John Giuca

John Giuca (born October 8, 1983) is an American man convicted of second-degree felony murder in 2003 death of 19-year-old Mark Fisher. Giuca's conviction has since been reversed citing the Lead Prosector, Anna Sigga- Nicolazzi withheld favorable evidence from the defense. [1]

Background

John Giuca
John Giuca
Born (1983-10-08) October 8, 1983[2]
Brooklyn, New York, U.S.
Residence Shawangunk Correctional Facility, Wallkill, Ulster County, New York[2]
Nationality United States
Education Bishop Ford Central Catholic High School [3]
Known for 2nd-degree murder conviction

At the time of his arrest, Giuca was living at the three story family home in Prospect Park South, Brooklyn, while studying criminal justice at John Jay College of Criminal Justice,[4] and occasionally working as a film and TV extra.[5][6]

On Oct. 11, 2003, Giuca was out partying with friends in Manhattan. Mark Fisher, unknown to Giuca, ended up in their company after meeting a fellow student, Angel DiPietro, at an Upper East Side bar and following her and a girlfriend, as to Giuca's for an impromptu party [4][7][8]. Also in attendance was Albert Cleary and Antonio Russo, neighborhood friends of Giuca's.

Police responding to reports of gunfire at 6:30 AM found Fisher's body on Argyle Road; just 50 feet away from Albert Cleary's bedroom window, three blocks away from Giuca's house. He had been shot dead.

Russo had been in trouble with the law and the following morning cut his hair and left for California. At Russo and Giuca's trial, the prosecution alleged that Giuca was the leader of a gang. Giuca's supporters say he was simply a young man with friends from a variety of backgrounds.[2][5][9]

Investigation

According to Giuca he last saw Fisher sitting on the sofa draped in a blanket. Giuca said he had fallen asleep after the party ended and that he had no knowledge of the murder. Giuca's house was searched and he was repeatedly stopped and frisked.[5] According to Detective Mladinich, Albert Cleary became a prime suspect as he was involved in a beating in the Bronx and that case was still active[10].

Fisher's family was unhappy with the way the murder of their son was being investigated, and felt that left to themselves, some officials were minded to have it 'swept under the carpet'.[11] Under pressure to get results in the high-profile case, police announced witnesses were being uncooperative. Media attention leading up to the 2005 Democratic Primary for District Attorney frequently highlighted the investigation into the death of Mark Fisher, and much of it was critical of the District Attorney's Office for a failure to apprehend the killers.[12][13][14] In February 2004, D.A. Charles Hynes convened an “elite” task force led by Michael Vecchione and Anna Sigga-Nicolazzi[15].

After a year of no progress in the case, suddenly, witnesses began to come forward implicating Russo and Giuca. Russo was arrested on November 19, 2004. Giuca was arrested on December 21, 2004.[4][16]

Map detailing the location of Mark Fisher's body in relation to John Giuca's and Albert Cleary's homes.

2004 Criminal trial

Prosecution arguments

Lead prosecutor Anna-Sigga Nicolazzi claimed Giuca's fantasies about being a crime boss had led him to form a gang known as the "Ghetto Mafia", and orchestrate the murder of Fisher.[17] The prosecution accused Giuca of giving Russo a gun, and said he probably brought Fisher to Russo and participated in beating Fisher.[18] Prosecution evidence included heresy of the witnesses’ accounts of what Russo had allegedly said about his own involvement, and of Giuca's alleged involvement in the murder. [19]

Cleary, an original suspect in the case now turned State witness, claims that hours after the body was discovered Giuca had allegedly said, "We may have had something to do with that." Cleary claims that Giuca mentioned he had led Fisher out the house to where Russo was waiting with a gun to rob him, but when Fisher put up a fight Russo had shot him dead.[20] Cleary claimed that in the weeks before the murder Giuca spoke about having the gang kill someone, and had shown him a Ruger .22 pistol at his house.[20]

