Argument Over Cigarette Led to Communale Homicide: Report

STAMFORD, CT — More details have emerged in the homicide case of Stamford native Joseph Comunale, who was killed in Manhattan and found buried in a shallow New Jersey grave.

The defense attorney of alleged co-conspirator Max Gemma said Comunale was beaten unconscious after a night of partying, according to the Stamford Advocate. The attorney claims that there is no proof Gemma was at Rackover's apartment and that he wasn't aware of the homicide.

Gemma, 29, of Oceanport, N.J. was charged with hindering prosecution and tampering with physical evidence James Rackover and Lawrence Dillione have also been charged in connection with the homicide. No one has been charged with murder yet.

Dilione met Comunale while out partying the night of Saturday, Nov. 12 and brought him and three women to a 4 a.m. party at Rackover's condo in the glitzy Grand Sutton tower — located on located on East 59th Street near First Avenue, according to police.

Lawrence Dilione claimed he only punched Comunale and that James Rackover stabbed him because he didn't want to go back to jail, according to court records.

Related: Comunale Homicide: Third Suspect Charged

Comunale's body was placed in a bathtub and Rackover attempted to dismember him with a blade, Dilione told police, according to court records.

The argument started over a cigarette, according to News 12.