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. “He’s an innocent man, and he needs to be free.”
He was originally convicted in the 2003 shooting death of New Jersey college student Mark Fisher after a night of drinking in Prospect Park South.
A few months ago, an appeals court ruled he did not receive a fair trial.
The judge’s decision to deny bail means he will remain incarcerated at Rikers Island as he awaits a possible retrial.
“It’s a violent place,” Giuliano says. “John’s safety is a concern.”
Drama and intrigue have long been a part of the case.
After her son’s conviction, Giuliano went undercover and befriended a juror, recording evidence that he had known some of the witnesses in the trial. Her actions prompted allegations of juror misconduct.
And Giuca’s friend, Antonio Russo, is also serving a life sentence for the crime. Giuca’s lawyer says that a few months ago, Russo confessed to committing the crime himself, with his own gun.
Prosecutors are trying to reverse the overturned conviction. Giuca’s next court date is June 28.