Latest Updates

Another Anna-Sigga Nicolazzi Prosecution Begins To Unravel

By john | January 8, 2021

Another Anna-Sigga Nicolazzi Prosecution Begins To Unravel The glamorous Brooklyn prosecutor-turned-reality TV star is accused of concealing evidence in a second case. by THEODORE HAMMTHE INDYPENDENT Here’s a story about Brooklyn criminal justice featuring a glamorous prosecutor, a powerful judge, a retired NYPD detective and a prisoner not eligible for parole until 2028. Detective Frank … Read more

Albert Cleary Testimony

By john | November 14, 2020

  The bulk of the trial testimony came from Albert Cleary, who told detectives several different stories before incriminating John. Albert told the jury that he and Angel DiPietro left John’s house at some point on the morning of October 12th and walked back to his house. He testified that he and Angel went to … Read more

John Avitto Testimony

By john | November 14, 2020

  John Avitto, a drug addict and predicate felon, was incarcerated with John in early 2005. At the time, Avitto was thirty- five and in for a burglary charge, which would eventually result in his 18th conviction (at least). Unbeknownst to John and his attorneys, he’d also recently been diagnosed with schizophrenia. John’s lawyers were … Read more

Anthony Beharry Testimony

By john | November 14, 2020

    Anthony Beharry was a friend of John’s and also lived in the neighborhood. Like Lauren, he wasn’t at the party. But he testified that in the days that followed, John contacted him and asked him to help get rid of the gun. This, despite the fact that Antonio Russo had apparently hinted to … Read more

Angel DiPietro Testimony

By john | November 14, 2020

  Angel DiPietro, who is now an assistant district attorney in the very office that once called her an “uncooperative witness”, is a crucial character in this story, despite efforts to minimize her role. Her testimony reflects these efforts; she knew nothing, saw nothing, remembered no details, and took herself out of the equation at … Read more

Lauren Calciano Testimony

By john | November 14, 2020

Lauren Calciano was, at the time, John Giuca’s girlfriend. Lauren was not at the party, however she testified that she went over to John’s house during the day on October 12th. She stated that Albert Cleary was also present, and that John told both of them that the following evening, Antonio Russo came up to … Read more

Rogue Brooklyn Prosecutor Could Soon Face a Day of Reckoning

By john | May 26, 2020

Rogue Brooklyn Prosecutor Could Soon Face a Day of Reckoning by THEODORE HAMM THE INDYPENDENT   Anna-Sigga Nicolazzi never lost a homicide case. But evidence is mounting that the star prosecutor won some of her cases by concealing evidence and other unethical practices. Throughout the pandemic, advocates have expressed continued frustration regarding Gov. Andrew Cuomo’s unwillingness … Read more

Attorney for John Giuca Says Court of Appeals Was Misled Before Denying New Murder Trial

By john | August 7, 2019

Attorney for John Giuca Says Court of Appeals Was Misled Before Denying New Murder Trial by Dan M. Clark New York Law Journal (Online) An attorney for John Giuca, a Brooklyn man who has claimed for more than a decade that he was falsely accused of murdering a New Jersey college student, said in a … Read more

NY Court of Appeals Set to Eye Alleged Withholding of Evidence in Murder Trial of John Giuca

By john | April 26, 2019

NY Court of Appeals Set to Eye Alleged Withholding of Evidence in Murder Trial of John Giuca   by Dan M. Clark New York Law Journal (Online) The state’s highest court will hear arguments next week on whether John Giuca, a Brooklyn man convicted more than a decade ago of murdering a New Jersey college … Read more

Prosecutorial Misconduct

By john | March 14, 2019

Prosecutorial Misconduct “A prosecutor may ‘strike hard blows, but he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.” –Berger v. United States “It is my … Read more

The Case

By john | March 13, 2019

The Wrongful Prosecution of John Giuca 1. The Murder On Saturday, October 11, 2003, college student Mark Fisher went out with some friends on the Upper East Side of Manhattan. At a bar, he ran into Angel DiPietro, a classmate from Fairfield University, who was out with some of her friends, including a girl named … Read more

Summary

By john | March 13, 2019

      In September of 2003, John Giuca was a college student, studying Criminal Justice at the prestigious John Jay University in New York City. But just two years later, his life would grind to a screeching halt when he was sentenced to 25-years to life for a crime he did not commit. Convinced … Read more

