It's a shocking story that Michael Pappa, Dilione's lawyer, is fighting to keep out of the courtroom - and away from a jury.
Pappa is hoping Justice James Burke will rule the confession inadmissible due to the fact that Dilione had not yet been read his rights before the fateful phone call.
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Gemma was told to leave the apartment, his lawyer said in the documents.
Dilione and Rackover then allegedly cleaned the apartment with bleach and removed Comunale's body with a luggage cart they took from the luxury building.
Prosecutors say that Comunale was stabbed 15 times at the alcohol and cocaine-fueled party inside Rackover's luxury apartment, paid for by famed jeweler Jeffrey Rackover, after an argument over cigarettes.
Three days later police found the Hofstra graduate's burned body buried in a shallow grave in Oceanport, New Jersey, where Dilione lived.New Jersey is located in the Mid-Atlantic region of the US.It is best known for Jersey Shore beaches, Atlantic City casino resorts, roller coaster amusement parks, aquariums, zoos, and for its multitude of professional sports teams' arenas, coliseums and stadiums.Earlier this week, it was revealed that Comunale's body was discovered only after Dilione had a heart-wrenching phone conversation with the victim's father, Pat.It was NYPD homicide detective Raymond Reuther who came up with the idea to put Dilione on the phone with Comunale's father.But he claimed it was Rackover who pummeled, choked, and ultimately stabbed the victim to death.