Defense arguments

Giuca plead not guilty. His defense attorney, Sam Gregory, told the court that if Russo had committed the murder, it was without Giuca's knowledge, participation, or approval, and that prosecution witnesses had given untruthful and contradictory testimony. Gregory said Cleary had earlier given evidence before a grand jury while failing to mention that Giuca allegedly became angry about an incident when Fisher sat on a table. The defense also said Cleary, who had been convicted of an unrelated assault, considered himself to be a "tough guy," and implied that Cleary could have told Russo where to find the gun that was used to kill Fisher.[14][21][22][23][24]

Giuca's defense attorney explained to the court Giuca had not aided Russo, but under pressure to get results in the case, police had made Cleary and Giuca's ex-girlfriend, Lauren Calciano, give false testimony about Giuca having confessed to involvement in the murder.[18]

Gregory dismissed the evidence provided by a former cellmate of Giuca at Rikers Island, John Avitto, who said Giuca had admitted a role in the murder, as a complete fabrication aimed at winning leniency from the authorities.[25]

Verdict and sentencing

Giuca and Russo were tried together, but there were two separate juries. The felony murder rule allows a person to be held responsible for a murder committed in the course of a felony or by being complicit to the felony, regardless of their intent. After three hours of deliberation, a jury found Giuca guilty on charges of second-degree murder, robbery and multiple counts of criminal possession of a firearm. The jury deciding on the case against Russo took two days to find him guilty. In October 2005 Giuca and Russo were each given a sentence of 25 years to life.[26]

Free John Giuca

After Giuca's sentencing a number of people wearing T-shirts bearing the slogan "Free John Giuca" handed out pamphlets outside the courthouse. The pamphlets claimed only a handful of around 150 people subpoenaed to testify before a grand jury had been called to testify in the trial, and said Giuca had not led a gang.[26]

According to supporters of Giuca, injuries to Fisher's body indicating a left-handed assailant, the location of Fisher's body,[27] and details of 911 calls alerting the police, all implicate a crucial prosecution witness in the murder of Fisher.[14][22][27][5] Russo and Giuca were brought to trial 6 weeks before the election.[6][13][14]

Giuca supporters also point to a case in which courts determined prosecutorial misconduct on behalf of the Brooklyn DA.[28][29]

Mother Justice

Giuliano's fight to free her son has attracted widespread attention from media outlets in the United States and abroad including Nightline, On the Case with Paula Zahn,[22] The Early Show,[30] Anderson Live,[6] Vanity Fair,[5] The New York Times,[4] The Guardian,[31] and the Sydney Morning Herald.[32] She has also been featured in online media including The Huffington Post[33] and the Gothamist.[34] Her tireless crusading has earned her the name "Mother Justice".

Allegations of misconduct

Guica's supporters adduced what they said were multiple inconsistencies in witness testimony, police statements, and prosecution arguments, citing that the prosecution had a contradictory case, having argued for multiple mutually exclusive motives and outcomes, ranging from Giuca pulling the trigger, to him having ordered the killing to occur while he was not there.

Charles Hynes

There are also allegations of prosecutorial misconduct by former District Attorney, Charles Hynes, in several cases similar to Giuca's. Those recently winning appeals in such cases include Anthony Yarbough, Jonathan Fleming, Darryl Austin, Robert Hill, Alvena Jennette, David Ranta, William Lopez, Ronald Bozeman, Darrell Dula, Jabbar Collins, and Jeffrey Deskovic. Hynes has since become notorious for wrongful convictions and politically motivated prosecutions.[35]

Jason Allo


Looking for evidence that could win her son a new trial, Giuliano investigated members of the jury.[30] By her account, she recalled a friend of her son's had said he recognized a shaven headed man on the jury. After somehow obtaining details of the jurors' addresses that are not officially available to the defendant, Giuliano targeted Jason Allo. Using the alias "Dee Quinn", Giuliano rented an apartment close to Allo’s residence, transformed her appearance, and established a close relationship with him.[5]

Giuliano secretly recorded their conversations. After nearly a year, she had collected audio of Allo allegedly talking of his biased attitudes towards Giuca, and connections to the case that should have disqualified him from serving on the jury.[36]

Recantations

Two of the four prosecutions witnesses were former suspects in the case. Three of the four witnesses against John have recanted in the last two years, two of them detailing how they were intimidated, threatened, and essentially forced into testifying [37]. The third witness who recanted has admitted that he received a deal from prosecutors [38] for help resolving his own case, providing incentive for him to lie.

