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Murder of Mark Fisher

January 01, 1970

The murder of Mark Fisher occurred in the early morning hours of October 12, 2003. Where a 19-years old college student was brutally beaten, shot five times, and left on Argyle Road in Prospect Park South, Brooklyn.

John Giuca, one of two men convicted of Fisher's murder

On October 19, 2005, co-defendants Antonio Russo and John Giuca were convicted of second-degree felony murder for Fisher's death and sentenced to 25 years to life for his murder.[1][2]

Mark S. Fisher edit

Mark S. Fisher was from Andover, New Jersey. He was the son of Michael and Nancy Fisher and brother to Alexis Fisher.[3] He was a Lenape Valley Regional High School football star and Fairfield University sophomore.[4] He was studying to be an accountant, and was on the Dean's List.[5] Fisher was a National Honor Society student and a star athlete.[4]

Prior events edit

On October 11, 2003, Fisher was out drinking with three friends in Manhattan.[6][7][5] By chance, Fisher ran into fellow Fairfield University student, Angel DiPietro.[8][7][5] Fisher and one of DiPietro’s friends began hitting it off.[9][10]

That evening, DiPietro met up with another friend of hers, Albert Cleary.[4] Cleary joined the group with 20-year-old John Giuca.[7][5] Giuca, unable to gain admission to the bar, invited the group to his house in Brooklyn for an impromptu after hours party.[7] Fisher left his friends behind and taxied with the girls to Giuca's home.[4][9][11][12][7] A number of Giuca’s friends also joined, including 17-year-old Antonio Russo.[7][5] According to witness testimony, Fisher sat on a table in the house, which upset Giuca.[13] Giuca claimed he last saw Fisher around 5 a.m., falling asleep sitting on his sofa under a yellow blanket.[14]

At 5:23 a.m., Fisher withdrew $20 from a nearby ATM.[4][15]

Shooting edit

At 6:40 a.m., police responded to gunfire reports and within minutes found Fisher's body face down at the foot of a driveway on nearby Argyle Road.[16][5][4][7] 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.[14][17][18][7][19][20] The police recovered two .22 caliber shell casings at the scene.[7]

Prior to the murder, Russo and Giuca did not have much telephone contact.[21] In the 24 hours afterward, there were 26 phone calls between the two.[2] According to police records, Russo cut his long worn dreadlocks and a few days later he flew to California.[7][22]

Arrest and indictment edit

Antonio Russo edit

Russo was arrested at his home on November 23, 2004, 13 months after Fisher's murder. Russo was indicted on two counts of second degree murder, three counts of robbery, and weapons charges.[3]

John Giuca edit

Giuca was arrested on December 21, 2004, at his home in Brooklyn.[23][14] He was charged with providing Fisher's murder weapon, a semiautomatic handgun, to Russo. At the time of his arrest, Giuca had been at the center of the investigation. A party Giuca held at his home was the last place Fisher was known to have been before he was shot five times.[24][20]

Giuca had previously been arrested in July 2004 for assault, accused of having shot at a group of men in Florida while he was on vacation; the charges were later dropped.[25][26] 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.[27][24][20]

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.[24][1][20]

2004 homicide trial edit

Giuca and Russo were tried together as co-defendants in September 2005,[8][28] but with two separate juries.

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 Fisher was a rich kid who made an easy target.[29]

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.[30][31] 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.”[32]

Witnesses, including Giuca’s girlfriend at the time, testified to Giuca’s involvement in the murder, including providing the gun to Russo.[31][30] 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.[19][13]

Russo claimed in his trial that Giuca was the person who fired the shots and killed Fisher.[30][32][31]

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. He testified he overheard Giuca confess in a conversation with his father; however Giuca's father was unable to speak after suffering a stroke years earlier.[33]

Verdict and sentencing edit

In October 2005, two years after Fisher's murder, Giuca and Russo were sentenced to 25 years to life.[34] 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."[14]

Antonio Russo edit

Russo's jury deliberated for two days before finding him guilty.[17]

John Giuca edit

After two hours of deliberation,[17] the Brooklyn jury found Giuca guilty on charges of second-degree murder, robbery, and multiple counts of criminal possession of a firearm.[7][16] Giuca was imprisoned on Rikers Island.[4]

Appeals edit

2008–2015 edit

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.[12][35][36] 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.[37]

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.[38]

On May 14, 2013, Judge Frederic Block of the United States District Court for the Eastern District of New York denied Giuca's federal habeas petition.[39][40]

