We've got an important update on a story we've covered extensively here on Crime Watch Daily. A dramatic new development in a case Crime Watch Daily first brought you: The brutal murder of Joey Comunale in New York City.

Is one of the suspects trying to get the case thrown out?

Cops say after Joey Comunale met James Rackover and Larry Dilione at a Chelsea nightclub, they went to Rackover's East Side apartment on Nov. 13, 2016.

After what was reportedly a fight over cigarettes, Comunale's burned body was found in a shallow grave near the Jersey Shore.

Cops say Comunale was stabbed as many as 15 times and thrown from a fourth-floor window.

Police charged Rackover and Dilione with suspicion of second-degree murder. Rackover's and Dilione's friend Max Gemma was charged with hindering prosecution and tampering with evidence for allegedly removing key evidence from Rackover's apartment.


CRIME WATCH DAILY INVESTIGATESTHE MURDER OF JOEY COMUNALE

Now, in a stunning legal move, Gemma's attorney may be trying to get his case dropped on a technicality. In court papers obtained by Crime Watch Daily, Gemma's attorney claims the lead detective "has given false or misleading statements."

"Gemma's attorneys are basically saying that the police reports were full of inaccuracies," said Crime Watch Daily Legal Correspondent Amy Dash. "One example is that detectives allegedly wrote the wrong street address where they interviewed Gemma. One says that the street address started with 225, when in actuality Gemma's attorney says the number was 255. Another example is that one detective said that he saw Max Gemma on surveillance video wearing 'a red long-sleeved T-shirt.' But Gemma's attorney says if you look at the surveillance video, it's very clear that he was wearing 'a red short-sleeved shirt.'"

All three suspects have pleaded not guilty.

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