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| birth_place = {{nowrap|[[Brooklyn]], [[New York (state)|New York]], U.S.}}
| birth_place = {{nowrap|[[Brooklyn]], [[New York (state)|New York]], U.S.}}
| nationality = American
| nationality = American
| education = [[Bishop Ford Central Catholic High School]]<ref name="observer">{{cite news|last1=Winston|first1=Hella|title=Did an Ambitious Prosecutor Convict the Wrong Man for the Killing of Mark Fisher?|url=http://observer.com/2014/09/the-mark-fisher-murder/|access-date=10 June 2016|work=[[New York Observer]] |date=24 September 2014}}</ref>
| education = Bishop Ford Central Catholic High School <ref name="observer">{{cite news|last1=Winston|first1=Hella|title=Did an Ambitious Prosecutor Convict the Wrong Man for the Killing of Mark Fisher?|url=http://observer.com/2014/09/the-mark-fisher-murder/|access-date=10 June 2016|work=[[New York Observer]] |date=24 September 2014}}</ref>
| alma_mater = [[John Jay College of Criminal Justice]]
| criminal_charges = second-degree murder, robbery, and multiple counts of criminal possession of a firearm.<ref name="celebre"/>
| criminal_penalty = 25 years to life
| criminal_status = On August 6, 2019, Giuca's legal team filed a motion to vacate his conviction
| mother = <!-- may be used (optionally with father parameter) in place of parents parameter (displays "Parent(s)" as label) -->
| known_for = 2nd-degree murder conviction
| known_for = 2nd-degree murder conviction
}}
}}


'''John Giuca''' (born October 8, 1983) is an American felon. He was convicted of second-degree [[felony murder]] in the October 2003 shooting death of 19-year-old Mark Fisher in [[Brooklyn|Brooklyn, New York]]. Giuca is currently serving a sentence of 25 years to life for the murder of Fisher.<ref name=":3">{{Cite news|last=Brick|first=Michael|date=2005-10-20|title=Two Receive 25 Years to Life For Student's Murder in 2003 (Published 2005)|language=en-US|work=The New York Times|url=https://www.nytimes.com/2005/10/20/nyregion/two-receive-25-years-to-life-for-students-murder-in-2003.html|access-date=December 30, 2020|issn=0362-4331}}</ref> Mark Fisher's murder is also referred to as the "Grid Kid" homicide.<ref name=":6">{{Cite web|date=2015-01-14|title=‘Grid Kid’ murder conviction stands: Brooklyn DA|url=https://www.pix11.com/2015/01/13/grid-kid-murder-conviction-stands-brooklyn-da|access-date=December 30, 2020|website=WPIX|language=en}}</ref>
'''John Giuca''' (born October 8, 1983) is an American felon. He was convicted of second-degree [[felony murder]] in the October 2003 shooting death of 19-year-old Mark Fisher in [[Brooklyn|Brooklyn, New York]]. Giuca is currently serving a sentence of 25 years to life for the murder of Fisher.<ref name=":3">{{Cite news|last=Brick|first=Michael|date=2005-10-20|title=Two Receive 25 Years to Life For Student's Murder in 2003 (Published 2005)|language=en-US|work=The New York Times|url=https://www.nytimes.com/2005/10/20/nyregion/two-receive-25-years-to-life-for-students-murder-in-2003.html|access-date=2020-12-30|issn=0362-4331}}</ref> Mark Fisher's murder is also referred to as the "Grid Kid" homicide.<ref name=":6">{{Cite web|date=2015-01-14|title=‘Grid Kid’ murder conviction stands: Brooklyn DA|url=https://www.pix11.com/2015/01/13/grid-kid-murder-conviction-stands-brooklyn-da|access-date=2020-12-30|website=WPIX|language=en}}</ref>


== Early life ==
== Pre-conviction life ==
Prior to his arrest, 20-year-old John Giuca had graduated from [[Bishop Ford Central Catholic High School]], and taken courses at the [[John Jay College of Criminal Justice]].<ref name="auto3">{{Cite web|url=https://observer.com/2014/09/the-mark-fisher-murder/|title=Did an Ambitious Prosecutor Convict the Wrong Man for the Killing of Mark Fisher?|date=September 24, 2014}}</ref> He occasionally worked as a film or TV [[Extra (acting)|extra]], landing roles in ''Spider-Man'', ''School of Rock,'' and ''Law & Order.''<ref name="Mother Justice" />
Prior to his arrest, Giuca graduated highschool and attended the [[John Jay College of Criminal Justice]]. He occasionally worked as a film and TV [[Extra (acting)|extra]] landing roles in ''Spider-Man, School of Rock,'' and ''Law & Order.''<ref name="Mother Justice" />


=== Criminal History ===
Giuca was arrested in July 2014 for assault, accused of having shot at a group of men in Florida while he was on vacation; the charges were later dropped.<ref>{{Cite web|url=https://www.nytimes.com/2018/02/21/nyregion/john-giuca-murder-trial-never-ending.html|title=A Murder, a Conviction and a Never-Ending Case|first=Alan|last=Feuer|date=February 22, 2018|work=The New York Times}}</ref><ref>{{Cite web|url=http://fairfieldmirror.com/news/fishermurderremainsunsolved/|title=Fisher murder remains unsolved|date=October 21, 2004}}</ref> On September 30, 2004, three months before his felony indictment, Giuca was arrested on a [[Bensonhurst]], [[Brooklyn]], street corner for selling narcotics while wearing a bulletproof vest.<ref>{{Cite web|url=https://nypost.com/2004/10/01/sweep-nets-gridder-slay-suspect/|title=SWEEP NETS GRIDDER-SLAY SUSPECT|first=Larry|last=Celona|date=October 1, 2004}}</ref><ref name=":4">{{Cite web|last=Smith|first=Aaron|last2=December 22|first2=Staff Reporter of the Sun {{!}}|last3=2004|title=Second Suspect Arrested in 2003 Murder|url=https://www.nysun.com/new-york/second-suspect-arrested-in-2003-murder/6640/|access-date=December 30, 2020|website=The New York Sun}}</ref><ref name=":5">{{Cite news|last=Wilson|first=Michael|date=2004-12-22|title=Second Suspect Is Charged in 2003 Murder of Student (Published 2004)|language=en-US|work=The New York Times|url=https://www.nytimes.com/2004/12/22/nyregion/second-suspect-is-charged-in-2003-murder-of-student.html|access-date=December 30, 2020|issn=0362-4331}}</ref>
In July 2004, 9 months after Fisher's murder, Giuca was arrested for a shooting at a group of men, while he was on vacation, at a Florida nightclub.<ref name=":9" /> The Florida charges were dropped.<ref name=":9">{{Cite news|last=Feuer|first=Alan|date=2018-02-22|title=A Murder, a Conviction and a Never-Ending Case (Published 2018)|language=en-US|work=The New York Times|url=https://www.nytimes.com/2018/02/21/nyregion/john-giuca-murder-trial-never-ending.html|access-date=2020-12-30|issn=0362-4331}}</ref> On September 30, 2004, 3 months before his felony indictment, Giuca was arrested for a second time on a Brooklyn street corner for buying narcotics while wearing a bulletproof vest.<ref name=":4">{{Cite web|last=Smith|first=Aaron|last2=December 22|first2=Staff Reporter of the Sun {{!}}|last3=2004|title=Second Suspect Arrested in 2003 Murder|url=https://www.nysun.com/new-york/second-suspect-arrested-in-2003-murder/6640/|access-date=2020-12-30|website=The New York Sun}}</ref><ref name=":5">{{Cite news|last=Wilson|first=Michael|date=2004-12-22|title=Second Suspect Is Charged in 2003 Murder of Student (Published 2004)|language=en-US|work=The New York Times|url=https://www.nytimes.com/2004/12/22/nyregion/second-suspect-is-charged-in-2003-murder-of-student.html|access-date=2020-12-30|issn=0362-4331}}</ref>


⚫
== Arrest and indictment ==
==Murder of Mark Fisher==
[[File:Giuca Map Corrected.png|upright|thumb|350px|Map detailing the location of Mark Fisher's body in relation to John Giuca's and Albert Cleary's homes.]]


