or more) of Jeffrey Rackover's neighbors (or employees) came forward to provide the info. The obvious flaws are that unless that person is willing to admit doing drugs with Jeffrey and James or has emails or letters which document this, it's hearsay at best.

2. Mr Comunale's company (or a third party company that they are connected to) stores the security cameras footage for all their clients for a very significant timeframe and a review of that footage shows regular visits from known drug dealers, intimacy between the two in public areas, etc.

Again, I completely support Mr Comunale's action because it's the right thing to do to get justice for those who he believes were involved. I have no doubt that because he put this out there publicly in the world's largest media market, there were meetings at NYPD HQ and the District Attorney's office yesterday.

Btw Patch is essentially a repeater-- their "journalists" read something in another publication, change the wording enough and publish it as their own news story -- kinda a localized version of the Daily Fail. It's sad that probably over 75% of what's considered "news" today is some form of repeaters.

 

[Luke220]

Very interesting about the security tapes. My question is a legal one. Are those tapes owned by the coop? Is the "inside information" presented by the tapes admissible without a warrant? PC is not law enforcement, doesn't he need authorization to view these tapes? There are privacy issues here for other residents. Unless drug charges are being brought against the Rackovers, the "drug fueled" debate is irrelevant.

 

[icantbelieveit]

Does anyone have a copy of this lawsuit? It has some very strange aspects to it.
1. How would anyone know the conversation between the elder Rackover and son during the football game they were watching in their private residence.
2. What does the name change have to do with the murder of Comunale?
3. What does the relationship, finances, etc have to do with the murder?
4. Who is the person that would identify the smell of cleaning supplies and decomposition?
5. If there was involvement with the senior, why would he not post bond as he has enough money.

It just seems to me to be a way to get the senior Rackover to testify before trial of the son.

 

[HastingsChi]

Very interesting about the security tapes. My question is a legal one. Are those tapes owned by the coop? Is the "inside information" presented by the tapes admissible without a warrant? PC is not law enforcement, doesn't he need authorization to view these tapes? There are privacy issues here for other residents. Unless drug charges are being brought against the Rackovers, the "drug fueled" debate is irrelevant.

We know from on the record statements that Joseph had been to the building on prior occasions for work-related reasons. This would be a strong indication that the building is a client of Pat Comunale's security/surveillance company. Given the sophistication of the services and products of the company and Mr Comunale's stature as one of the best executives in that field, it's plausible that the leveraged relationships to gain access to stuff to find out what happened to his son. We know that the family has close relatives in both NYPD and Connecticut law enforcement. I think that by the time NYPD obtained the footage, they knew exactly which timestamps were relevant.

With that in mind, the reports of Dillione's interrogation potentially being inadmissible and other reports casting doubt about the strength of the case probably caused Mr Comunale to use his position to gain information that might help bolster the case. He clearly has something on Jeffrey and likely shared it with law enforcement and is dismayed that it hasn't resulted in criminal charges.

The issue you raise is very important.

I'd love to read a pdf of the actual lawsuit to be able to better decipher the realities vs potentially poor journalism...

 

[Greater Than]

This article is very informative:

http://www.stamfordadvocate.com/loc...leges-Jeweler-to-the-Stars-aided-11246787.php

 

[HastingsChi]

This article is very informative:

http://www.stamfordadvocate.com/loc...leges-Jeweler-to-the-Stars-aided-11246787.php

It's so frustrating when an article references a document and fails to include a link to a pdf of the actual document.

 

[TeenaNJ]

Does anyone have a copy of this lawsuit? It has some very strange aspects to it.
1. How would anyone know the conversation between the elder Rackover and son during the football game they were watching in their private residence.
2. What does the name change have to do with the murder of Comunale?
3. What does the relationship, finances, etc have to do with the murder?
4. Who is the person that would identify the smell of cleaning supplies and decomposition?
5. If there was involvement with the senior, why would he not post bond as he has enough money.

It just seems to me to be a way to get the senior Rackover to testify before trial of the son.

Thank you - you asked the questions that I was wondering !

 

[Momoffourboys]

Full PDF of lawsuit

https://cbsnewyork.files.wordpress.com/2017/06/e-filed-summons-and-complaint-with-exhibits1.pdf

 

[Niner]

So there's a hearing today....

It's a quarter to 9am now - does it start at 9am or ?? Is there anyone tweeting these hearings??

TIA! :seeya:

 

[Momoffourboys]

Does anyone have a copy of this lawsuit? It has some very strange aspects to it.
1. How would anyone know the conversation between the elder Rackover and son during the football game they were watching in their private residence.
2. What does the name change have to do with the murder of Comunale?
3. What does the relationship, finances, etc have to do with the murder?
4. Who is the person that would identify the smell of cleaning supplies and decomposition?
5. If there was involvement with the senior, why would he not post bond as he has enough money.