2018.06.06 – Supplement to June 12 2018 motion

By Mark Scetta | June 6, 2018 | 0 Comments

Despite Recanting Witness, Judge Rejects ‘Grid Kid Killer’ Appeal

By john | June 10, 2016

Despite Recanting Witness, Judge Rejects ‘Grid Kid Killer’ Appeal by Hella Winston Gothamist   The witness that helped convict John Giuca for the murder of Mark Fisher in 2003 had a strong motive to cooperate and has since recanted, but that was not enough to sway a Brooklyn judge to order a new trial. Yesterday Justice Danny … Read more

Did The Brooklyn DA Frame An Innocent Man For A College Student’s Murder?

By john | January 8, 2016

Did The Brooklyn DA Frame An Innocent Man For A College Student’s Murder? by Hella Winston Gothamist   It’s not every day that a 27-year veteran of the NYPD openly contradicts a prosecutor and admits under oath that he was “not sure if I believed anything” about a key conversation relayed by a jailhouse informant … Read more

The Giuca Case, and the Prosecutor’s Willful Blindness to the Truth

By john | December 11, 2015

The Giuca Case, and the Prosecutor’s Willful Blindness to the Truth Bennett L. Gershman, Contributor Professor of Law, Elizabeth Haub Law School, Pace University The Huffington Post It was a sensational New York murder trial – the Grid Kid Slaying – in which two young men, John Giuca and Antonio Russo, alleged members of a … Read more

Original ‘Grid Kid Slayer’ attorney admits he was in dark about witness’ mental illness, crucial lie

By john | December 10, 2015

Original ‘Grid Kid Slayer’ attorney admits he was in dark about witness’ mental illness, crucial lie by Christina Carrega NY Daily News   The original trial attorney who represented the convicted “Grid Kid Slayer” conceded he was not aware that the prosecution’s key witness suffered from mental illness and admitted to fabricating stories to get … Read more

A murder, two moms and a mess

By john | November 25, 2015

A murder, two moms and a mess   by Harry Siegel NY Daily News It’s Thanksgiving, so here’s a story about mothers and sons. It starts in 2003, when 19-year-old college student Mark Fisher made his first solo trip to NYC. He met a fellow student, Angel DiPietro, at an Upper East Side bar and … Read more

Lead prosecutor in ‘Grid Kid’ murder case didn’t disclose she appeared in court on behalf of troubled witness

By john | November 24, 2015

Lead prosecutor in ‘Grid Kid’ murder case didn’t disclose she appeared in court on behalf of troubled witness by Christina Carrega NY Daily News   The lead prosecutor who presented testimony from a diagnosed bi-polar schizophrenic to convict the “Grid Kid Slayer” did not disclose that she appeared in court on behalf of the troubled … Read more

Brooklyn DA Ken Thompson Passes On a Chance to Right a Potential Wrongful Conviction

By john | July 10, 2015

Brooklyn DA Ken Thompson Passes On a Chance to Right a Potential Wrongful Conviction Key evidence was withheld and changed from defendant in high-profile murder case by Hella Winston Observer   Convicted: John Giuca (Photo: Youtube) Back in January, after his Conviction Review Unit (CRU) had completed a yearlong re-examination of the state’s case against … Read more

Did an Ambitious Prosecutor Convict the Wrong Man for the Killing of Mark Fisher?

By john | September 24, 2014

Did an Ambitious Prosecutor Convict the Wrong Man for the Killing of Mark Fisher? by Hella Winston Observer   In 2010, New York magazine published a highly sympathetic profile of Brooklyn homicide prosecutor Anna-Sigga Nicolazzi, who was at the time prosecuting a case involving the murder of a 47-year-old, male freelance radio journalist by a 16-year-old boy … Read more

Ghetto mobster or innocent man? An NYC murder case falls apart

By john | August 17, 2014

Ghetto mobster or innocent man? An NYC murder case falls apart by Hella Winston New York Post John Giuca was accused of being a gang boss who ordered the death of a teen. But as the case slowly falls apart, he may turn out to be just another victim of Brooklyn justice. In the early … Read more

Petition Seeking to Void Brooklyn Murder Conviction Calls Verdict a ‘Sham’