=== Arrest ===
On [[Columbus Day]] weekend October 11, 2003, Mark S. Fisher, a 19-year-old former [[Lenape Valley Regional High School]] football star and [[Fairfield University]] sophomore from [[Andover, New Jersey]], was out drinking with three friends in [[Manhattan]], in New York City.<ref name="auto2">{{Cite web|url=https://heavy.com/news/2018/04/mark-fisher-20-20-killed-john-guica/|title=Mark Fisher: 5 Fast Facts You Need to Know|first=S. M.|last=Walsh|date=April 7, 2018}}</ref><ref>{{Cite web|url=https://www.njherald.com/news/20190516/2020-to-focus-on-byram-natives-murder-case-man-awaiting-possible-new-trial|title='20/20' to focus on Byram native's murder case, man awaiting possible new trial|first=Lori|last=Comstock|website=New Jersey Herald}}</ref><ref name="auto">{{Cite web|url=https://www.nytimes.com/2018/02/21/nyregion/john-giuca-murder-trial-never-ending.html|title=A Murder, a Conviction and a Never-Ending Case |first=Alan|last=Feuer|date=February 22, 2018|work=The New York Times}}</ref><ref name="auto1">{{Cite web|url=https://abcnews.go.com/US/night-impromptu-partying-ends-murder-suspects-conviction-overturned/story?id=63077473|title=A night of impromptu partying ends in murder, a suspect's conviction is overturned, but he remains in jail: 'I want my name cleared'|first=A. B. C.|last=News|website=ABC News}}</ref> He was studying to be an accountant, and was on the [[Dean's List]] at school.<ref name="auto1"/> By chance, he ran into a fellow Fairfield University student whom he knew from school, Ms. Angel DiPietro (the daughter of a well-known defense attorney), at a [[First Avenue]] [[Upper East Side]] bar.<ref name="auto3"/><ref name="auto"/><ref name="auto1"/> DiPietro had a girlfriend of hers with her, a Vermont college student with whom Fisher began hitting it off.<ref name="NYTimes"/><ref>{{Cite web|url=https://nypost.com/2004/11/24/grid-slay-solved-cops-nail-thug-in-college-kids-bklyn-murder/|title=GRID SLAY SOLVED; COPS NAIL THUG IN COLLEGE KID’S B’KLYN MURDER|first=Larry|last=Celona|date=November 24, 2004}}</ref>
⚫
Giuca was arrested on December 21, 2004, at his home in Brooklyn. He was charged with providing Mark Fisher's murder weapon, a semiautomatic handgun, to Antonio Russo. Russo had been arrested and charged with Fisher's murder the prior month. At the time of his arrest, Giuca (20 years old) had been at the center of the investigation. A party Giuca held at his home on Stratford Road in [[Prospect Park South]] was the last place Fisher was known to have been before he was shot five times and left in a driveway on nearby Argyle Road.<ref name=":4" /><ref name=":5" />


=== Indictment ===
DiPietro had arranged to meet another friend of hers on the Upper East Side, Albert Cleary, the son of a prominent member of the Brooklyn Republican Party.<ref name="auto2"/> Cleary joined with his 20-year-old neighborhood friend, John Giuca, a college student who was studying criminal law.<ref name="auto"/><ref name="auto1"/>
⚫
Giuca was subsequently charged with second-degree murder, first-degree manslaughter, robbery in the first and third degrees, and multiple counts of criminal possession of a weapon.<ref name=":4" /><ref name=":3" /><ref name=":5" />


==Case background==
Giuca, unable to gain admission to a bar as he was underage, invited them all to his house in Brooklyn, as his parents were away.<ref name="auto"/> Fisher joined DiPietro and her girlfriend as they took a taxi to Giuca's house for an impromptu after-hours party, arriving around 5 a.m.<ref name="auto2"/><ref name="NYTimes">{{cite news|last=Wilson|first=Michael|date=December 22, 2004|title=Second Suspect is Charged in 2003 Murder of Student|work=The New York Times|url=https://www.nytimes.com/2004/12/22/nyregion/22murder.html}}</ref><ref>{{cite news|url=https://nypost.com/2010/11/10/2003-bklyn-grid-slay-appeal-nixed/|title=2003 B'klyn grid-slay appeal nixed|last1=Gorta|first1=William J.|date=10 November 2010|work=New York Post|access-date=11 June 2016}}</ref><ref name="Court2009">{{cite court|litigants=NY v. Giuca|vol=2009-50577|url=http://freejohngiuca.com/legaldocs/replybrief.pdf|archive-url=https://web.archive.org/web/20120325003851/http://freejohngiuca.com/legaldocs/replybrief.pdf|url-status=dead|archive-date=2012-03-25}}</ref><ref name="auto"/> According to witness testimony, Fisher sat on a table in the house, which upset Giuca.<ref name="nytimes17sep">{{cite news|last1=Feuer|first1=Alan|date=17 September 2005|title=Friend Says Defendant Admitted Role in Killing|work=The New York Times|url=https://www.nytimes.com/2005/09/17/nyregion/friend-says-defendant-admitted-role-in-killing.html}}</ref> The group drank and passed around joints. A number of additional friends of Giuca joined, including 17-year-old neighborhood friend and high school dropout Antonio Russo, also known as "Tweed".<ref name="auto"/><ref name="auto1"/> At 5:23 a.m., Fisher withdrew $20 from a nearby ATM, while accompanied by Russo.<ref name="auto2"/>
[[File:Giuca Map Corrected.png|upright|thumb|350px|Map detailing the location of Mark Fisher's body in relation to John Giuca's and Albert Cleary's homes.]]On October 11, 2003, Giuca was out drinking with friends in [[Manhattan]]. Mark Fisher, a college sophomore from New Jersey, ended up in Giuca's company after meeting a fellow [[Fairfield University]] student, Angel DiPietro, at an [[Upper East Side]] bar. Fisher followed DiPietro and a girlfriend to Giuca's house for an impromptu after-hours party.<ref name="NYTimes">{{cite news|last=Wilson|first=Michael|date=December 22, 2004|title=Second Suspect is Charged in 2003 Murder of Student|work=The New York Times|url=https://www.nytimes.com/2004/12/22/nyregion/22murder.html}}</ref><ref>{{cite news|url=https://nypost.com/2010/11/10/2003-bklyn-grid-slay-appeal-nixed/|title=2003 B'klyn grid-slay appeal nixed|last1=Gorta|first1=William J.|date=10 November 2010|work=New York Post|access-date=11 June 2016}}</ref><ref name="Court2009">{{cite court|litigants=NY v. Giuca|vol=2009-50577|url=http://freejohngiuca.com/legaldocs/replybrief.pdf|archive-url=https://web.archive.org/web/20120325003851/http://freejohngiuca.com/legaldocs/replybrief.pdf|url-status=dead|archive-date=2012-03-25}}</ref> Albert Cleary and Antonio Russo, neighborhood friends of Giuca, attended, amongst others. According to witness testimony, Fisher had been sitting on a table in the house, which upset Giuca.<ref name="nytimes17sep">{{cite news|last1=Feuer|first1=Alan|date=17 September 2005|title=Friend Says Defendant Admitted Role in Killing|work=The New York Times|url=https://www.nytimes.com/2005/09/17/nyregion/friend-says-defendant-admitted-role-in-killing.html}}</ref>


At 6:40 a.m., police responded to gunfire reports within minutes and found Fisher's body face down at the foot of a driveway on Argyle Road across the street from Cleary's house,<ref name="auto"/> two blocks away from Giuca's house.<ref name="auto6">{{Cite web|url=https://www.nytimes.com/2018/07/05/nyregion/john-giuca-court-of-appeals.html|title=New York’s Highest Court to Consider 2003 Brooklyn Murder Case|first=Alan|last=Feuer|date=July 5, 2018|work=The New York Times}}</ref><ref name="auto1"/><ref name="auto2"/> Fisher had been badly beaten and shot five times in the chest, side and back, was wearing a torn shirt with buttons missing, had $12 in cash in his pocket (his wallet was discovered in a nearby sewer), and was wrapped in a bloody yellow blanket from Giuca's home.<ref name="auto4">{{Cite web|url=https://www.vanityfair.com/culture/2009/01/brooklyn_sting200901|title=Christopher Ketcham on Doreen Giuliano's Quest for Justice|first=Christopher|last=Ketcham|website=Vanity Fair}}</ref><ref>{{Cite web|url=https://www.nytimes.com/2005/09/30/nyregion/second-defendant-is-guilty-in-killing-of-college-student.html|title=Second Defendant Is Guilty in Killing of College Student |first=Fernanda|last=Santos|date=September 30, 2005|work=The New York Times}}</ref><ref>{{Cite web|url=https://abcnews.go.com/US/mans-conviction-college-students-murder-overturned-year-remains/story?id=63012616|title=Man's conviction for college student's murder was overturned last year, but he remains behind bars|first=A. B. C.|last=News|website=ABC News}}</ref><ref name="auto"/><ref name=":8">{{Cite news|last=Feuer|first=Alan|date=2005-09-25|title=A Fatal String of Bad Luck|language=en-US|work=The New York Times|url=https://www.nytimes.com/2005/09/25/nyregion/a-fatal-string-of-bad-luck.html|access-date=December 30, 2020|issn=0362-4331}}</ref><ref name=":5" /> The police recovered two .22 caliber shell casings.<ref name="auto"/>
At 4:23 a.m., Fisher withdrew $20 from an ATM. At 6:40 a.m., police responded to gunfire reports and found Fisher's body on Argyle Road, three blocks away from Giuca's house. Fisher had been shot five times and was wrapped in a yellow blanket from Giuca's home.<ref name=":8">{{Cite news|last=Feuer|first=Alan|date=2005-09-25|title=A Fatal String of Bad Luck (Published 2005)|language=en-US|work=The New York Times|url=https://www.nytimes.com/2005/09/25/nyregion/a-fatal-string-of-bad-luck.html|access-date=2020-12-30|issn=0362-4331}}</ref><ref name=":5" />