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.[41][42][43] 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 in the case: "I have determined that John Giuca's conviction for the murder of Mark Fisher is just and should not be vacated."[32] 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."[21]

2016–2018 edit

On June 9, 2016, Giuca filed his second motion to vacate the verdict. After a hearing Brooklyn Supreme Court Justice Danny Chun denied the motion on June 13.[44] The judge ruled that Giuca had received a fair trial. Giuca's attorney stated that he would appeal the verdict.[45]

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.[29] It ruled that the district attorney's office had withheld evidence from the defense.[16] On February 20, June 28, and September 6, 2018, Giuca was denied bail.[46][47][48]

On March 22, 2018, Russo confessed to killing Fisher.[49] In a statement passed to Giuca's lawyer, Russo told detectives that he had murdered Fisher and that the gun was his.[50][51]

On June 28, 2018, New York's highest court announced it would hear Giuca's case, with oral arguments scheduled for April 30, 2019.[52]

On June 11, 2019, the New York Court of Appeals overturned the appeals court decision, and reinstated Giuca's murder conviction.[53] Chief Judge of the State of New York Janet DiFiore, who wrote for the majority, disagreed 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."[54]

2019–present edit

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.[55]

Support edit

Looking for evidence to overturn her son's conviction, Doreen Giuliano began an unsanctioned inquiry of the jurors targeting juror Jason Allo. Using the alias Dee Quinn, Giuliano rented an apartment close to Allo's residence, transformed her appearance, and established a close relationship with him. 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.[30] Giuliano's crusade to free her son attracted widespread attention from media outlets and the nickname "Mother Justice".[56][31]