By john | February 2, 2014

Petition Seeking to Void Brooklyn Murder Conviction Calls Verdict a ‘Sham’ by Vivian Yee New York Times The 2005 conviction of John Giuca for the murder of Mark Fisher, a college football player from New Jersey, was a “sham” built on prosecutorial misconduct, a feeble defense, contradictory evidence, a biased juror and the testimony of … Read more

Citing Misconduct, Lawyer Seeks Review of Conviction in ’03 Brooklyn Killing

By john | January 30, 2014

Citing Misconduct, Lawyer Seeks Review of Conviction in ’03 Brooklyn Killing By Vivian Yee New York Times The murder riveted New York City and stymied detectives for months: What chance meetings and turns of fate led Mark Fisher, a photogenic 19-year-old college football player from New Jersey, to end up shot dead on a quiet Brooklyn street, … Read more

What is a Wilson Pakula Really Worth, Anyway?

By john | August 8, 2009

What is a Wilson Pakula Really Worth, Anyway? by John GaltAtlas Shrugs in Brooklyn If you don’t already know, a Wilson Pakula refers to the special authorization a party can give to someone from another party to allow them to run on that party’s ticket.  For local races, the Brooklyn Republican Party’s Executive Committee is usually responsible for deciding … Read more

Vanity Fair: Mother Justice

By john | November 28, 2008

Mother Justice When her son was sentenced to 25 years for Brooklyn’s 2003 “grid kid” slaying, Doreen Quinn Giuliano was sure he’d been wrongfully convicted. To prove it, she went undercover, testing her sanity, her marriage, and the justice system. by Christopher Ketcham Vanity Fair November 2007, an apartment in the Bensonhurst section of Brooklyn: … Read more

NYS’s Top Court Gives Prosecutors Green Light to Conceal Evidence From Defendants

By john | July 1, 2019

DiFiore’s ruling in the Giuca case was “a backward-looking decision,” says veteran exoneration lawyer Ron Kuby. “Instead of forcing prosecutors to live up to their constitutional duties,” he continues, “the decision encourages the suppression of favorable evidence — and after conviction, allows prosecutors to argue the defendant was so guilty that the evidence didn’t matter.”

2014.02.01 – Petition to the CRU

By Mark Scetta | February 1, 2014

2015.07.02 – 440.10 Reply Memo of law

By Mark Scetta | March 26, 2015

2015.03.26 – 440.10 Notice of Motion and Affirmation

By Mark Scetta | March 26, 2015

2015.01.01 – Exhibits to 440.10 motion

By Mark Scetta | January 1, 2015

2016.07.05 – Application for Leave to Appeal

By Mark Scetta | July 5, 2016

2017.02.08 – Appellate Brief-2nd Dept

By Mark Scetta | February 8, 2017

2019.04.01 – People v Giuca – Amicus Brief – Rudin – 12938

By Mark Scetta | April 4, 2014

2018.02.07 – People v John Giuca

By Mark Scetta | February 7, 2018

2019.03.14 – Center on Administration Amicus Brief

By Mark Scetta | March 14, 2019

2018.03.26 – Exhibit WWW Russo DD5

By Mark Scetta | March 26, 2018

2019.08.05 – Notice of C.P.L. 440.10 Motion

By Mark Scetta | August 5, 2019

2019.08.05 – Memo of Law C.P.L. 440.10

By Mark Scetta | August 5, 2019

2020.01.30 – C.P.L. 440.10 Reply Brief

By Mark Scetta | January 30, 2020

2015.03.26 Memo of Law C.P.L. 440.10

By Mark Scetta | March 26, 2020

2014.01.13 – Beharry Affidavit

By Mark Scetta | January 13, 2014

2014.01.23 – Lauren Calciano Affidavit

By Mark Scetta | January 23, 2014

2014.01.23 – Lauren McCulloch Affidavit Download

2013.07.08 – Avitto Affidavit

By Mark Scetta | July 8, 2013

2019.06.11 – The People v. John Giuca

By Mark Scetta | June 11, 2019

John Giuca: 5 Fast Facts You Need to Know

By john | May 17, 2019

by S.M. Walsh Heavy.com Tonight, ABC News’ 20/20 will investigate John Giuca, who was convicted of second-degree murder in the 2003 death of Mark Fisher. Despite the fact that his conviction was unanimously overturned in 2018, Giuca is still being held behind bars at Riker’s Island. He has been denied three bail hearings despite the … Read more

Man’s conviction for college student’s murder was overturned last year, but he remains behind bars

By john | May 15, 2019

Man’s conviction for college student’s murder was overturned last year, but he remains behind bars John Giuca got 25 years to life in prison for Mark Fisher’s death. by Enjoli Francis and Chris Kilmer ABC News   During Columbus Day weekend in 2003, John Giuca had an impromptu party on the night of Oct. 11. Mark Fisher, 19, … Read more

The system on trial, too late: John Giuca’s conviction was overturned; how can he go back to prison?