Russo and Giuca did not have much telephone contact before the shooting.<ref name="auto5">{{Cite web|url=https://www.nytimes.com/2015/01/13/nyregion/brooklyn-prosecutor-affirms-conviction-in-2003-murder-of-fairfield-university-student.html|title=Brooklyn District Attorney Affirms Conviction in 2003 Killing of Student |first=Stephanie|last=Clifford|date=January 12, 2015|work=The New York Times}}</ref> In the 24 hours afterward, there were 26 phone calls between the two.<ref name=":6" /> The next morning, within minutes of the shooting according to police records, Russo cut his dreadlocks which he had worn for years, and a few days later he flew to California.<ref name="auto"/><ref>{{Cite web|last=Walsh|first=S. M.|date=2019-05-17|title=John Giuca: 5 Fast Facts You Need to Know|url=https://heavy.com/entertainment/2019/05/john-giuca-conviction-2019/|access-date=December 30, 2020|website=Heavy.com|language=en-US}}</ref>
Antonio Russo and John Giuca did not have much contact before the shooting. In the 24 hours afterward, there were 26 phone calls between the two.<ref name=":6" /> The next morning, Russo cut his dreadlocks and left for California.<ref>{{Cite web|last=Walsh|first=S. M.|date=2019-05-17|title=John Giuca: 5 Fast Facts You Need to Know|url=https://heavy.com/entertainment/2019/05/john-giuca-conviction-2019/|access-date=2020-12-30|website=Heavy.com|language=en-US}}</ref> According to Giuca, he last saw Fisher sitting on his sofa under a blanket. Giuca said he fell asleep after the party ended and had no knowledge of the murder.


A year later, Russo and Giuca were charged with murder.
Giuca claimed he last saw Fisher around 5 a.m., falling asleep sitting on his sofa under a yellow blanket.<ref name="auto4"/> Giuca said he fell asleep after the party ended and had no knowledge of the murder.
⚫
==2004 Homicide trial==

Giuca and Russo were tried together as co-defendants, but with two separate juries. Giuca pled [[Not guilty plea|not guilty]] to the crime.
⚫
== Arrest and indictment ==

⚫
Giuca was arrested on December 21, 2004, at his home in Brooklyn. He was charged with providing Mark Fisher's murder weapon, a [[semiautomatic handgun]], to Russo. Russo had been arrested and charged with Fisher's murder the prior month. At the time of his arrest, Giuca had been at the center of the investigation. A party Giuca held at his home on Stratford Road in [[Prospect Park South]] was the last place Fisher was known to have been before he was shot five times and left in a driveway on nearby Argyle Road.<ref name=":4" /><ref name=":5" />

⚫
Giuca was subsequently charged with [[second-degree murder]], first-degree [[manslaughter]], robbery in the first and third degrees, and multiple counts of criminal possession of a weapon.<ref name=":4" /><ref name=":3" /><ref name=":5" />

⚫
==2004 homicide trial==

Over a year later, Russo and Giuca were charged with murder and robbery.<ref>{{Cite web|url=https://www.nytimes.com/2004/12/22/nyregion/second-suspect-is-charged-in-2003-murder-of-student.html|title=Second Suspect Is Charged in 2003 Murder of Student |first=Michael|last=Wilson|date=December 22, 2004|work=The New York Times}}</ref><ref name="auto4"/> Giuca and Russo were tried together as co-defendants in September 2005,<ref name="auto3"/><ref>{{Cite web|url=https://www.9news.com.au/world/mark-fisher-john-guica-doreen-quinn-giuliano-murder-crime-juror-fake-identity/5acb7103-de89-4280-87a1-964cf7822737|title=Mum secretly records juror in bid to prove son's innocence|website=www.9news.com.au}}</ref> but with two separate juries. Giuca pled [[Not guilty plea|not guilty]].


=== Evidence ===
=== Evidence ===
The prosecution argued that Giuca and Russo, members of a street gang dubbed "Ghetto Mafia," beat and shot Fisher on October 12, 2003, out of machismo, a need for street credibility, and because Mark Fisher was a rich kid who made an easy target.<ref name="overturned" />
The prosecution argued that Giuca and Russo, members of a street gang dubbed "Ghetto Mafia," beat and shot Fisher on Oct. 12, 2003, out of machismo, a need for street credibility, and because Mark Fisher as a rich kid who made an easy target.<ref name="overturned" />


The government presented evidence of Giuca's involvement as a captain in the neighborhood street gang. Testimony showed that the Ghetto Mafia had recently put in place a policy that members would have to kill someone to join and that Giuca had been showing off a .22-caliber [[Sturm, Ruger & Co.|Ruger]] pistol a week before the murder.<ref name=":0">{{Cite web|last=Marzulli|first=John|title=Judge slaps slay-case undercover mom|url=https://www.nydailynews.com/news/crime/judge-slaps-slay-case-undercover-mom-article-1.361473|access-date=December 30, 2020|website=The New York Daily News}}</ref><ref name=":1">{{Cite news|last=Fahim|first=Kareem|date=2009-04-01|title=Judge Rejects a Woman’s Covert Effort to Vacate Her Son’s Conviction |language=en-US|work=The New York Times|url=https://www.nytimes.com/2009/04/02/nyregion/02juror.html|access-date=December 30, 2020|issn=0362-4331}}</ref> Giuca’s best friend, Albert Cleary, testified that before the shooting, Giuca worried that his crew was "getting soft” and needed to "get a body.”<ref name=":7">{{Cite web|last=Yaniv|first=Oren|title=Brooklyn district attorney stands by guilty verdict against John Giuca for 2003 murder of Fairfield University student Mark Fisher|url=https://www.nydailynews.com/new-york/nyc-crime/brooklyn-da-stands-murder-conviction-john-giuca-article-1.2075571|access-date=December 30, 2020|website=The New York Daily News}}</ref>
The government presented evidence of Giuca's involvement as a captain in the neighborhood street gang. Testimony showed that the Ghetto Mafia had recently put in place a policy that members would have to kill someone to join and that Giuca had been showing off a .22-caliber [[Sturm, Ruger & Co.|Ruger]] pistol a week before the murder.<ref name=":0">{{Cite web|last=Marzulli|first=John|title=Judge slaps slay-case undercover mom|url=https://www.nydailynews.com/news/crime/judge-slaps-slay-case-undercover-mom-article-1.361473|access-date=2020-12-30|website=nydailynews.com}}</ref><ref name=":1">{{Cite news|last=Fahim|first=Kareem|date=2009-04-01|title=Judge Rejects a Woman’s Covert Effort to Vacate Her Son’s Conviction (Published 2009)|language=en-US|work=The New York Times|url=https://www.nytimes.com/2009/04/02/nyregion/02juror.html|access-date=2020-12-30|issn=0362-4331}}</ref> Giuca’s best friend, Albert Cleary, testified that before the shooting, Giuca worried that his crew was "getting soft” and needed to "get a body.”<ref name=":7">{{Cite web|last=Yaniv|first=Oren|title=Brooklyn district attorney stands by guilty verdict against John Giuca for 2003 murder of Fairfield University student Mark Fisher|url=https://www.nydailynews.com/new-york/nyc-crime/brooklyn-da-stands-murder-conviction-john-giuca-article-1.2075571|access-date=2020-12-30|website=nydailynews.com}}</ref>