John Avitto

On July 8, 2013, John Avitto recanted his testimony and testified in 2015, apologizing in open court to Giuca.[38]

Lauren Calciano

In 2014, John's ex girlfriend officially recanted her testimony. She had testified that John had told her that he had given Russo the gun to rob Mark Fisher. She goes on to state on the record that she was pressured by officer and prosecution to incriminate John in the murder.[37]

Anthony Beharry

Beharry testified that a day or two after the murder, though he couldn’t remember specifically which day, he and John called each other back and forth, during which time Beharry nervously took the gun, put it in the trunk of his car, and left it under a box on the street for someone else to pick up. He later recanted indicating he had not seen John Giuca for approximately a week after the murder and he was pressured to implicate himself and John[39] .

Appeals

Using the recordings of Allo, a legal brief was filed by John Giuca's attorney Lloyd Epstein, arguing Giuca did not receive a fair trial because Allo failed to disclose his connection and knowledge of people in the case.[8][34][40] Giuca's lawyers said that "Allo's failure to disclose his personal knowledge of Giuca disqualified him as a juror regardless of whether he acquired this knowledge before or during the trial, or both."[8][36] The Appellant Division 2nd Department denied the request for a hearing to review evidence of juror misconduct against Allo.[41] Through his attorney, Allo has said the allegations made about him are not true.[36][34] In November 2010, a panel of four judges ruled that even if alleged statements the former juror had made to Giuliano were true, it was not grounds for overturning Giuca's murder conviction.[9] On May 14, 2013, Federal Judge Frederic Block denied Guica's federal habeas petition.[42][43]

In February 2014, an attorney acting for Giuca submitted a petition to Hynes' replacement as Brooklyn district attorney, Kenneth P. Thompson, requesting the conviction be voided. In the petition it was alleged there had been prosecutorial misconduct, a failure by the defense lawyer at trial to point out multiple inconsistencies in the prosecution's case, and recanting of testimony by key prosecution witnesses.[44][45][46]

On June 9, 2016, Guica was again denied his appeal for a new trial. "I have denied the defendant's motion to vacate the judgment" Brooklyn Supreme Court Justice Danny Chun announced in court. The judge also ruled, opposing what Giuca's attorney's had argued, that Guica had received a fair trial more than a decade ago. In Justice Chun's ruling, he pointed out that the case can be appealed. Mark Bederow, Giuca's attorney, confirmed that it will be. "I have no doubt," said Guica's lawyer "His rights were violated. I have no doubt that when it gets up on appeal, [the case] will be vacated."[47]

2018 Conviction Reversal

On February 7, 2018, a state appellate court in Brooklyn, reviewing Assistant D.A. Anna-Sigga Nicolazzi's case against him, unanimously overturned the conviction and sent it back to the Brooklyn district attorney's office.[1]

Aftermath of Conviction Reversal

Russo's Confession

On March 22, 2018, Antonio Russo confessed to killing Mark Fisher.[48] Russo detailed the killing to detectives, in a DD5 that was passed along to Giuca's attorney Mark Bederow. Russo told detectives that he killed Fisher after he and Fisher left Giuca’s home[49]. Russo goes on to state in the DD5 that the “gun was his”[50].

Subsequent Bail Hearings 2018

On February 20th, [51] , June 28th, [52] and September 6th, 2018 Giuca was again denied bail despite having his conviction overturned. [53]

Giuca remains incarcerated at Riker's Island until his next bail hearing on October 11th, 2018 [53].

