Joey Comunale Case: One Year Later

Jury trial selection begins for Stamford man’s N.Y. murder By Ignacio Laguarda Updated 6:38 pm EDT, Monday, October 15, 2018

NEW YORK — Roughly 80 potential jurors were whittled down to eight on the first day of jury selection in the trial of James Rackover, one of two men charged with the grisly death of a 26-year-old Stamford man in a luxury Sutton Place apartment.

Rackover’s attorney, Maurice Sercarz, asked the pool of possible jurors on Monday to “keep an open mind” during the trial, which will focus on the murder of Joseph Comunale, a Westhill High School graduate.

Recommended Video Sercarz said Comunale’s murder will be discussed in graphic detail during the trial and jurors will be shown disturbing autopsy photos that will be “very difficult to sit through.”

Comunale was beaten, stabbed, burned, dismembered, and dropped into a shallow grave on Nov. 13, 2016. His body was found in Oceanport, N.J.

Rackover was indicted on charges of murder, hindering prosecution, tampering with physical evidence and concealment of a corpse.

The 2016 incident in which Comunale was killed involved a drug-fueled argument over cigarettes and cocaine, according to police, between the two men and Lawrence Dilione, who faces similar charges to Rackover. Dilione is scheduled for trial after Rackover.

Another man, Max Gemma, was charged with hindering prosecution and tampering with evidence. He is expected to go to trial last.

On Monday, Assistant District Attorney Antoinette Carter said that drug use will be discussed in the trial and asked the possible jurors whether they would discount testimony from anyone who abuses drugs.

Other questions involved law enforcement, and whether any potential jurors had had negative experiences with police officers, many of whom could be asked to testify.

She also said the prosecution may be unable to fully define the “division of labor” between Rackover and Dilione and asked jurors whether they would be able to come to a verdict without knowing exactly who did what.

Rackover, who had often appeared at hearings wearing a white t-shirt, was in a full suit on Monday.

Nonetheless, he appeared to make an unfavorable impression on some potential jurors who had been dismissed after being vetted by Carter.

One possible juror who was not selected questioned Rackover’s credibility after seeing him “laughing and smiling and joking with his lawyer.”

Two others said they would have a hard time being impartial jurors if they discovered the defendant had committed past errors.

Jury selection will continue on Tuesday. Opening arguments are expected to start on Thursday.

ignacio.laguarda@stamfordadvocate.com

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