ALBANY, N.Y. -- Thursday afternoon, cable network Lifetime was granted an order that allows the movie, "Romeo Killer: The Chris Porco story" to air as scheduled on Saturday.
Porco won round one in this fight Tuesday, when a Supreme Court judge ruled Lifetime could not air the movie stating it was not remotely accurate.
"This type of movie that will air on Saturday is based on the real world events that happened and involved Porco," said Michael J. Grygiel, Co-counsel for Lifetime Entertainment Inc.
Lifetime appealed the ruling and won Thursday in an appellate court in Albany.
That movie is back on the schedule now for Saturday at 8 p.m.
An Orange County jury found Christopher Porco guilty of murdering his father, Peter Porco, and trying to murder his mother, Joan Porco, with an axe in 2004. Jurors heard seven weeks of testimony from more than 80 witnesses - but it took them just six hours to find the Delmar native guilty.
One year after he was found guilty, his defense attorney Terry Kindlon worked on an appeal. At the center of that appeal was the head nods Joan Porco gave to a police detective as she lay bleeding from massive injuries, indicating it was her son that attacked her.
"Joan Porco was, in effect, an unavailable witness," Kindlon claimed. "If you have no recollection, if your memory has been erased, then you might just as well be dead, you might just as well be unavailable."
But lead prosecutor and former chief assistant district attorney Michael McDermott claimed, "at that point in time she was aware, she was alert, she was meaningfully communicating - and it was a communication of significance, rather than a random nod of the head."
"I can't blame Chris Porco from wanting to stop this from being shown," says Kindlon.
Christopher Porco is serving his 50 years-to-life sentence at Dannemora State Prison, near Plattsburgh.
"It's not a happy place, it's a place where you do the best you can," said Kindlon. "And he's doing the best he can, which in Christopher's case, is pretty well."
Joan Porco now lives in Rochester near family. She still visits her son in prison, and maintains he is innocent.
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