References

  1. 1 2 "New Trial Ordered in Brooklyn in 2003 Slaying of College Student". Retrieved 2018-09-11.
  2. 1 2 3 "NYS Department of Corrections and Community Supervision". nysdoccslookup.doccs.ny.gov. Retrieved 10 June 2016.
  3. ↑ Winston, Hella (24 September 2014). "Did an Ambitious Prosecutor Convict the Wrong Man for the Killing of Mark Fisher?". New York Observer. Retrieved 10 June 2016.
  4. 1 2 3 4 Wilson, Michael (December 22, 2004). "Second Suspect is Charged in 2003 Murder of Student". The New York Times.
  5. 1 2 3 4 5 6 Ketcham, Christopher (January 2009). "Mother Justice". Vanity Fair. Condé Nast. Retrieved 11 June 2016.
  6. 1 2 3 Backstage: More on John Giuca's Case, Anderson Live website, November 06, 2012
  7. ↑ Gorta, William J. (10 November 2010). "2003 B'klyn grid-slay appeal nixed". New York Post. Retrieved 11 June 2016.
  8. 1 2 3 NY v. Giuca, 2009-50577.
  9. 1 2 Callahan, Maureen (19 August 2012). "Truth-sleuth mom wooed her killer son's juror to get 'mistrial' dirt". New York Post. Retrieved 11 June 2016.
  10. ↑ News, A. B. C. (2018-04-09). "A student's murder, a jailhouse confession and one mother's crusade to free her son". ABC News. Retrieved 2018-09-21.
  11. ↑ "What Happened". markstevenfisher.org. Web.com. Retrieved 11 June 2016.
  12. ↑ "Archived copy" (PDF). Archived from the original (PDF) on July 25, 2011. Retrieved June 5, 2011.
  13. 1 2 Hernandez, Raymond (September 14, 2005). "Hynes Wins a Fiercely Contested Primary Race for District Attorney". The New York Times.
  14. 1 2 3 4 Ketcham, Christopher (November 19, 2009). "The Dumbest Newspapers at the Center of the World". Counterpunch. CounterPunch. Retrieved 11 June 2016.
  15. ↑ "Did an Ambitious Prosecutor Convict the Wrong Man for the Killing of Mark Fisher?". Observer. 2014-09-24. Retrieved 2018-09-21.
  16. ↑ Smith, Aaron (22 December 2004). "Second Suspect Arrested in 2003 Murder". The New York Sun. Two SL LLC. Retrieved 11 June 2016.
  17. ↑ "DA: Fairfield student's killing 'gang fantasy'". The Hour. Norwalk, CT: Hearst Media Services Connecticut. Associated Press. 27 September 2005. Retrieved 11 June 2016.
  18. 1 2 Feuer, Alan (27 September 2005). "In Closing, Prosecutor Calls Student 'Easy Target'". The New York Times. Retrieved 11 June 2016.
  19. ↑ Katz, NancycL.; Martinez, Jose (September 28, 2005). "'Boss' in Student Slay Found Guilty". New York Daily News.
  20. 1 2 Feuer, Alan (17 September 2005). "Friend Says Defendant Admitted Role in Killing". The New York Times.
  21. ↑ NY v. Cleary, 1523 (2003).
  22. 1 2 3 "Mother Justice". youtube.com. 10 July 2010. Retrieved 29 September 2014.
  23. ↑ "Archived copy" (PDF). Archived from the original (PDF) on July 25, 2011. Retrieved June 5, 2011.
  24. ↑ "Archived copy" (PDF). Archived from the original (PDF) on July 25, 2011. Retrieved June 5, 2011.
  25. ↑ Teen Slain For Booze, Jury Told, NY Daily News, September 23, 2005
  26. 1 2 Brick, Michael (11 March 2006). "Unlikely Cause Célèbre Puts Courthouse on Edge". The New York Times. Retrieved 11 June 2016.
  27. 1 2 DD-5 police report, Interview of Albert Cleary, Case No. 3106, Complaint No. 70919 - 10/14/2003 and 11/16/2003
  28. ↑ "Jabbar Collins, wrongfully convicted of murdering rabbi 15 years ago, won't be retried: DA's office". New York Daily News. June 8, 2010. Archived from the original on June 11, 2010.
