The statements given by a murder suspect that led to the discovery of a former Hofstra grad’s body last year were legally obtained, prosecutors argued in a Tuesday Manhattan court filing.
Defense lawyer Michael Pappa had previously pushed a judge to toss statements defendant Lawrence Dilione, 28, made to cops who quizzed him without a lawyer and skipped his Miranda rights.
Dilione directed cops to where he and co-defendant James Rackover, 26, allegedly buried victim Joey Comunale’s mutilated and partially scorched corpse in Oceanport, NJ.
Dilione is charged along with Rackover — the surrogate “son” and accused lover of “jeweler to the stars” Jeffrey Rackover — in the Connecticut man’s Nov. 13, 2016, slaying inside a luxury apartment at the Grand Sutton in Midtown.
The attorney further argued that any evidence obtained from the statements — including the victim’s body itself — should be inadmissible at trial.
But Assistant District Attorney Antoinette Carter insisted that Dilione had “agreed to meet police voluntarily” and told them about Comunale’s whereabouts before they became aware he had an attorney, the filing states.
Carter added that the police had an obligation “to locate a missing person who may be a crime victim and that, “This duty creates an exception to the Miranda rules and to the right to counsel.”
The prosecutor responded to a separate but similar motion to suppress statements and evidence filed by Rackover’s attorney, Maurice Sercarz.
The lawyer argued that police ordered Rackover to remain in the apartment of his patron, Jeffrey Rackover, which is in the same building as the crime scene. The lawyer said that this essentially placed him in custody without the benefit of the Miranda warning.
But Carter argued in her papers that Rackover chose to remain with his purported father not because of a police directive but rather “to avail himself of the protection of Jeffrey Rackover’s financial resources.”
The 26-year-old victim’s father, Pat Comunale, filed a civil suit accusing Jeffrey Rackover of helping cover up the crime.
A third defendant, Max Gemma who prosecutors contend was in the apartment during the alleged murder but didn’t participate, is charged with hindering prosecution and evidence tampering.
Rackover allegedly attacked Comunale after an argument over cigarettes and frantically sought to kill him to avoid a return trip to jail.
Justice Charles Solomon is expected to rule on the motions next month.