By john | May 5, 2019

by Harry Siegel NY Daily News   John Giuca’s life took a turn for the worse last year, after an appellate court overturned his murder conviction, ruling that the Brooklyn district attorney’s office, then led by Joe Hynes, had used “knowingly false or mistaken material testimony” to convict Giuca in 2005 for the 2003 murder … Read more

Retired detective lied to keep ‘Grid Kid killer’ locked up: lawyers

By john | June 27, 2018

Retired detective lied to keep ‘Grid Kid killer’ locked up: lawyers by Emily Saul New York Post   A retired NYPD detective lied to keep accused “Grid Kid Killer” John Giuca behind bars, defense attorneys claim in a new letter. Retired Detective Thomas Byrnes testified in a 2015 hearing that he’d first met jailhouse snitch … Read more

‘Grid Kid’ murder suspect’s lawyer requests DA launch probe into his office

By john | June 22, 2018

‘Grid Kid’ murder suspect’s lawyer requests DA launch probe into his office by Emily SaulNew York Post A lawyer for the man awaiting retrial for a 2003 murder is personally​​ petitioning the Brooklyn ​district ​a​​​ttorney to launch a probe​ –​ into his own office​.​ In a letter to DA Eric Gonzalez, defense attorney Mark Bederow requests an … Read more

‘Grid Kid’ murder suspect’s lawyers claim prosecutors framed him

By john | June 18, 2018

‘Grid Kid’ murder suspect’s lawyers claim prosecutors framed him   by Emily Saul New York Post Attorneys for a Brooklyn man facing retrial for the 15-year-old murder of a college football player say they’ve unearthed more evidence that a former prosecutor framed their client. Ex-prosecutor Anna-Sigga Nicolazzi wrote a letter of recommendation for a witness after he … Read more

Man facing retrial in ‘Grid Kid’ killing argues lawyers purposely suppressed evidence

By john | June 13, 2018

Man facing retrial in ‘Grid Kid’ killing argues lawyers purposely suppressed evidence   by Emily Saul New York Post The man facing retrial ​for the 15-year-old murder of a college football player at a Brooklyn house party is trying to get the case tossed — arguing the ​​prosecutor deliberately suppressed evidence ​that could have cleared him. John … Read more

He’s Been Locked Up for 13 Years. Will This Tape Free Him?

By john | June 12, 2018

He’s Been Locked Up for 13 Years. Will This Tape Free Him? ‘TOUGH GUYS CARRY NINES’                       Before convicting John Giuca of murder, his prosecutor recorded a conversation with a snitch whose account suggests Giuca didn’t do it. Why is the DA just handing that over … Read more

Judge denies bail for John Giuca despite overturned murder conviction

By john | May 1, 2018

Judge denies bail for John Giuca despite overturned murder conviction   News 12 Brooklyn   BROOKLYN – A judge denied bail Tuesday for a Brooklyn man whose 2003 murder conviction was overturned on appeal. John Giuca’s relatives and lawyer are continuing to fight for his release. “The case has crumbled,” says his mother, Doreen Giuliano. … Read more

Man convicted in ‘Grid Kid’ slaying finally confesses

By john | April 3, 2018

Man convicted in ‘Grid Kid’ slaying finally confesses By Gabrielle Fonrouge and Lia EustachewichNew York Post The Brooklyn man convicted of helping to kill Connecticut college football star Mark Fisher has finally confessed to the 2003 slaying, according to a report. The admission by “Grid Kid” killer co-defendant Antonio Russo was made to detectives during … Read more

Star Athlete’s Murderer Confesses. Why Is Someone Else Still Locked Up?