References edit

  1. ^ a b Brick, Michael (October 20, 2005). "Two Receive 25 Years to Life For Student's Murder in 2003 (Published 2005)". The New York Times. ISSN 0362-4331. Retrieved December 30, 2020.
  2. ^ a b "'Grid Kid' murder conviction stands: Brooklyn DA". WPIX. January 14, 2015. Retrieved December 30, 2020.
  3. ^ a b Wilson, Michael (2004-11-24). "Brooklyn Teenager Arrested in 2003 Murder of College Student". The New York Times. ISSN 0362-4331. Retrieved 2021-04-28.
  4. ^ a b c d e f g Walsh, S. M. (April 7, 2018). "Mark Fisher: 5 Fast Facts You Need to Know".
  5. ^ a b c d e f "A night of impromptu partying ends in murder, a suspect's conviction is overturned, but he remains in jail: 'I want my name cleared'". ABC News.
  6. ^ Comstock, Lori. "'20/20' to focus on Byram native's murder case, man awaiting possible new trial". New Jersey Herald.
  7. ^ a b c d e f g h i j k Feuer, Alan (February 22, 2018). "A Murder, a Conviction and a Never-Ending Case". The New York Times.
  8. ^ a b "Did an Ambitious Prosecutor Convict the Wrong Man for the Killing of Mark Fisher?". The New York Observer. September 24, 2014.
  9. ^ a b Wilson, Michael (December 22, 2004). "Second Suspect is Charged in 2003 Murder of Student". The New York Times.
  10. ^ Celona, Larry (November 24, 2004). "GRID SLAY SOLVED; COPS NAIL THUG IN COLLEGE KID'S B'KLYN MURDER".
  11. ^ Gorta, William J. (November 10, 2010). "2003 B'klyn grid-slay appeal nixed". New York Post. Retrieved 11 June 2016.
  12. ^ a b NY v. Giuca, , archived from the original on 2012-03-25.
  13. ^ a b Feuer, Alan (September 17, 2005). "Friend Says Defendant Admitted Role in Killing". The New York Times.
  14. ^ a b c d Ketcham, Christopher (28 November 2008). "Christopher Ketcham on Doreen Giuliano's Quest for Justice". Vanity Fair.
  15. ^ "State of New York Court of appeals" (PDF). Opinion. Retrieved 8 February 2021.
  16. ^ a b c Feuer, Alan (July 5, 2018). "New York's Highest Court to Consider 2003 Brooklyn Murder Case". The New York Times.
  17. ^ a b c Santos, Fernanda (September 30, 2005). "Second Defendant Is Guilty in Killing of College Student". The New York Times.
  18. ^ "Man's conviction for college student's murder was overturned last year, but he remains behind bars". ABC News.
  19. ^ a b Feuer, Alan (2005-09-25). "A Fatal String of Bad Luck". The New York Times. ISSN 0362-4331. Retrieved December 30, 2020.
  20. ^ a b c d Wilson, Michael (December 22, 2004). "Second Suspect Is Charged in 2003 Murder of Student (Published 2004)". The New York Times. ISSN 0362-4331. Retrieved December 30, 2020.
  21. ^ a b Clifford, Stephanie (January 12, 2015). "Brooklyn District Attorney Affirms Conviction in 2003 Killing of Student". The New York Times.
  22. ^ Walsh, S. M. (2019-05-17). "John Giuca: 5 Fast Facts You Need to Know". Heavy. Retrieved December 30, 2020.
  23. ^ Wilson, Michael (December 22, 2004). "Second Suspect Is Charged in 2003 Murder of Student". The New York Times.
  24. ^ a b c Smith, Aaron. "Second Suspect Arrested in 2003 Murder". The New York Sun. Retrieved December 30, 2020.
  25. ^ Feuer, Alan (February 22, 2018). "A Murder, a Conviction and a Never-Ending Case". The New York Times.
  26. ^ "Fisher murder remains unsolved". October 21, 2004.
  27. ^ Celona, Larry (October 1, 2004). "SWEEP NETS GRIDDER-SLAY SUSPECT".
  28. ^ "Mum secretly records juror in bid to prove son's innocence". 9news.com.au.
  29. ^ a b "New Trial Ordered in Brooklyn in 2003 Slaying of College Student". Retrieved 2018-09-11.
  30. ^ a b c d Marzulli, John. "Judge slaps slay-case undercover mom". The New York Daily News. Retrieved December 30, 2020.
  31. ^ a b c d Fahim, Kareem (2009-04-01). "Judge Rejects a Woman's Covert Effort to Vacate Her Son's Conviction". The New York Times. ISSN 0362-4331. Retrieved December 30, 2020.
  32. ^ a b c Yaniv, Oren. "Brooklyn district attorney stands by guilty verdict against John Giuca for 2003 murder of Fairfield University student Mark Fisher". The New York Daily News. Retrieved December 30, 2020.
  33. ^ Siegel, Harry. "Cleaning up Joe Hynes' mess". nydailynews.com. Retrieved 2021-03-26.
  34. ^ Brick, Michael (March 11, 2006). "Unlikely Cause Célèbre Puts Courthouse on Edge". The New York Times. Retrieved June 11, 2016.
  35. ^ Chung, Jen (November 11, 2010). . Gothamist. Archived from the original on February 2, 2016.
  36. ^ "Attorney Lloyd Epstein". epsteinweil.com. Epstein & Weil, LLC. Retrieved September 28, 2014.
  37. ^ . New York Daily News. April 1, 2009. Archived from the original on May 23, 2012.
  38. ^ Callahan, Maureen (August 19, 2012). "Truth-sleuth mom wooed her killer son's juror to get 'mistrial' dirt". New York Post. Retrieved June 11, 2016.
  39. ^ "New York Eastern District Court: Giuca v. Lee". justia.com. May 14, 2013.
  40. ^ "Memorandum And Order: Petitioner Giucas § 2254 petition is denied for Giuca v. Lee". justia.com. May 14, 2013.
  41. ^ Yee, Vivian (January 30, 2014). "Citing Misconduct, Lawyer Seeks Review of Conviction in 03 Brooklyn Killing". The New York Times. Retrieved June 11, 2016.
  42. ^ Yee, Vivian (February 2, 2014). "Petition Seeking to Void Brooklyn Murder Conviction Calls Verdict a 'Sham'". The New York Times. Retrieved 7 November 2014.
  43. ^ 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.
  44. ^ "People v Giuca". Justia Law.
  45. ^ Ford, James (June 9, 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 June 11, 2016.
  46. ^ Carrega, Christina. "John Giuca slams judge after being denied bail in murder conviction that was overturned". New York Daily News. Retrieved 2018-09-12.
  47. ^ "Giuca Post-Vacature Bail Denial Transcript | New York Supreme Court | Witness". Scribd. Retrieved 2018-09-12.
  48. ^ "Brooklyn man remains in jail despite having murder conviction overturned". Retrieved 2018-09-11.
  49. ^ "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.
  50. ^ Winston, Hella (2018-04-03). "Star Athlete's Murderer Confesses. Why Is Someone Else Still Locked Up?". The Daily Beast. Retrieved 2018-09-21.
  51. ^ "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.
  52. ^ 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.
  53. ^ "People v. Giuca". Justia Law.
  54. ^ Feuer, Alan (February 7, 2018). "New Trial Ordered in Brooklyn in 2003 Slaying of College Student". The New York Times.
  55. ^ Goldberg, Noah. "Court will reexamine 2005 murder conviction of Brooklyn man accused of killing college football player, judge rules". The New York Daily News. Retrieved December 31, 2020.
  56. ^ Ketcham, Christopher (January 2009). "Mother Justice". Vanity Fair. Condé Nast. Retrieved June 11, 2016.

