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."

Claims of Innocence

***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.

These organizations listed below believe that John Giuca didn't receive a fair trial due to the prosecutor's suppression of favorable evidence. 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,

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.