Witnesses, including Giuca’s girlfriend at the time, testified to Giuca’s involvement in the murder, including providing the gun to Russo.<ref name=":1" /><ref name=":0" /> Cleary testified that within hours of the shooting, Giuca told him he had led Fisher out to the street toward Russo, who was waiting with a gun, around dawn. Cleary also testified that Giuca told him Russo had attacked Fisher, but that the 19-year-old who stood 6' 5", fought back and Russo had shot Fisher with a .22-caliber Ruger pistol. Russo then returned the gun to Giuca, saying, "It's done." Giuca then asked Cleary to get rid of the weapon.<ref name=":8" /><ref name="nytimes17sep" />
Witnesses, including Giuca’s former girlfriend, testified to Giuca’s involvement in the murder, including providing the gun to Russo.<ref name=":1" /><ref name=":0" /> Cleary testified that within hours of the shooting, Giuca told him he had led Fisher out to the street toward Russo, who was waiting with a gun, around dawn. Cleary also testified that Giuca told him Russo had attacked Fisher, but that the 19-year-old who stood 6' 5", fought back and Russo had shot Fisher with a .22-caliber Ruger pistol. Russo then returned the gun to Giuca, saying, "It's done." Giuca then asked Cleary to get rid of the weapon.<ref name=":8" /><ref name="nytimes17sep" />


Russo claimed in his trial that Giuca was the person who fired the shots and killed Fisher.<ref name=":0" /><ref name=":7" /><ref name=":1" />
Russo claimed in his trial that Giuca was the person who fired the shots and killed Fisher.<ref name=":0" /><ref name=":7" /><ref name=":1" />


The government also called as a witness Giuca’s former cellmate John Avitto, who testified that while imprisoned at [[Rikers Island]] he had overheard Giuca confess to the murder.
The government also called as a witness, Giuca’s former cellmate John Avitto, who testified that while imprisoned at [[Rikers Island]] he had overheard Giuca confess to the murder.


===Verdict and sentencing===
===Verdict and sentencing===
After a two-week trial and three hours of deliberation, the Brooklyn jury found Giuca guilty on charges of second-degree murder of Mark Fisher, robbery, and multiple counts of criminal possession of a firearm.<ref name="auto"/><ref name="auto6"/> Russo's jury deliberated for two days before finding him guilty. In October 2005, two years after Fisher's murder Giuca and Russo were sentenced to sentences of 25 years to life.<ref name="celebre">{{cite news|url=https://www.nytimes.com/2006/03/11/nyregion/11prosecutor.html?pagewanted=print|title=Unlikely Cause Célèbre Puts Courthouse on Edge|last1=Brick|first1=Michael|date=11 March 2006|work=The New York Times|access-date=11 June 2016}}</ref> The judge said: "This was a callous crime, and the defendants’ reactions were callous—brutal, callous, and shockingly senseless. So my sentence will be callous."<ref name="auto4"/> Giuca was imprisoned on Rikers Island.<ref name="auto2"/>
After three hours of deliberation, a jury found Giuca guilty on charges of second-degree murder, robbery, and multiple counts of criminal possession of a firearm. Russo's jury deliberated for two days before finding him guilty. In October 2005, 2 years after Fisher's murder Giuca and Russo were sentenced to of 25 years to life.<ref name="celebre">{{cite news|url=https://www.nytimes.com/2006/03/11/nyregion/11prosecutor.html?pagewanted=print|title=Unlikely Cause Célèbre Puts Courthouse on Edge|last1=Brick|first1=Michael|date=11 March 2006|work=The New York Times|access-date=11 June 2016}}</ref>


==Appeals==
==Appeals==

===2008-2015===
In 2008, Giuca filed his first [[motion to vacate]] the verdict in [[New York State Supreme Court]] in Brooklyn arguing that he did not receive a fair trial due to [[juror misconduct]].<ref name="Court2009" /><ref name="Gothamist">{{cite news|last=Chung|first=Jen|date=November 11, 2010|title=No Appeal in Convicted Killer's Mom Woos Juror Case|work=Gothamist|publisher=Gothamist LLC|url=http://gothamist.com/2010/11/10/no_appeal_in_convicted_killers_mom.php|url-status=dead|archive-url=https://web.archive.org/web/20160202055040/http://gothamist.com/2010/11/10/no_appeal_in_convicted_killers_mom.php|archive-date=February 2, 2016}}</ref><ref name="Epstein">{{cite web|url=http://www.epsteinweil.com/Attorneys/Lloyd-Epstein.shtml|title=Attorney Lloyd Epstein|website=epsteinweil.com|publisher=Epstein & Weil, LLC|access-date=28 September 2014}}</ref> The court denied Giuca's motion. He appealed the decision. The [[New York Appellate Division]] 2nd Department denied the request for a hearing to review evidence of juror misconduct against former juror Jason Allo.<ref name="NYDN Appeal">{{cite news|url=http://articles.nydailynews.com/2009-04-01/news/17920138_1_juror-john-giuca-doreen-giuliano|title=Judge throws out appeal of mother who seduced juror to exonerate her son John Giuca|date=April 1, 2009|work=New York Daily News|archive-url=https://web.archive.org/web/20120523191811/http://articles.nydailynews.com/2009-04-01/news/17920138_1_juror-john-giuca-doreen-giuliano|archive-date=May 23, 2012|url-status=dead}}</ref>
In 2008, Giuca filed his first motion to vacate the verdict arguing that he did not receive a fair trial due to juror misconduct.<ref name="Court2009" /><ref name="Gothamist">{{cite news|last=Chung|first=Jen|date=November 11, 2010|title=No Appeal in Convicted Killer's Mom Woos Juror Case|work=Gothamist|publisher=Gothamist LLC|url=http://gothamist.com/2010/11/10/no_appeal_in_convicted_killers_mom.php|url-status=dead|archive-url=https://web.archive.org/web/20160202055040/http://gothamist.com/2010/11/10/no_appeal_in_convicted_killers_mom.php|archive-date=February 2, 2016}}</ref><ref name="Epstein">{{cite web|url=http://www.epsteinweil.com/Attorneys/Lloyd-Epstein.shtml|title=Attorney Lloyd Epstein|website=epsteinweil.com|publisher=Epstein & Weil, LLC|access-date=28 September 2014}}</ref> The court denied Giuca's motion, and he appealed the decision. The New York Appellant Division 2nd Department denied the request for a hearing to review evidence of juror misconduct against former juror Jason Allo.<ref name="NYDN Appeal">{{cite news|url=http://articles.nydailynews.com/2009-04-01/news/17920138_1_juror-john-giuca-doreen-giuliano|title=Judge throws out appeal of mother who seduced juror to exonerate her son John Giuca|date=April 1, 2009|work=New York Daily News|archive-url=https://web.archive.org/web/20120523191811/http://articles.nydailynews.com/2009-04-01/news/17920138_1_juror-john-giuca-doreen-giuliano|archive-date=May 23, 2012|url-status=dead}}</ref>


In November 2010, a panel of four state Supreme Court judges ruled that even if the alleged statements the juror Jason Allo had made were true, there were no grounds for overturning his conviction.<ref name="nypost.com">{{cite news|last1=Callahan|first1=Maureen|date=19 August 2012|title=Truth-sleuth mom wooed her killer son's juror to get 'mistrial' dirt|work=New York Post|url=https://nypost.com/2012/08/19/truth-sleuth-mom-wooed-her-killer-sons-juror-to-get-mistrial-dirt/|access-date=11 June 2016}}</ref>
In November 2010, a panel of four state Supreme Court judges ruled that even if the alleged statements the juror Jason Allo had made were true, there were no grounds for overturning his conviction.<ref name="nypost.com">{{cite news|last1=Callahan|first1=Maureen|date=19 August 2012|title=Truth-sleuth mom wooed her killer son's juror to get 'mistrial' dirt|work=New York Post|url=https://nypost.com/2012/08/19/truth-sleuth-mom-wooed-her-killer-sons-juror-to-get-mistrial-dirt/|access-date=11 June 2016}}</ref>