External links edit

  • Amicus briefs submitted to the New York Court of Appeals in 2019 may be found here and here.
  • Video recording of oral arguments before the New York Court of Appeals

January 01, 1970
murder, mark, fisher, murder, mark, fisher, occurred, early, morning, hours, october, 2003, where, years, college, student, brutally, beaten, shot, five, times, left, argyle, road, prospect, park, south, brooklyn, john, giuca, convicted, fisher, murder, octobe. The murder of Mark Fisher occurred in the early morning hours of October 12 2003 Where a 19 years old college student was brutally beaten shot five times and left on Argyle Road in Prospect Park South Brooklyn John Giuca one of two men convicted of Fisher s murder On October 19 2005 co defendants Antonio Russo and John Giuca were convicted of second degree felony murder for Fisher s death and sentenced to 25 years to life for his murder 1 2 Contents 1 Mark S Fisher 2 Prior events 3 Shooting 4 Arrest and indictment 4 1 Antonio Russo 4 2 John Giuca 5 2004 homicide trial 6 Verdict and sentencing 6 1 Antonio Russo 6 2 John Giuca 7 Appeals 7 1 2008 2015 7 2 2016 2018 7 3 2019 present 8 Support 9 References 10 External linksMark S Fisher editMark S Fisher was from Andover New Jersey He was the son of Michael and Nancy Fisher and brother to Alexis Fisher 3 He was a Lenape Valley Regional High School football star and Fairfield University sophomore 4 He was studying to be an accountant and was on the Dean s List 5 Fisher was a National Honor Society student and a star athlete 4 Prior events editOn October 11 2003 Fisher was out drinking with three friends in Manhattan 6 7 5 By chance Fisher ran into fellow Fairfield University student Angel DiPietro 8 7 5 Fisher and one of DiPietro s friends began hitting it off 9 10 That evening DiPietro met up with another friend of hers Albert Cleary 4 Cleary joined the group with 20 year old John Giuca 7 5 Giuca unable to gain admission to the bar invited the group to his house in Brooklyn for an impromptu after hours party 7 Fisher left his friends behind and taxied with the girls to Giuca s home 4 9 11 12 7 A number of Giuca s friends also joined including 17 year old Antonio Russo 7 5 According to witness testimony Fisher sat on a table in the house which upset Giuca 13 Giuca claimed he last saw Fisher around 5 a m falling asleep sitting on his sofa under a yellow blanket 14 At 5 23 a m Fisher withdrew 20 from a nearby ATM 4 15 Shooting editAt 6 40 a m police responded to gunfire reports and within minutes found Fisher s body face down at the foot of a driveway on nearby Argyle Road 16 5 4 7 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 14 17 18 7 19 20 The police recovered two 22 caliber shell casings at the scene 7 Prior to the murder Russo and Giuca did not have much telephone contact 21 In the 24 hours afterward there were 26 phone calls between the two 2 According to police records Russo cut his long worn dreadlocks and a few days later he flew to California 7 22 Arrest and indictment editAntonio Russo edit Russo was arrested at his home on November 23 2004 13 months after Fisher s murder Russo was indicted on two counts of second degree murder three counts of robbery and weapons charges 3 John Giuca edit Giuca was arrested on December 21 2004 at his home in Brooklyn 23 14 He was charged with providing Fisher s murder weapon a semiautomatic handgun to Russo At the time of his arrest Giuca had been at the center of the investigation A party Giuca held at his home was the last place Fisher was known to have been before he was shot five times 24 20 Giuca had previously been arrested in July 2004 for assault accused of having shot at a group of men in Florida while he was on vacation the charges were later dropped 25 26 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 27 24 20 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 24 1 20 2004 homicide trial editGiuca and Russo were tried together as co defendants in September 2005 8 28 but with two separate juries 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 Fisher was a rich kid who made an easy target 29 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 30 31 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 32 Witnesses including Giuca s girlfriend at the time testified to Giuca s involvement in the murder including providing the gun to Russo 31 30 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 19 13 Russo claimed in his trial that Giuca was the person who fired the shots and killed Fisher 30 32 31 