It just seems to me to be a way to get the senior Rackover to testify before trial of the son.

I agree and have the same questions. While, morally, the elder Rackover may have made some less than stellar choices, I wonder what any of those points have to do with the actual murder.

If, in fact, there is surveillance of Jeffrey going into the apartment prior to disposal of Joey's body and Bo Dietl's initial statements are true...then I believe there would be more than a civil law suit against him and the DA will be charging him at some point.

What a horrible, horrible tragedy. Destroyed so many lives. But most of all and the most tragic is the loss of Joey's life. My heart really breaks for his family.

 

[Luke220]

Thank you, Mom, for the link to the complaint against Jeffrey. This will be interesting when they all start singing. James isn't going to sit by quietly when you know what hits the fan.

 

[Momoffourboys]

Thank you, Mom, for the link to the complaint against Jeffrey. This will be interesting when they all start singing. James isn't going to sit by quietly when you know what hits the fan.

Interesting. To say the least.
If there is one person I don't think James will turn on, its Jeff.
In James' mind, he probably thinks he is smarter than everyone and will beat the charges. And Jeff is picking up the tab for his defense.

 

[JerseyGirl]

Bo Dietl, a friend of Jeffrey Rackover who previously spoke on behalf of the jeweler, denied comment about the case to numerous media organizations via a spokesperson.

Dietl is currently a city mayoral candidate.

http://www.app.com/story/news/crime/jersey-mayhem/2017/06/27/jeffrey-rackover/433080001/

 

[Niner]

Can't seem to find anything on the hearing today. Has it been done, or is it like at 1pm EST?
But then I'm not the greatest in trying to find "recent" articles! :findinglink: cguru:

If anyone finds anything - please post! :wave:

 

[Momoffourboys]

Can't seem to find anything on the hearing today. Has it been done, or is it like at 1pm EST?
But then I'm not the greatest in trying to find "recent" articles! :findinglink: cguru:

If anyone finds anything - please post! :wave:

James, Lawrence and Max were scheduled to appear this morning. No update as of yet.

https://iapps.courts.state.ny.us/we...cordType=C&recordNum=xLFGAYM2ngSL7INOe/GIww==

 

[Momoffourboys]

Snip

Pat Comunale filed a lawsuit against James Rackover, accusing the 57-year-old of "intentional infliction of emotional distress," and that Comunale's family suffered "mental and physical anguish" over the three days before the body of his son Joey Comunale was found.

Jeffrey Rackover allegedly gave paper towels and cleaning supplies to James Rackover to help clean the $3,600 a month Manhattan where Joey Communale was killed, according to the civil suit. Jeffrey Rackover has not been charged criminally.

http://www.shorenewsnetwork.com/201...killing-of-man-found-buried-in-n-j-suit-says/

 

[Luke220]

It seems unusual to be to have a civil case filed before a criminal case is heard.

 

[Momoffourboys]

http://www.nydailynews.com/new-york...ra-grad-comunale-pair-jeans-article-1.3285664

Murder suspect James Rackover choked Hofstra grad Joseph Comunale with a pair of jeans, court papers charge

Murder suspect James Rackover forced two pals to drop their pants — and then used a pair of their jeans to choke a helpless party guest in his posh apartment, new court papers charge.


Victim Joseph Comunale, 26, was already beaten unconscious and bleeding profusely when Rackover wrapped the denim around his neck on Nov. 13, according to the shocking new documents made public Wednesday.

The scenario was laid out for the first time as lawyers for three people allegedly inside the luxury apartment-turned-murder scene sought separate trials in the heinous murder.

Much more at link.
Im sick to my stomach.

 

[Momoffourboys]

Snip

Rackover “punched and kicked in (Comunale) the head and face several times, and smashed the back of his head into the hard wood floor several times,” charged a Manhattan Supreme Court filing by Gemma's attorney Mark Bederow.

“Rackover's attack left Comunale bleeding profusely and created a bloody mess in the living room floor,” the court filing continued. “Rackover panicked about returning to prison. He ordered Gemma and Dilione to take off their clothes."

When the two stripped down, Rackover straddled Comunale while wrapping Dilione’s jeans tightly around his hands “as if he were preparing to choke Communale,” the papers concluded.

Snip

In a creepy final twist, Gemma was told to leave the apartment — and received a look that could kill from Rackover as he exited.

http://www.nydailynews.com/new-york...ra-grad-comunale-pair-jeans-article-1.3285664