  29. ↑ "Top Prosecutor in Brooklyn Is Rebuked by U.S. Judge". The New York Times. November 17, 2012.
  30. 1 2 "Undercover Mother". Early Show. February 24, 2009.
  31. ↑ Harris, Paul (February 7, 2009). "How one US mother went undercover in bid to clear 'killer' son". The Guardian.
  32. ↑ "Convict's mum tricks juror into dishing the dirt". Sydney Morning Herald. Fairfax Media. Associated Press. December 5, 2008.
  33. ↑ Hays, Tom (December 4, 2008). "Convict's Mom Goes Undercover, Gets Dirt On Juror". Huffington Post. Archived from the original on October 21, 2013.
  34. 1 2 3 Chung, Jen (November 11, 2010). "No Appeal in Convicted Killer's Mom Woos Juror Case". Gothamist. Gothamist LLC. Archived from the original on February 2, 2016.
  35. ↑ Winston, Hella (17 August 2014). "Ghetto mobster or innocent man? An NYC murder case falls apart". New York Post.
  36. 1 2 3 "Mom's Double Life". Nightline. March 3, 2009.
  37. 1 2 (PDF) http://www.freejohngiuca.com/docs/Lauren_Calciano_Recantation.pdf. Missing or empty |title= (help)
  38. 1 2 Carrega-Woodby, Christina. "Ex-con recants trial testimony against 'Grid Kid Slayer' - NY Daily News". nydailynews.com. Retrieved 2018-09-12.
  39. ↑ (PDF) http://www.freejohngiuca.com/docs/Anthony_Beharrys_Recantation.pdf. Missing or empty |title= (help)
  40. ↑ "Attorney Lloyd Epstein". epsteinweil.com. Epstein & Weil, LLC. Retrieved 28 September 2014.
  41. ↑ "Judge throws out appeal of mother who seduced juror to exonerate her son John Giuca". New York Daily News. April 1, 2009. Archived from the original on May 23, 2012.
  42. ↑ "New York Eastern District Court: Giuca v. Lee". justia.com. May 14, 2013.
  43. ↑ "Memorandum And Order: Petitioner Giucas § 2254 petition is denied for Giuca v. Lee". justia.com. May 14, 2013.
  44. ↑ Yee, Vivian (January 30, 2014). "Citing Misconduct, Lawyer Seeks Review of Conviction in 03 Brooklyn Killing". The New York Times. Retrieved June 11, 2016.
  45. ↑ Yee, Vivian (2 February 2014). "Petition Seeking to Void Brooklyn Murder Conviction Calls Verdict a 'Sham'". The New York Times. Retrieved 7 November 2014.
  46. ↑ Bredderman, Will (February 21, 2014). "Mother of John Giuca hopes District Attorney Ken Thompson will review murder conviction". The Brooklyn Paper. News Community Newspapers Holdings, Inc.
  47. ↑ Ford, James (9 June 2016). "John Giuca, so-called Grid Kid Murderer, denied new trial despite new info supporting his innocence". New York's PIX11 / WPIX-TV. Tribune Broadcasting. Retrieved 11 June 2016.
  48. ↑ News, A. B. C. (2018-04-09). "A student's murder, a jailhouse confession and one mother's crusade to free her son". ABC News. Retrieved 2018-09-21.
  49. ↑ Winston, Hella (2018-04-03). "Star Athlete's Murderer Confesses. Why Is Someone Else Still Locked Up?". The Daily Beast. Retrieved 2018-09-21.
  50. ↑ News, A. B. C. (2018-04-09). "A student's murder, a jailhouse confession and one mother's crusade to free her son". ABC News. Retrieved 2018-09-22.
  51. ↑ "Giuca Post-Vacature Bail Denial Transcript | New York Supreme Court | Witness". Scribd. Retrieved 2018-09-12.
  52. ↑ Carrega, Christina. "John Giuca slams judge after being denied bail in murder conviction that was overturned - NY Daily News". nydailynews.com. Retrieved 2018-09-12.
  53. 1 2 "Brooklyn man remains in jail despite having murder conviction overturned". Retrieved 2018-09-11.
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