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 out of jail.

"I remember at trial, I asked if he took pills for a psychiatric disorder, he denied it and said he uses it for sleeping," said John Giuca's 2005 trial attorney, Samuel Gregory, about his cross-examination of John Avitto.

Gregory testified at the ongoing hearing in Brooklyn Supreme Court to determine whether Giuca received a fair trial due to withheld evidence involving Avitto, a jailhouse informant.

Avitto recanted his trial testimony eight years after it helped convict Giuca (pictured) for the 2003 murder of Mark Fisher.
Avitto recanted his trial testimony eight years after it helped convict Giuca (pictured) for the 2003 murder of Mark Fisher. (Stefan Jeremiah/Stefan Jeremiah)

"Were you aware that he told medical personnel that he lied about having mental illness to get out of jail?" asked Giuca's attorney Mark Bederow.

"No," Gregory replied, adding, "That would have been very important … because it shows that he would like to benefit himself."

0:00
0:00