A TRAVESTY OF JUSTICE IN BROOKLYN
John Giuca was wrongfully convicted of the 2003 murder of Mark Fisher. In September 2003, John was a college student, studying 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.
Prosecutor Anna-Sigga Nicolazzi appointed herself judge and jury in order to win a conviction at all cost. She appeared in drug-court alongside a drug-addicted, jailhouse informant facing years in prison. That junkie's testimony was used to seal Giuca's conviction when Nicolazzi used him as the trial's final witness; hiding the truth from the judge, the jury, and Giuca. The addict later came forward to apologize to John, admitting he cut a deal with the prosecutor and lied because was scared of going to prison. Two other witnesses came forward as well, stating under oath, that they were threatened and coerced by Nicolazzi. She is also accused of burying a recording of her interview with a jailhouse snitch who said Giuca didn't kill Mark Fisher. There are also suspicious questions surrounding other witnesses in this case.
After 18 years in prison, and 12 rubberstamped appeals that would've led to automatic reversals in any other case, attorney Mark Bederow's integrity, hard work, and dedication, as well as his belief in John's innocence paid off, and in February 2018, an appellate court unanimously overturned John's conviction and ordered a new trial. However, Judge Danny Chun still denied John bail despite:
- No physical or forensic evidence linked John to the crime.
- No eyewitnesses ever linked John to the crime.
- The prosecution had no murder weapon, no clear motive, and admittedly, no idea what actually happened.
- The physical evidence pointed away from John.
- Initial suspects gave conflicting statements, and changed their stories multiple times in significant ways.
John was tried and convicted in 2005, and sentenced to 25 years to life. Less than a month later, Charles Hynes went on to secure a fifth term in office, after a hotly contested primary. The same year John was convicted, Nicolazzi received the prestigious Thomas E. Dewey medal from the New York City Bar Association, followed by an astounding $43,000 raise. The evidence is clear and documented: John Giuca never got a fair trial.
These organizations also believe that John Giuca did not receive a fair trial due to the prosecutor's suppression of favorable evidence:
National Association of Criminal Defense Lawyers, Innocence Project, American Civil Liberties Union, New York Civil Liberties Union, New York State Association of Criminal Defense Lawyers, Legal Aid Society, Bronx Defenders, Center for Appellate Litigation, Office of the Appellate Defender, and Chief Defenders Association of New York, and Center on the Administration of Criminal Law at New York University School of Law.
"ADA Nicolazzi displayed a cynical disregard for the truth in her presentation of the evidence...a prosecutor is ethically forbidden to play fast and loose with the evidence in the way ADA Nicolazzi did."
"John Giuca, in my opinion, did not receive a fair trial. The integrity of his conviction was corrupted by an evidentiary foundation built on false evidence, and further undermined by the misconduct of the prosecutor who knowingly presented perjured testimony, and vouched for its truthfulness."
-Bennett Gershman, in a letter to DA Ken Thompson, February 24, 2014
Mr. Gershman is a Pace University Distinguished Professor, the highest honor the University bestows upon faculty. In 2022, he was honored with a Lifetime Achievement Award by the New York Law Journal for his impact on the legal community and the practice of law over his entire career.
Hear John's Lawyer Mark Bederow on Crawlspace
In this episode Tim Pilleri and Lance Reenstierna speak with John Giuca's lawyer Mark Bederow about John's case and much more.
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Listen to the Wrongful Conviction Podcast
#340 Jason Flom with John Giuca Pt.1
On October 12, 2003, Mark Fisher was found shot and killed in a driveway in Brooklyn, NY after spending the night hanging out with a group of his peers, including John Giuca and Antonio Russo. Upon interrogation, a few of the people that Mark had been with late the night before led police to believe that John and Antonio were involved in Mark’s murder. Despite no physical evidence and no eyewitnesses linking him to the crime, John was convicted of the murder and sentenced to 25 years to life in prison solely based on witness testimony.
#341 Jason Flom with John Giuca Pt.2
On October 12, 2003, Mark Fisher was found shot and killed in a driveway in Brooklyn, NY after spending the night hanging out with a group of his peers, including John Giuca and Antonio Russo. Upon interrogation, a few of the people that Mark had been with late the night before led police to believe that John and Antonio were involved in Mark’s murder. Despite no physical evidence and no eyewitnesses linking him to the crime, John was convicted of the murder and sentenced to 25 years to life in prison solely based on witness testimony.
18 Years Later, in John's Own Words
Read the Truth of John's Story
John's story is littered with accounts of prosecutorial corruption, juror fraud, and mistrials. Warning: these accounts may shake your faith in our democracy, as you learn of prosecuting attorneys' coercion of witnesses, suppression of evidence, threats, and back-end deals.
Here's How You Can Help!
Send a Message to the Governor of New York, Kathy Hochul. Feel free to COPY the text below, or create your own message to type into their website form.
Dear Governor Kathleen C. Hochul,
I am writing to bring your attention to the case of John Giuca, who has been incarcerated for over 19 years after being wrongfully convicted of murder in 2005. John's case is deeply concerning due to the multiple aspects that suggest he did not receive a fair trial.
The prosecution relied on false testimony from a key witness who has since recanted his testimony and admitted to lying under oath. The Honorable Justice Hector LaSalle subsequently overturned John's conviction in February 2018 due to this false testimony. However, the Court of Appeals later reinstated the conviction based on trial testimony regarding Giuca disposing of the gun, which Justice Jenny Rivera dissented and believed the prosecution had intentionally withheld this information. Additionally, exculpatory evidence was withheld from John's defense team for over 13 years, including a pre-trial statement by Joseph Ingram that confirmed Giuca did not assist in getting rid of the gun. In March 2018, detectives preparing for a potential retrial spoke to Russo, the actual shooter, who confirmed once again that he acted alone and that the gun used in the crime was his.
There were five competing theories of the crime presented at trial, including one that Giuca physically participated in Fisher's robbery and murder at a location three blocks from the actual crime scene, and another he was at home sleeping while it happened and that he took the murder weapon from Russo that morning and gave it to a friend to give it to another person to dispose of later that day. Despite the inconsistencies and conflicting accounts amongst the key witnesses, the DA instructed the jury to pick and choose which theory made sense to them.
Additionally, a juror exhibited anti-Semitic behavior and wrongly assumed that John was Jewish due to the pronunciation of his last name, "Giuca," which sounds like "jew-ka." Moreover, this juror was incentivized by their employer to serve on the jury and 'fry the Jewish kid.'
Finally, there are concerns about the handling of the case under Charles Hynes' tenure and the Brooklyn CRU's refusal to issue a report in 2016. Former Brooklyn District Attorney Charles Hynes has been linked to several wrongful convictions during his tenure as DA from 1990 to 2013. According to the National Registry of Exonerations, there have been at least 20 wrongful convictions linked to Hynes' office, including cases involving withheld evidence and official misconduct.
I urge you to investigate John's case and take steps to vacate or pardon his conviction through any available means as Governor, and secure his release from prison. It is crucial that we ensure our constitutional rights are not violated and that innocent people are not wrongfully convicted and imprisoned in the name of securing convictions.
Thank you for your attention to this important matter.
Sincerely,