As the next step in the seemingly endless and expensive legal process, Paul’s post-trial attorney filed a 440 motion to expand the original trial record to include new evidence and forensic expert findings. This includes the need to hire new attorneys, investigate the crime 10+ years later, hire experts that cost $10k-$20k each.

During the police investigation of the murder, law enforcement obtained video from several surveillance cameras that captured individuals in the immediate vicinity of Catherine’s apartment. One of the surveillance videos obtained by law enforcement was from a camera adjacent to the entrance of Catherine’s apartment. Ten years later, Paul’s current attorney finally received a copy of that video (included in countless boxes of case-related materials previously in the possession of Dawn Florio and Laura Miranda).

Upon review of this surveillance video, alternate suspect David is clearly depicted leaving the scene at 6:37 pm. This evidence breakthrough unquestionably contradicts David’s trial testimony and places him squarely in the apartment during the time of the murder. 

Did Dawn Florio, Laura Miranda and the prosecution ever watch this surveillance video? Each had possession of this verified, timestamped surveillance footage?

The 440 motion also included numerous reports from forensic experts relating to the “bloody fingerprint.” All four fingerprint experts concluded that the “print” could not have been left at the time of the murder – it was a pre-existing print left on one of Paul’s many visits to the apartment.

Also, after the trial, CBS 48 Hours Mystery reported that it had interviewed the witness who purported to identify Paul’s footwear at trial. In a portion of the CBS interview that did not make it to air, this witness told CBS that he he had no recollection of Paul’s footwear that evening, especially since they were in a dark bar. Somehow, several months later, this witness’s recollection inexplicably became clearer and he definitively testified on the specifics of Paul’s footwear.

The 440 motion also detailed numerous other deficiencies in the case against Paul and the mind boggling, conflicted defense put forward by Dawn Florio and Laura Miranda.

Please click the link below to view the full motion as filed with the Supreme Court of New York.

440 Motion