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 He testified he overheard Giuca confess in a conversation with his father however Giuca s father was unable to speak after suffering a stroke years earlier 33 Verdict and sentencing editIn October 2005 two years after Fisher s murder Giuca and Russo were sentenced to 25 years to life 34 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 14 Antonio Russo edit Russo s jury deliberated for two days before finding him guilty 17 John Giuca edit After two hours of deliberation 17 the Brooklyn jury found Giuca guilty on charges of second degree murder robbery and multiple counts of criminal possession of a firearm 7 16 Giuca was imprisoned on Rikers Island 4 Appeals edit2008 2015 edit 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 12 35 36 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 37 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 38 On May 14 2013 Judge Frederic Block of the United States District Court for the Eastern District of New York denied Giuca s federal habeas petition 39 40 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 41 42 43 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 in the case I have determined that John Giuca s conviction for the murder of Mark Fisher is just and should not be vacated 32 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 21 2016 2018 edit On June 9 2016 Giuca filed his second motion to vacate the verdict After a hearing Brooklyn Supreme Court Justice Danny Chun denied the motion on June 13 44 The judge ruled that Giuca had received a fair trial Giuca s attorney stated that he would appeal the verdict 45 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 29 It ruled that the district attorney s office had withheld evidence from the defense 16 On February 20 June 28 and September 6 2018 Giuca was denied bail 46 47 48 On March 22 2018 Russo confessed to killing Fisher 49 In a statement passed to Giuca s lawyer Russo told detectives that he had murdered Fisher and that the gun was his 50 51 On June 28 2018 New York s highest court announced it would hear Giuca s case with oral arguments scheduled for April 30 2019 52 On June 11 2019 the New York Court of Appeals overturned the appeals court decision and reinstated Giuca s murder conviction 53 Chief Judge of the State of New York Janet DiFiore who wrote for the majority disagreed 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 54 2019 present edit 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 55 Support editLooking for evidence to overturn her son s conviction Doreen Giuliano began an unsanctioned inquiry of the jurors targeting juror Jason Allo Using the alias Dee Quinn Giuliano rented an apartment close to Allo s residence transformed her appearance and established a close relationship with him 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 30 Giuliano s crusade to free her son attracted widespread attention from media outlets and the nickname Mother Justice 56 31 References edit a b Brick Michael October 20 2005 Two Receive 25 Years to Life For Student s Murder in 2003 Published 2005 The New York Times ISSN 0362 4331 Retrieved December 30 2020 a b Grid Kid murder conviction stands Brooklyn DA WPIX January 14 2015 Retrieved December 30 2020 a b Wilson Michael 2004 11 24 Brooklyn Teenager Arrested in 2003 Murder of College Student The New York Times ISSN 0362 4331 Retrieved 2021 04 28 a b c d e f g Walsh S M April 7 2018 Mark Fisher 5 Fast Facts You Need to Know a b c d e f A night of impromptu partying ends in murder a suspect s conviction is overturned but he remains in jail I want my name cleared ABC News Comstock Lori 20 20 to focus on Byram native s murder case man awaiting possible new trial New Jersey Herald a b c d e f g h i j k Feuer Alan February 22 2018 A Murder a Conviction and a Never Ending Case The New York Times a b Did an Ambitious Prosecutor Convict the Wrong Man for the Killing of Mark Fisher The New York Observer September 24 2014 a b Wilson Michael December 22 2004 Second Suspect is Charged in 2003 Murder of Student The New York Times Celona Larry November 24 2004 GRID SLAY SOLVED COPS NAIL THUG IN COLLEGE KID S B KLYN MURDER Gorta William J November 10 2010 2003 B klyn grid slay appeal nixed New York Post Retrieved 11 June 2016 a b NY v Giuca 2009 50577 archived from the original on 2012 03 25 a b Feuer Alan September 17 2005 Friend Says Defendant Admitted Role in Killing The New York Times a b c d Ketcham Christopher 28 November 2008 Christopher Ketcham on Doreen Giuliano s Quest for Justice Vanity Fair State of