On May 14, 2013, federal judge [[Frederic Block]] of the [[United States District Court for the Eastern District of New York]] denied Giuca's federal [[Habeas corpus|''habeas'' petition]].<ref>{{cite web|url=http://dockets.justia.com/docket/new-york/nyedce/1:2012cv02059/329796/|title=New York Eastern District Court: Giuca v. Lee|date=May 14, 2013|website=justia.com}}</ref><ref>{{cite web|url=http://docs.justia.com/cases/federal/district-courts/new-york/nyedce/1:2012cv02059/329796/13|title=Memorandum And Order: Petitioner Giucas § 2254 petition is denied for Giuca v. Lee|date=May 14, 2013|website=justia.com}}</ref>
On May 14, 2013, federal judge [[Frederic Block]] denied Giuca's federal [[Habeas corpus|''habeas'' petition]].<ref>{{cite web|url=http://dockets.justia.com/docket/new-york/nyedce/1:2012cv02059/329796/|title=New York Eastern District Court: Giuca v. Lee|date=May 14, 2013|website=justia.com}}</ref><ref>{{cite web|url=http://docs.justia.com/cases/federal/district-courts/new-york/nyedce/1:2012cv02059/329796/13|title=Memorandum And Order: Petitioner Giucas § 2254 petition is denied for Giuca v. Lee|date=May 14, 2013|website=justia.com}}</ref>

⚫
In February 2014, Giuca's attorney submitted a petition to the newly elected Brooklyn district attorney, [[Kenneth P. Thompson]], requesting that the conviction be reviewed and voided due to prosecutorial misconduct, a failure by the defense lawyer at trial to point out multiple inconsistencies, and recantation of testimony by key witnesses.<ref name="Thompson">{{cite news|url=https://www.nytimes.com/2014/01/31/nyregion/citing-misconduct-lawyer-seeks-review-of-conviction-in-03-brooklyn-killing.html?_r=0|title=Citing Misconduct, Lawyer Seeks Review of Conviction in 03 Brooklyn Killing|last1=Yee|first1=Vivian|date=January 30, 2014|work=The New York Times|access-date=June 11, 2016}}</ref><ref>{{cite news|url=https://www.nytimes.com/2014/02/03/nyregion/lawyer-petitions-brooklyn-prosecutor-to-overturn-conviction-in-03-murder.html?_r=0|title=Petition Seeking to Void Brooklyn Murder Conviction Calls Verdict a 'Sham'|last1=Yee|first1=Vivian|date=2 February 2014|work=The New York Times|access-date=7 November 2014}}</ref><ref name="Noth2">{{cite news|url=http://brooklynpaper.com/stories/37/8/all-noth-hynes-movie-2014-02-21-bk_37_8.html|title=Mother of John Giuca hopes District Attorney Ken Thompson will review murder conviction|last=Bredderman|first=Will|date=February 21, 2014|work=The Brooklyn Paper|publisher=News Community Newspapers Holdings, Inc}}</ref>

In January 2015, Thompson, who established the Conviction Review Unit in NYC, announced that after a thorough review, the department determined there was no wrongdoing with the Giuca case. Thompson stated, "I have determined that John Giuca's conviction for the murder of Mark Fisher is just and should not be vacated."<ref name=":7" />

⚫
On June 9, 2016, Giuca filed his second motion to vacate the verdict, which the Brooklyn Supreme Court Justice Danny Chun denied. The judge ruled that Giuca had received a fair trial. Giuca's attorney stated that he would appeal the verdict.<ref>{{cite news|url=http://pix11.com/2016/06/09/john-giuca-so-called-grid-kid-murderer-denied-new-trial/|title=John Giuca, so-called Grid Kid Murderer, denied new trial despite new info supporting his innocence|last1=Ford|first1=James|date=9 June 2016|work=New York's PIX11 / WPIX-TV|access-date=11 June 2016|publisher=Tribune Broadcasting}}</ref>


On February 7, 2018, a state appellate court in Brooklyn unanimously overturned the conviction and ordered a new trial.<ref name="overturned">{{Cite news|title=New Trial Ordered in Brooklyn in 2003 Slaying of College Student|language=en|url=https://www.nytimes.com/2018/02/07/nyregion/brooklyn-fairfield-murder-conviction-overturned.html|access-date=2018-09-11}}</ref>
⚫
In February 2014, Giuca's attorney submitted a petition to the newly elected [[Brooklyn District Attorney]], [[Kenneth P. Thompson]], requesting that the conviction be reviewed and voided due to [[prosecutorial misconduct]], a failure by the defense lawyer at trial to point out multiple inconsistencies, and recantation of testimony by key witnesses.<ref name="Thompson">{{cite news|url=https://www.nytimes.com/2014/01/31/nyregion/citing-misconduct-lawyer-seeks-review-of-conviction-in-03-brooklyn-killing.html?_r=0|title=Citing Misconduct, Lawyer Seeks Review of Conviction in 03 Brooklyn Killing|last1=Yee|first1=Vivian|date=January 30, 2014|work=The New York Times|access-date=June 11, 2016}}</ref><ref>{{cite news|url=https://www.nytimes.com/2014/02/03/nyregion/lawyer-petitions-brooklyn-prosecutor-to-overturn-conviction-in-03-murder.html?_r=0|title=Petition Seeking to Void Brooklyn Murder Conviction Calls Verdict a 'Sham'|last1=Yee|first1=Vivian|date=2 February 2014|work=The New York Times|access-date=7 November 2014}}</ref><ref name="Noth2">{{cite news|url=http://brooklynpaper.com/stories/37/8/all-noth-hynes-movie-2014-02-21-bk_37_8.html|title=Mother of John Giuca hopes District Attorney Ken Thompson will review murder conviction|last=Bredderman|first=Will|date=February 21, 2014|work=The Brooklyn Paper|publisher=News Community Newspapers Holdings, Inc}}</ref> In January 2015, Thompson, who established the Conviction Review Unit in NYC, announced that after a thorough review, the department determined there was no wrongdoing with the Giuca case. Thompson stated, "I have determined that John Giuca's conviction for the murder of Mark Fisher is just and should not be vacated."<ref name=":7" /> He added: "This defendant got a fair trial. He may not like the result, but the result was based on the evidence presented. There’s no evidence of actual innocence."<ref name="auto5"/>


⚫
On March 22, 2018, Antonio Russo confessed to killing Mark Fisher.<ref name="News">{{Cite web|date=2018-04-09|title=A student's murder, a jailhouse confession and one mother's crusade to free her son|url=https://abcnews.go.com/US/college-students-murder-jailhouse-confession-mothers-crusade-free/story?id=54241590|access-date=2018-09-21|website=ABC News|language=en}}</ref> In a statement passed to Giuca's lawyer, Russo told detectives that he had murdered Fisher and<ref>{{Cite news|last=Winston|first=Hella|date=2018-04-03|title=Star Athlete's Murderer Confesses. Why Is Someone Else Still Locked Up?|language=en|work=The Daily Beast|url=https://www.thedailybeast.com/star-athletes-murderer-confesses-why-is-someone-else-still-locked-up|access-date=2018-09-21}}</ref> that the gun was his.<ref>{{Cite web|date=2018-04-09|title=A student's murder, a jailhouse confession and one mother's crusade to free her son|url=https://abcnews.go.com/US/college-students-murder-jailhouse-confession-mothers-crusade-free/story?id=54241590|access-date=2018-09-22|website=ABC News|language=en}}</ref>
===2016-2018===
⚫
On June 9, 2016, Giuca filed his second motion to vacate the verdict (Alan D. Marrus, J.). After a hearing Brooklyn Supreme Court Justice Danny Chun denied the motion on June 13.<ref>[https://law.justia.com/cases/new-york/appellate-division-second-department/2018/2016-06775.html]</ref> The judge ruled that Giuca had received a fair trial. Giuca's attorney stated that he would appeal the verdict.<ref>{{cite news|url=http://pix11.com/2016/06/09/john-giuca-so-called-grid-kid-murderer-denied-new-trial/|title=John Giuca, so-called Grid Kid Murderer, denied new trial despite new info supporting his innocence|last1=Ford|first1=James|date=9 June 2016|work=New York's PIX11 / WPIX-TV|access-date=11 June 2016|publisher=Tribune Broadcasting}}</ref>


