Judge Stark denied the motion, writing, "I find the testimony of the defendant overall to be false and fabricated. His testimony that during the fall of 1974 he was married and lived with his wife and child at Long Branch, New Jersey is incredible and not worthy of belief. He produced no corroborating evidence in this regard... another reason for my disbelief of defendant's testimony is demonstrated by consideration of several portions of the trial testimony... he signed a lengthy written statement describing in detail his activities... in this statement he said that he lived with his family at 112 Ocean Avenue in Amityville and that he worked for his father... that he usually went to and from work with his father; that he was ill and stayed home from work on November 12, 1974; that he was on probation for having stolen an outboard engine and had an appointment to see his probation officer in Amityville on that very afternoon... defendant's girlfriend, Mindy Weiss, testified that she began dating the defendant in June 1974, and was with him frequently that summer and fall". Stark further declared, "Defendant's testimony that he did not shoot and kill the members of his family is likewise incredible and not worthy of belief".