Case Documents

In 2014, when the Conviction Review Unit claims they were reinvestigating the whole case, prosecutors never even bothered to interview the man who stood at the very heart of the story; the man who was convicted of being the shooter, Antonio Russo. Instead, John Giuca was simply denied by the Conviction Review Unit and kept in prison after a perfunctory reevaluation.

It wasn't until after John Giuca's conviction was thrown out in February of 2018, and prosecutors were trying to gather evidence to drag Giuca back to trial, that they finally went to go interview Russo. This effort to polish a turd, and continue to build evidence for a bad case went south when Russo admitted to this crime, and admitted to acting alone.

Now prosecutors are mischaracterizing Russo's confession by saying that it "doesn't prove anything," when in fact, it shows that Russo did this, and Giuca wasn't involved. They now have the perpetrator giving them a declaration against penal interest by giving them an outright admission, which upends everything they said about Giuca at trial.

2018.06.06 - Supplement to June 12 2018 motion
2014.02.01 - Petition to the CRU
2015.07.02 - 440.10 Reply Memo of law
2015.03.26 - 440.10 Notice of Motion and Affirmation
2015.01.01 - Exhibits to 440.10 motion
2016.07.05 - Application for Leave to Appeal
2017.02.08 - Appellate Brief-2nd Dept
2019.04.01 - People v Giuca - Amicus Brief - Rudin - 12938
2018.02.07 - People v John Giuca
2019.03.14 - Center on Administration Amicus Brief
2019.08.05 - Notice of C.P.L. 440.10 Motion
2019.08.05 - Memo of Law C.P.L. 440.10
2020.01.30 - C.P.L. 440.10 Reply Brief
2015.03.26 Memo of Law C.P.L. 440.10
2019.06.11 - The People v. John Giuca

***Definition of Amicus Curiae: Latin for "friend of the court." Plural is "amici curiae." Frequently, a person or group who is not a party to an action, but has a strong interest in the matter, will petition the court for permission to submit a brief, usually while the case is on appeal, in the action with the intent of influencing the court's decision.

Attorneys of Record for Amici Curiae on John Giuca's behalf are as follows; Joel Rudin, Barry Scheck, Nina Morrison, John C. Schoeffel, Somil Trivedi, Philip Desgranges, Christopher Dunn, Ross E. Firsenbaum, and Tara E. Levens

Witnesses

2018.03.26 - Exhibit WWW Russo DD5
2014.01.13 - Beharry Affidavit
2014.01.23 - Lauren Calciano Affidavit
2013.07.08 - Avitto Affidavit