Toss 'body' of evidence
JewelerJeweler-soson pal: My rights violated
Key evidence — including the victim’s body — should be inadmissible in the murder case against a defendant in a grisly Upper East Side stabbing because detectives questioned him without his lawyer present, according to court papers filed Wednesday.
Lawrence Dilione also claims he wasn’t read his Miranda rights before giving detectives directions to where he and codefendant James Rackover allegedly buried Joey Comunale.
The alleged misconduct — which may have included prosecutors — means Dilione’s statements should be ruled inadmissible against him, according to his Manhattan Supreme Court filing.
In addition, “any evidence gained from the illegally obtained statements would constitute the fruits of the poisonous tree” — including Comunale’s remains, defense lawyer Michael Pappa said.
Dilione is charged along with Rackover — the surrogate son and accused lover of “jeweler to the stars” Jeffrey Rackover — in Comunale’s slaying last Nov. 13.
Following the killing, James Rackover and Dilione allegedly drove Comunale’s mutilated body to Oceanport, NJ, set it on fire with gasoline and buried the remains.
A civil suit filed by Comunale’s dad, Pat — and revealed exclusively by The Post Monday — accuses Jeffrey Rackover of trying to cover up the crime, in part by letting James use his black 2015 Mercedes to move the body.
Wednesday’s court papers say Dilione made a “clear and unequivocal assertion of his Fifth Amendment privilege” while detectives drove him to the 13th Precinct station house at 10:45 p.m. on Nov. 15.
During the ride, Dilione spoke by phone with lawyer Joseph Evans, and told the detectives he wouldn’t answer any questions without speaking to Evans, court papers say.
But when Evans arrived at the station house, he was “given the runaround by four different police officers,” the papers state.
Eventually, a detective emerged and said Dilione had told them where Comunale was buried.
Evans told the detective that Dilione shouldn’t be questioned further, but Dilione allegedly made two more statements without a lawyer present the next day, including one to Manhattan Chief of Detectives William Aubry, court papers say.
A spokeswoman for Manhattan DA Cy Vance Jr. said prosecutors “will respond to this motion appropriately in court.” Those papers are due Aug. 1.
The NYPD didn’t return a request for comment.