On February 7, 2018, a four-judge panel of the New York State Second Judicial Department Appeals Court in Brooklyn unanimously overturned Giuca's conviction and ordered a new trial.<ref name="overturned">{{Cite news|title=New Trial Ordered in Brooklyn in 2003 Slaying of College Student|language=en|url=https://www.nytimes.com/2018/02/07/nyregion/brooklyn-fairfield-murder-conviction-overturned.html|access-date=2018-09-11}}</ref> It ruled that the district attorney's office had withheld evidence from the defense.<ref name="auto6"/> On February 20, June 28, and September 6, 2018, Giuca was denied [[bail]].<ref>{{Cite news|last=Carrega|first=Christina|title=John Giuca slams judge after being denied bail in murder conviction that was overturned |language=en-US|work=New York Daily News|url=https://www.nydailynews.com/new-york/nyc-crime/brooklyn/ny-metro-john-giuca-denied-bail-20180628-story.html|access-date=2018-09-12}}</ref><ref>{{Cite web|title=Giuca Post-Vacature Bail Denial Transcript {{!}} New York Supreme Court {{!}} Witness|url=https://www.scribd.com/document/372168677/Giuca-Post-Vacature-Bail-Denial-Transcript|access-date=2018-09-12|website=Scribd|language=en}}</ref><ref name=":2">{{Cite news|title=Brooklyn man remains in jail despite having murder conviction overturned|language=en|url=http://brooklyn.news12.com/story/39042251/brooklyn-man-remains-in-jail-despite-having-murder-conviction-overturned|access-date=2018-09-11}}</ref>
On February 20,<ref>{{Cite web|title=Giuca Post-Vacature Bail Denial Transcript {{!}} New York Supreme Court {{!}} Witness|url=https://www.scribd.com/document/372168677/Giuca-Post-Vacature-Bail-Denial-Transcript|access-date=2018-09-12|website=Scribd|language=en}}</ref> June 28<ref>{{Cite news|last=Carrega|first=Christina|title=John Giuca slams judge after being denied bail in murder conviction that was overturned - NY Daily News|language=en-US|work=nydailynews.com|url=https://www.nydailynews.com/new-york/nyc-crime/brooklyn/ny-metro-john-giuca-denied-bail-20180628-story.html|access-date=2018-09-12}}</ref> and September 6, 2018, Giuca was denied bail despite having his conviction overturned.<ref name=":2">{{Cite news|title=Brooklyn man remains in jail despite having murder conviction overturned|language=en|url=http://brooklyn.news12.com/story/39042251/brooklyn-man-remains-in-jail-despite-having-murder-conviction-overturned|access-date=2018-09-11}}</ref>


On June 28, 2018, in a letter to the Brooklyn district attorney, New York's highest court announced it would hear Giuca's case, with oral arguments scheduled for April 30, 2019.<ref>{{Cite news|last=Feuer|first=Alan|date=2018-07-05|title=New York's Highest Court to Consider 2003 Brooklyn Murder Case|language=en-US|work=The New York Times|url=https://www.nytimes.com/2018/07/05/nyregion/john-giuca-court-of-appeals.html|access-date=2019-03-01|issn=0362-4331}}</ref> The [[New York Court of Appeals]] reinstated Giuca's conviction in June 2019.
⚫
On March 22, 2018, Russo confessed to killing Mark Fisher.<ref name="News">{{Cite web|date=2018-04-09|title=A student's murder, a jailhouse confession and one mother's crusade to free her son|url=https://abcnews.go.com/US/college-students-murder-jailhouse-confession-mothers-crusade-free/story?id=54241590|access-date=2018-09-21|website=ABC News|language=en}}</ref> In a statement passed to Giuca's lawyer, Russo told detectives that he had murdered Fisher and that the gun was his.<ref>{{Cite news|last=Winston|first=Hella|date=2018-04-03|title=Star Athlete's Murderer Confesses. Why Is Someone Else Still Locked Up?|language=en|work=The Daily Beast|url=https://www.thedailybeast.com/star-athletes-murderer-confesses-why-is-someone-else-still-locked-up|access-date=2018-09-21}}</ref><ref>{{Cite web|date=2018-04-09|title=A student's murder, a jailhouse confession and one mother's crusade to free her son|url=https://abcnews.go.com/US/college-students-murder-jailhouse-confession-mothers-crusade-free/story?id=54241590|access-date=2018-09-22|website=ABC News|language=en}}</ref>


On June 28, 2018, New York's highest court announced it would hear Giuca's case, with oral arguments scheduled for April 30, 2019.<ref>{{Cite news|last=Feuer|first=Alan|date=2018-07-05|title=New York's Highest Court to Consider 2003 Brooklyn Murder Case|language=en-US|work=The New York Times|url=https://www.nytimes.com/2018/07/05/nyregion/john-giuca-court-of-appeals.html|access-date=2019-03-01|issn=0362-4331}}</ref>
On August 6, 2019, Giuca's legal team filed a third motion to vacate his conviction based on new evidence. A hearing for these claims is scheduled for January 2021.<ref>{{Cite web|last=Goldberg|first=Noah|title=Court will reexamine 2005 murder conviction of Brooklyn man accused of killing college football player, judge rules|url=https://www.nydailynews.com/new-york/nyc-crime/ny-john-giuca-murder-conviction-20200818-r2fozvhxfbhgdogrkuojtu5zka-story.html|access-date=2020-12-31|website=nydailynews.com}}</ref>


== Public support ==
On June 11, 2019, the [[New York Court of Appeals]] overturning the appeals court decision, and reinstated Giuca's murder conviction.<ref>[https://law.justia.com/cases/new-york/court-of-appeals/2019/38.html]</ref> [[List of Chief Judges of the New York Court of Appeals|Chief Judge of the State of New York]] [[Janet DiFiore]] wrote for the majority, disagreeing with the lower court in Brooklyn that information never turned over to the defense about favors the prosecution had done for a key witness would have changed the course of the trial, "there is no reasonable possibility that the verdict would have been different if the information at issue had been disclosed."<ref>{{Cite web|url=https://www.nytimes.com/2018/02/07/nyregion/brooklyn-fairfield-murder-conviction-overturned.html|title=New Trial Ordered in Brooklyn in 2003 Slaying of College Student |first=Alan|last=Feuer|date=February 7, 2018|work=The New York Times}}</ref>


===2019-present===
=== '''Free John Giuca''' ===
After Giuca's sentencing, Giuca's supporters distributed pamphlets outside the courthouse claiming too few witnesses had been called to testify in the trial and that Giuca had not led a gang.<ref name="celebre" />
On August 6, 2019, Giuca's legal team filed a third motion to vacate his conviction based on new evidence. A hearing for these claims was scheduled for January 2021.<ref>{{Cite newspaper|last=Goldberg|first=Noah|title=Court will reexamine 2005 murder conviction of Brooklyn man accused of killing college football player, judge rules|url=https://www.nydailynews.com/new-york/nyc-crime/ny-john-giuca-murder-conviction-20200818-r2fozvhxfbhgdogrkuojtu5zka-story.html|access-date=2020-12-31||website=The New York Daily News}}</ref>


⚫
Giuca's supporters believed injuries to Fisher's body indicated a left-handed assailant, the location of Fisher's body, and details of the [[9-1-1|911]] calls implicate a crucial prosecution witness in Fisher's murder.<ref name="Mother Justice">{{cite news|last1=Ketcham|first1=Christopher|date=January 2009|title=Mother Justice|work=Vanity Fair|publisher=Condé Nast.|url=http://www.vanityfair.com/magazine/2009/01/brooklyn_sting200901|access-date=11 June 2016}}</ref><ref name="DD">DD-5 police report, Interview of Albert Cleary, Case No. 3106, Complaint No. 70919 - 10/14/2003 and 11/16/2003</ref>
== Support ==


=== Doreen Giuliano ===
⚫
After Giuca's sentencing, Giuca's supporters distributed pamphlets outside the courthouse claiming too few witnesses had been called to testify in the trial and that Giuca had not led a gang.<ref name="celebre" /> Giuca's supporters believed injuries to Fisher's body indicated a left-handed assailant, the location of Fisher's body, and details of the [[9-1-1|911]] calls implicate a crucial prosecution witness in Fisher's murder.<ref name="Mother Justice">{{cite news|last1=Ketcham|first1=Christopher|date=January 2009|title=Mother Justice|work=Vanity Fair|publisher=Condé Nast.|url=http://www.vanityfair.com/magazine/2009/01/brooklyn_sting200901|access-date=11 June 2016}}</ref><ref name="DD">DD-5 police report, Interview of Albert Cleary, Case No. 3106, Complaint No. 70919 - 10/14/2003 and 11/16/2003</ref>
⚫
Looking for evidence to overturn her son's conviction, [[Doreen Giuliano]] began an unsanctioned inquiry in the jury's composition. Giuliano targeted juror Jason Allo, whom a friend of Giuca's had recognized in the courtroom. Using the alias Dee Quinn, Giuliano rented an apartment close to Allo's residence, transformed her appearance, and established a close relationship with the juror. Giuliano recorded her conversations and submitted audio of Allo making antisemitic comments about Giuca to the State Supreme Court in an appeal of Giuca's conviction. Giuliano’s conduct was condemned by Judge Alan Marrus.<ref name=":0" /> Giuliano's crusade to free her son has earned her widespread attention from media outlets and the nickname "Mother Justice".<ref name="Mother Justice" /><ref name=":1" />