By john | April 2, 2018

by Hella Winston The Daily Beast In February, after serving almost 13 years in prison, a Brooklyn man named John Giuca had his murder conviction thrown out by an appellate court citing violations by the prosecutor—a former darling of the Brooklyn DA’s Homicide Bureau who now has her own true-crime TV show. The court ordered a retrial but … Read more

Star Prosecutor Turned TV Commentator Just Got Caught Doing Some Dirty Tricks

By john | February 12, 2018

Star Prosecutor Turned TV Commentator Just Got Caught Doing Some Dirty Tricks by Bennett GershmanLaw & Crime Anna-Sigga Nicolazzi, a tough, seasoned Brooklyn prosecutor claimed she tried over 50 cases and never lost.  She was chief of the Homicide Bureau when she left the office to become a celebrity TV commentator on the Discovery channel. … Read more

The False Conviction of the District Attorney Turned Reality Star

By john | February 10, 2018

The False Conviction of the District Attorney Turned Reality Star TRUE CONVICTION? Just after Anna-Sigga Nicolazzi parlayed her success as a Brooklyn ADA into a new career as a true-crime TV host, an appeals court reversed one of her signature murder convictions.  by Christopher Ketcham The Daily Beast   Just after Anna-Sigga Nicolazzi parlayed her … Read more

Brooklyn man convicted in 2003 ‘Grid Kid’ slaying of college football player granted retrial

By john | February 7, 2018

by Christina Carrega and Leonard Greene NY Daily News The man convicted in the “Grid Kid” killing of a Fairfield University football player in Brooklyn 15 years ago is getting a new trial. A state appellate court sided with John Giuca Wednesday in his longtime bid to have another jury hear the evidence related to … Read more

Lawyer’s Battle Over Conduct in 2003 Murder Case in Brooklyn

By john | November 23, 2015

Lawyer’s Battle Over Conduct in 2003 Murder Case in Brooklyn by Stephanie CliffordThe NY Times It was lawyer versus lawyer Monday, as a top Brooklyn homicide prosecutor took the stand in a hearing revisiting a murder conviction in a 2003 killing. Anna-Sigga Nicolazzi, the chief of trials in the homicide bureau at the Brooklyn district attorney’s … Read more

The Dumbest Newspapers at the Center of the World

By john | November 19, 2009

“A 20-year-old named John Giuca, who hosted the football player at a house party just hours before his murder, was soon picked up by the DA’s detectives, and the leaks went out from the DA’s office to the chopping block at the tabloids. Giuca was no longer simply a young guy who threw a party and who the DA had little real evidence against. He was now head of a street gang, the “Ghetto Mafia,” arch-fiend, octopus-armed director of events that led to the murder (dispatching his henchman to kill the victim). The always execrable Andrea Peyser, the Post pundit who (my sources tell me) sprays ammonia in her eyes to start the day, all but declared Giuca guilty, and though she was kind enough to refer to him as a “skinny punk,” she couldn’t even report out his name correctly: Peyser wrote him up as “Guica,” and so did just about every one of the scores of articles about the case in the Post – so much for fact-checking.

John Giuca, who was studying to be a detective, was now beyond redemption; he was even declared the “Tony Soprano” of Brooklyn. The News and the Post pounced on whatever they could find: Giuca was once arrested for drug dealing, they reported, and he had once fired a gun in the air. They were fed blindly at the trough by the DA’s office, because none of it was true. “I hated those fucking reporters,” John Giuca’s mother, Doreen Giuliano, told me. “The drugs were one bag of pot and one pill that was found on his friend – not even on John! So there’s five guys – what, were they all gonna break the pill apart and sell it?” And the gun charge? Giuca was lighting firecrackers and got written up for it when he was 17 years old. After his arrest for the murder of the football player, “unnamed witnesses,” produced by the DA’s office, came forward to attest that the fireworks were pistols. “These assholes at the Post,” said Doreen. “They never even checked the facts. They took the DA’s spin on it whole-hog and now John is a drug dealer and a gun-wielding thug.”

Henceforth, Doreen would not believe another word she read in the Daily News or the New York Post. Her son was convicted – in part because several of the jurors were influenced by the wonderful reportage in the tabloids – and is today serving 25 years to life. But heck: this is all a moot point. The readers elsewhere don’t seem to believe the words either. The Post dropped its circulation by 200,000 over the last twelve months, the Daily News declined by 250,000 – statistics in the ongoing tragic death throes of the American newspaper. In the case of the last of New York’s tabloids, since we know enough about how the dimwits have driven into the gutter once great papers, it’s a senescence long overdue.”

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