New York Court of appeals PDF Opinion Retrieved 8 February 2021 a b c Feuer Alan July 5 2018 New York s Highest Court to Consider 2003 Brooklyn Murder Case The New York Times a b c Santos Fernanda September 30 2005 Second Defendant Is Guilty in Killing of College Student The New York Times Man s conviction for college student s murder was overturned last year but he remains behind bars ABC News a b Feuer Alan 2005 09 25 A Fatal String of Bad Luck The New York Times ISSN 0362 4331 Retrieved December 30 2020 a b c d Wilson Michael December 22 2004 Second Suspect Is Charged in 2003 Murder of Student Published 2004 The New York Times ISSN 0362 4331 Retrieved December 30 2020 a b Clifford Stephanie January 12 2015 Brooklyn District Attorney Affirms Conviction in 2003 Killing of Student The New York Times Walsh S M 2019 05 17 John Giuca 5 Fast Facts You Need to Know Heavy Retrieved December 30 2020 Wilson Michael December 22 2004 Second Suspect Is Charged in 2003 Murder of Student The New York Times a b c Smith Aaron Second Suspect Arrested in 2003 Murder The New York Sun Retrieved December 30 2020 Feuer Alan February 22 2018 A Murder a Conviction and a Never Ending Case The New York Times Fisher murder remains unsolved October 21 2004 Celona Larry October 1 2004 SWEEP NETS GRIDDER SLAY SUSPECT Mum secretly records juror in bid to prove son s innocence 9news com au a b New Trial Ordered in Brooklyn in 2003 Slaying of College Student Retrieved 2018 09 11 a b c d Marzulli John Judge slaps slay case undercover mom The New York Daily News Retrieved December 30 2020 a b c d Fahim Kareem 2009 04 01 Judge Rejects a Woman s Covert Effort to Vacate Her Son s Conviction The New York Times ISSN 0362 4331 Retrieved December 30 2020 a b c Yaniv Oren Brooklyn district attorney stands by guilty verdict against John Giuca for 2003 murder of Fairfield University student Mark Fisher The New York Daily News Retrieved December 30 2020 Siegel Harry Cleaning up Joe Hynes mess nydailynews com Retrieved 2021 03 26 Brick Michael March 11 2006 Unlikely Cause Celebre Puts Courthouse on Edge The New York Times Retrieved June 11 2016 Chung Jen November 11 2010 No Appeal in Convicted Killer s Mom Woos Juror Case Gothamist Archived from the original on February 2 2016 Attorney Lloyd Epstein epsteinweil com Epstein amp Weil LLC Retrieved September 28 2014 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 Callahan Maureen August 19 2012 Truth sleuth mom wooed her killer son s juror to get mistrial dirt New York Post Retrieved June 11 2016 New York Eastern District Court Giuca v Lee justia com May 14 2013 Memorandum And Order Petitioner Giucas 2254 petition is denied for Giuca v Lee justia com May 14 2013 Yee Vivian January 30 2014 Citing Misconduct Lawyer Seeks Review of Conviction in 03 Brooklyn Killing The New York Times Retrieved June 11 2016 Yee Vivian February 2 2014 Petition Seeking to Void Brooklyn Murder Conviction Calls Verdict a Sham The New York Times Retrieved 7 November 2014 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 People v Giuca Justia Law Ford James June 9 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 June 11 2016 Carrega Christina John Giuca slams judge after being denied bail in murder conviction that was overturned New York Daily News Retrieved 2018 09 12 Giuca Post Vacature Bail Denial Transcript New York Supreme Court Witness Scribd Retrieved 2018 09 12 Brooklyn man remains in jail despite having murder conviction overturned Retrieved 2018 09 11 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 Winston Hella 2018 04 03 Star Athlete s Murderer Confesses Why Is Someone Else Still Locked Up The Daily Beast Retrieved 2018 09 21 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 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 People v Giuca Justia Law Feuer Alan February 7 2018 New Trial Ordered in Brooklyn in 2003 Slaying of College Student The New York Times Goldberg Noah Court will reexamine 2005 murder conviction of Brooklyn man accused of killing college football player judge rules The New York Daily News Retrieved December 31 2020 Ketcham Christopher January 2009 Mother Justice Vanity Fair Conde Nast Retrieved June 11 2016 External links editAmicus briefs submitted to the New York Court of Appeals in 2019 may be found here and here Video recording of oral arguments before the New York Court of Appeals Retrieved from https en wikipedia org w index php title Murder of Mark Fisher amp oldid 1189689600, wikipedia, wiki, book, books, library,

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