===''Amicus curiae''===
⚫
Looking for evidence to overturn her son's conviction, [[Doreen Giuliano]] began an unsanctioned inquiry in the jury's composition. Giuliano targeted juror Jason Allo, whom a friend of Giuca's had recognized in the courtroom. Using the alias Dee Quinn, Giuliano rented an apartment close to Allo's residence, transformed her appearance, and established a close relationship with the juror. Giuliano recorded her conversations and submitted audio of Allo making antisemitic comments about Giuca to the State Supreme Court in an appeal of Giuca's conviction. Giuliano’s conduct was condemned by Judge Alan Marrus.<ref name=":0" /> Giuliano's crusade to free her son attracted widespread attention from media outlets and the nickname "Mother Justice".<ref name="Mother Justice" /><ref name=":1" />
In the months leading up to the April 30, 2019, oral arguments, a large number of [[amicus briefs|''amicus curiae'' briefs]] were written in support of Giuca, from parties including the [[National Association of Criminal Defense Lawyers]], [[Innocence Project]], [[American Civil Liberties Union]], [[New York Civil Liberties Union]], [http://www.nysacdl.org/ New York State Association of Criminal Defense Lawyers], [[Legal Aid Society]], [[Bronx defenders|Bronx Defenders]], [https://www.appellate-litigation.org/ Center for Appellate Litigation], [https://oadnyc.org/ Office of the Appellate Defender] and [http://www.cdany.info/ Chief Defenders Association of New York].{{Citation needed span|text=|date=December 2020|reason=}}


==References==
==References==
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[[Category:Living people]]
[[Category:Living people]]
[[Category:1983 births]]
[[Category:1983 births]]
[[Category:John Jay College of Criminal Justice alumni]]
[[Category:Criminals from Brooklyn]]

Revision as of 23:39, 26 January 2021

John Giuca
John Giuca
Born (1983-10-08) October 8, 1983 (age 40)[1]
Brooklyn, New York, U.S.
NationalityAmerican
EducationBishop Ford Central Catholic High School [2]
Known for2nd-degree murder conviction

John Giuca (born October 8, 1983) is an American felon. He was convicted of second-degree felony murder in the October 2003 shooting death of 19-year-old Mark Fisher in Brooklyn, New York. Giuca is currently serving a sentence of 25 years to life for the murder of Fisher.[3] Mark Fisher's murder is also referred to as the "Grid Kid" homicide.[4]

Pre-conviction life

Prior to his arrest, Giuca graduated highschool and attended the John Jay College of Criminal Justice. He occasionally worked as a film and TV extra landing roles in Spider-Man, School of Rock, and Law & Order.[5]

Criminal History

In July 2004, 9 months after Fisher's murder, Giuca was arrested for a shooting at a group of men, while he was on vacation, at a Florida nightclub.[6] The Florida charges were dropped.[6] On September 30, 2004, 3 months before his felony indictment, Giuca was arrested for a second time on a Brooklyn street corner for buying narcotics while wearing a bulletproof vest.[7][8]

Arrest and indictment

Arrest

Giuca was arrested on December 21, 2004, at his home in Brooklyn. He was charged with providing Mark Fisher's murder weapon, a semiautomatic handgun, to Antonio Russo. Russo had been arrested and charged with Fisher's murder the prior month. At the time of his arrest, Giuca (20 years old) had been at the center of the investigation. A party Giuca held at his home on Stratford Road in Prospect Park South was the last place Fisher was known to have been before he was shot five times and left in a driveway on nearby Argyle Road.[7][8]

Indictment

Giuca was subsequently charged with second-degree murder, first-degree manslaughter, robbery in the first and third degrees, and multiple counts of criminal possession of a weapon.[7][3][8]

Case background

Map detailing the location of Mark Fisher's body in relation to John Giuca's and Albert Cleary's homes.

On October 11, 2003, Giuca was out drinking with friends in Manhattan. Mark Fisher, a college sophomore from New Jersey, ended up in Giuca's company after meeting a fellow Fairfield University student, Angel DiPietro, at an Upper East Side bar. Fisher followed DiPietro and a girlfriend to Giuca's house for an impromptu after-hours party.[9][10][11] Albert Cleary and Antonio Russo, neighborhood friends of Giuca, attended, amongst others. According to witness testimony, Fisher had been sitting on a table in the house, which upset Giuca.[12]

At 4:23 a.m., Fisher withdrew $20 from an ATM. At 6:40 a.m., police responded to gunfire reports and found Fisher's body on Argyle Road, three blocks away from Giuca's house. Fisher had been shot five times and was wrapped in a yellow blanket from Giuca's home.[13][8]

Antonio Russo and John Giuca did not have much contact before the shooting. In the 24 hours afterward, there were 26 phone calls between the two.[4] The next morning, Russo cut his dreadlocks and left for California.[14] According to Giuca, he last saw Fisher sitting on his sofa under a blanket. Giuca said he fell asleep after the party ended and had no knowledge of the murder.

A year later, Russo and Giuca were charged with murder.

2004 Homicide trial

Giuca and Russo were tried together as co-defendants, but with two separate juries. Giuca pled not guilty to the crime.

Evidence

The prosecution argued that Giuca and Russo, members of a street gang dubbed "Ghetto Mafia," beat and shot Fisher on Oct. 12, 2003, out of machismo, a need for street credibility, and because Mark Fisher as a rich kid who made an easy target.[15]

The government presented evidence of Giuca's involvement as a captain in the neighborhood street gang. Testimony showed that the Ghetto Mafia had recently put in place a policy that members would have to kill someone to join and that Giuca had been showing off a .22-caliber Ruger pistol a week before the murder.[16][17] Giuca’s best friend, Albert Cleary, testified that before the shooting, Giuca worried that his crew was "getting soft” and needed to "get a body.”[18]

Witnesses, including Giuca’s former girlfriend, testified to Giuca’s involvement in the murder, including providing the gun to Russo.[17][16] Cleary testified that within hours of the shooting, Giuca told him he had led Fisher out to the street toward Russo, who was waiting with a gun, around dawn. Cleary also testified that Giuca told him Russo had attacked Fisher, but that the 19-year-old who stood 6' 5", fought back and Russo had shot Fisher with a .22-caliber Ruger pistol. Russo then returned the gun to Giuca, saying, "It's done." Giuca then asked Cleary to get rid of the weapon.[13][12]

Russo claimed in his trial that Giuca was the person who fired the shots and killed Fisher.[16][18][17]

The government also called as a witness, Giuca’s former cellmate John Avitto, who testified that while imprisoned at Rikers Island he had overheard Giuca confess to the murder.

Verdict and sentencing

After three hours of deliberation, a jury found Giuca guilty on charges of second-degree murder, robbery, and multiple counts of criminal possession of a firearm. Russo's jury deliberated for two days before finding him guilty. In October 2005, 2 years after Fisher's murder Giuca and Russo were sentenced to of 25 years to life.[19]

Appeals

In 2008, Giuca filed his first motion to vacate the verdict arguing that he did not receive a fair trial due to juror misconduct.[11][20][21] The court denied Giuca's motion, and he appealed the decision. The New York Appellant Division 2nd Department denied the request for a hearing to review evidence of juror misconduct against former juror Jason Allo.[22]

In November 2010, a panel of four state Supreme Court judges ruled that even if the alleged statements the juror Jason Allo had made were true, there were no grounds for overturning his conviction.[23]

On May 14, 2013, federal judge Frederic Block denied Giuca's federal habeas petition.[24][25]

In February 2014, Giuca's attorney submitted a petition to the newly elected Brooklyn district attorney, Kenneth P. Thompson, requesting that the conviction be reviewed and voided due to prosecutorial misconduct, a failure by the defense lawyer at trial to point out multiple inconsistencies, and recantation of testimony by key witnesses.[26][27][28]

In January 2015, Thompson, who established the Conviction Review Unit in NYC, announced that after a thorough review, the department determined there was no wrongdoing with the Giuca case. Thompson stated, "I have determined that John Giuca's conviction for the murder of Mark Fisher is just and should not be vacated."[18]

On June 9, 2016, Giuca filed his second motion to vacate the verdict, which the Brooklyn Supreme Court Justice Danny Chun denied. The judge ruled that Giuca had received a fair trial. Giuca's attorney stated that he would appeal the verdict.[29]

On February 7, 2018, a state appellate court in Brooklyn unanimously overturned the conviction and ordered a new trial.[15]

On March 22, 2018, Antonio Russo confessed to killing Mark Fisher.[30] In a statement passed to Giuca's lawyer, Russo told detectives that he had murdered Fisher and[31] that the gun was his.[32]

On February 20,[33] June 28[34] and September 6, 2018, Giuca was denied bail despite having his conviction overturned.[35]

On June 28, 2018, in a letter to the Brooklyn district attorney, New York's highest court announced it would hear Giuca's case, with oral arguments scheduled for April 30, 2019.[36] The New York Court of Appeals reinstated Giuca's conviction in June 2019.

