Lead prosecutor in 'Grid Kid' murder case didn't disclose she appeared in court on behalf of troubled witness
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 witness before he took the stand.
"Do you believe you deprived the jury about John Avitto's credibility by not disclosing your role in (his) release?" John Giuca's attorney Mark Bederow asked prosecutor Anna-Sigga Nicolazzi.
"No," replied a poised Nicolazzi on day two of her testimony regarding accusations that she failed to tell the defense about Avitto's cooperation agreement and his psychiatric history.
Avitto had a warrant out for his arrest after skipping out of his drug treatment program in June 2005.
He called police to flip on Giuca, his former cellmate, with hopes to stay out of jail.
Nicolazzi personally took Avitto to court to return him on the warrant after he told her that Giuca confided in him about his role in Mark Fisher's Oct. 2003 murder.
The veteran prosecutor had an off-the-record conversation with the judge, who, in turn released Avitto.
"Why didn't you tell the jury or the defense that you were the DA that appeared in court with him?" asked Bederow who pointed out that during the Sept. 2005 trial Nicolazzi clarified that the judge on Avitto's drug treatment case was not the trial judge.
"No, there was no obligation now or then to disclose," she replied.