On August 6, 2019, Giuca's legal team filed a third motion to vacate his conviction based on new evidence. A hearing for these claims is scheduled for January 2021.[37]

Public support

Free John Giuca

After Giuca's sentencing, Giuca's supporters distributed pamphlets outside the courthouse claiming too few witnesses had been called to testify in the trial and that Giuca had not led a gang.[19]

Giuca's supporters believed injuries to Fisher's body indicated a left-handed assailant, the location of Fisher's body, and details of the 911 calls implicate a crucial prosecution witness in Fisher's murder.[5][38]

Doreen Giuliano

Looking for evidence to overturn her son's conviction, Doreen Giuliano began an unsanctioned inquiry in the jury's composition. Giuliano targeted juror Jason Allo, whom a friend of Giuca's had recognized in the courtroom. Using the alias Dee Quinn, Giuliano rented an apartment close to Allo's residence, transformed her appearance, and established a close relationship with the juror. Giuliano recorded her conversations and submitted audio of Allo making antisemitic comments about Giuca to the State Supreme Court in an appeal of Giuca's conviction. Giuliano’s conduct was condemned by Judge Alan Marrus.[16] Giuliano's crusade to free her son has earned her widespread attention from media outlets and the nickname "Mother Justice".[5][17]

Amicus curiae

In the months leading up to the April 30, 2019, oral arguments, a large number of amicus curiae briefs were written in support of Giuca, from parties including the 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.[citation needed]

References

  1. ^ "NYS Department of Corrections and Community Supervision". nysdoccslookup.doccs.ny.gov. Retrieved 10 June 2016.
  2. ^ Winston, Hella (24 September 2014). "Did an Ambitious Prosecutor Convict the Wrong Man for the Killing of Mark Fisher?". New York Observer. Retrieved 10 June 2016.
  3. ^ a b Brick, Michael (2005-10-20). "Two Receive 25 Years to Life For Student's Murder in 2003 (Published 2005)". The New York Times. ISSN 0362-4331. Retrieved 2020-12-30.
  4. ^ a b "'Grid Kid' murder conviction stands: Brooklyn DA". WPIX. 2015-01-14. Retrieved 2020-12-30.
  5. ^ a b c Ketcham, Christopher (January 2009). "Mother Justice". Vanity Fair. Condé Nast. Retrieved 11 June 2016.
  6. ^ a b Feuer, Alan (2018-02-22). "A Murder, a Conviction and a Never-Ending Case (Published 2018)". The New York Times. ISSN 0362-4331. Retrieved 2020-12-30.
  7. ^ a b c Smith, Aaron; December 22, Staff Reporter of the Sun |; 2004. "Second Suspect Arrested in 2003 Murder". The New York Sun. Retrieved 2020-12-30. {{cite web}}: |last3= has numeric name (help)CS1 maint: numeric names: authors list (link)
  8. ^ a b c d Wilson, Michael (2004-12-22). "Second Suspect Is Charged in 2003 Murder of Student (Published 2004)". The New York Times. ISSN 0362-4331. Retrieved 2020-12-30.
  9. ^ Wilson, Michael (December 22, 2004). "Second Suspect is Charged in 2003 Murder of Student". The New York Times.
  10. ^ Gorta, William J. (10 November 2010). "2003 B'klyn grid-slay appeal nixed". New York Post. Retrieved 11 June 2016.
  11. ^ a b NY v. Giuca, 2009-50577, archived from the original on 2012-03-25.
  12. ^ a b Feuer, Alan (17 September 2005). "Friend Says Defendant Admitted Role in Killing". The New York Times.
  13. ^ a b Feuer, Alan (2005-09-25). "A Fatal String of Bad Luck (Published 2005)". The New York Times. ISSN 0362-4331. Retrieved 2020-12-30.
  14. ^ Walsh, S. M. (2019-05-17). "John Giuca: 5 Fast Facts You Need to Know". Heavy.com. Retrieved 2020-12-30.
  15. ^ a b "New Trial Ordered in Brooklyn in 2003 Slaying of College Student". Retrieved 2018-09-11.
  16. ^ a b c d Marzulli, John. "Judge slaps slay-case undercover mom". nydailynews.com. Retrieved 2020-12-30.
  17. ^ a b c d Fahim, Kareem (2009-04-01). "Judge Rejects a Woman's Covert Effort to Vacate Her Son's Conviction (Published 2009)". The New York Times. ISSN 0362-4331. Retrieved 2020-12-30.
  18. ^ a b c Yaniv, Oren. "Brooklyn district attorney stands by guilty verdict against John Giuca for 2003 murder of Fairfield University student Mark Fisher". nydailynews.com. Retrieved 2020-12-30.
  19. ^ a b Brick, Michael (11 March 2006). "Unlikely Cause Célèbre Puts Courthouse on Edge". The New York Times. Retrieved 11 June 2016.
  20. ^ Chung, Jen (November 11, 2010). "No Appeal in Convicted Killer's Mom Woos Juror Case". Gothamist. Gothamist LLC. Archived from the original on February 2, 2016.
  21. ^ "Attorney Lloyd Epstein". epsteinweil.com. Epstein & Weil, LLC. Retrieved 28 September 2014.
  22. ^ "Judge throws out appeal of mother who seduced juror to exonerate her son John Giuca". New York Daily News. April 1, 2009. Archived from the original on May 23, 2012.
  23. ^ Callahan, Maureen (19 August 2012). "Truth-sleuth mom wooed her killer son's juror to get 'mistrial' dirt". New York Post. Retrieved 11 June 2016.
  24. ^ "New York Eastern District Court: Giuca v. Lee". justia.com. May 14, 2013.
  25. ^ "Memorandum And Order: Petitioner Giucas § 2254 petition is denied for Giuca v. Lee". justia.com. May 14, 2013.
  26. ^ Yee, Vivian (January 30, 2014). "Citing Misconduct, Lawyer Seeks Review of Conviction in 03 Brooklyn Killing". The New York Times. Retrieved June 11, 2016.
  27. ^ Yee, Vivian (2 February 2014). "Petition Seeking to Void Brooklyn Murder Conviction Calls Verdict a 'Sham'". The New York Times. Retrieved 7 November 2014.
  28. ^ Bredderman, Will (February 21, 2014). "Mother of John Giuca hopes District Attorney Ken Thompson will review murder conviction". The Brooklyn Paper. News Community Newspapers Holdings, Inc.
  29. ^ Ford, James (9 June 2016). "John Giuca, so-called Grid Kid Murderer, denied new trial despite new info supporting his innocence". New York's PIX11 / WPIX-TV. Tribune Broadcasting. Retrieved 11 June 2016.
  30. ^ "A student's murder, a jailhouse confession and one mother's crusade to free her son". ABC News. 2018-04-09. Retrieved 2018-09-21.
  31. ^ Winston, Hella (2018-04-03). "Star Athlete's Murderer Confesses. Why Is Someone Else Still Locked Up?". The Daily Beast. Retrieved 2018-09-21.
  32. ^ "A student's murder, a jailhouse confession and one mother's crusade to free her son". ABC News. 2018-04-09. Retrieved 2018-09-22.
  33. ^ "Giuca Post-Vacature Bail Denial Transcript | New York Supreme Court | Witness". Scribd. Retrieved 2018-09-12.
  34. ^ Carrega, Christina. "John Giuca slams judge after being denied bail in murder conviction that was overturned - NY Daily News". nydailynews.com. Retrieved 2018-09-12.
  35. ^ "Brooklyn man remains in jail despite having murder conviction overturned". Retrieved 2018-09-11.
  36. ^ Feuer, Alan (2018-07-05). "New York's Highest Court to Consider 2003 Brooklyn Murder Case". The New York Times. ISSN 0362-4331. Retrieved 2019-03-01.
  37. ^ Goldberg, Noah. "Court will reexamine 2005 murder conviction of Brooklyn man accused of killing college football player, judge rules". nydailynews.com. Retrieved 2020-12-31.
  38. ^ DD-5 police report, Interview of Albert Cleary, Case No. 3106, Complaint No. 70919 - 10/14/2003 and 11/16/2003

External links

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