John Giuca
Encyclopedia
John Giuca was a student of criminal justice at John Jay College of Criminal Justice
in New York, NY in 2004 when he was arrested in connection to the slaying of Fairfield University
student Mark Fisher in 2003. Giuca was convicted under the Felony murder rule
and was sentenced on October 19, 2005. He is currently serving out his sentence of 25 years to life at Green Haven Correctional Facility
in Stormville, NY.
Giuca's case garnered attention in 2009 thanks to investigative work by his mother, Doreen Giuliano, who has been featured on ABC
's Nightline
, On the Case with Paula Zahn
, and The Early Show
, in addition to appearances in Vanity Fair
and The New York Times
, among others. Giuliano assumed a fictitious identity after hearing rumors that Jason Allo, a juror on her son's case, failed to disclose to the Courts his connection to Giuca prior to the trial. Giuliano obtained recordings of Allo making anti-Semitic statements towards Giuca, as well as admitting prior connections to him. In addition, questions have been raised as to Brooklyn D.A.
Charles Hynes' political connections to Albert Cleary, whose testimony was crucial to the case against Giuca.
Appeals in Giuca's case are currently pending. Giuca's most recent hearing request was denied by the courts on October 14, 2010, based on a technicality.
South neighborhood of Brooklyn, NY. Antonio Russo was arrested in connection to the crime on November 19, 2004, followed by Giuca on December 21, 2004.
Giuca's trial lasted two weeks, and despite a lack of forensic evidence, Giuca was convicted under the Felony-Murder Doctrine in a trial by jury and sentenced by Judge Allan Marrus on October 19, 2005. Testimony was heard from several witnesses, including statements from Giuca's childhood friend Albert Cleary and a jailhouse informant claiming to have overheard conversations between Giuca and visitors.
The Felony-Murder Doctrine, or Felony murder rule
, dictates that a person may be held responsible for a murder committed in the course of a felony or by being complicit to the felony. Abolished in much of the US and most of Europe, the Doctrine ignores intent and has been used to convict individuals of murders they did not directly take part in.
In one of several scenarios argued by the prosecution, it was claimed that Giuca provided Russo the firearm used in the robbery and murder of Fisher, and as such was liable for the murder. This, despite the fact that the weapon was never recovered and the only link to Giuca was based on contradicting witness testimony. Giuca was convicted on circumstantial evidence despite this.
Questions have been raised regarding the connection of Brooklyn D.A. Charles Hynes and Ms. Susan Cleary, the mother of the prosecution's primary witness, Albert Cleary. Ms. Cleary was, at the time of trial, the vice-chair of the Kings County Republican Party Executive Committee, and granted Hynes a "Wilson-Pakula" waiver to allow him to run on the Republican Party ticket in the election for Brooklyn District Attorney in 2005.
In the fiercely contested election of 2005, Mr. Hynes won the Democratic Primary for District Attorney by less than 3,000 votes, and would have relied on the Wilson Pakula had he lost. Media attention leading up to the election frequently highlighted the investigation into the death of Mark Fisher, and much of it was critical of Hynes' Office for his failure to apprehend the killers.
The Wilson Pakula obtained by Hynes, which functioned as insurance against any possible electoral defeat, was granted by Ms Cleary both in Hynes' 2005 election against Rep. John Sampson (D-NY), and again in 2009, when he used the waiver to monopolize both party tickets and run unopposed.
The integrity of Hynes' office has been brought into question repeatedly, most recently in the case of Jabar Collins. The courts determined prosecutorial misconduct on behalf of the Brooklyn DA in Collins' case resulted in his false imprisonment for 16 years; Collins is currently bringing civil action against 9 members of Hynes' staff, seeking damages of $150 million.
Just six weeks before the November election, both Antonio Russo, the shooter, and John Giuca were brought to trial. A conviction in the Fisher trial was crucial to Hynes given the impending election and fervent coverage of the case.
At the time of trial, Albert Cleary was one year into serving a five year probation sentence for assaulting a man in a Bronx bar. In stark contrast, John Giuca had no criminal record, had graduated high school with honors and was attending John Jay College for criminal law.
Forensic evidence presented in the trial suggested that Fisher was attacked by a left-handed individual. Fisher’s body was found fifty feet from Mr. Cleary’s bedroom window. Mr. Cleary and his girlfriend, Angel DiPietro, testified that they did not know about the murder that took place right outside their room, despite heavy police activity at the crime scene, and multiple reports of gunshots.
Two 911 calls alerting the police to the presence of a body in front of the Cleary house suggested that a young male and female were heard immediately before the reported gunshots. Cleary and DiPietro constituted the only couple among the group that night.
The use of Mr. Cleary as a primary witness against Giuca by the Kings County District Attorney’s office raises serious questions as to why he himself was not actually a prime suspect. Conflicts of interest are presented in the relationship between D.A. Hynes and the Clearys.
Armed with Allo's name and a tape recorder, Giuliano set out on an elaborate plan to collect information regarding her son's trial. She established an alias, “Dee Quinn,” and rented an apartment under this false identity. Donning a disguise that consisted of heavy makeup, revealing clothing and a naïve attitude, she staged a meeting with Allo. The two exchanged phone numbers, and the charade began.
Over the following months, Giuliano befriended Allo, frequently inviting him to dinner at her “sting” apartment where she plied him with food and wine, all the while secretly recording their conversations. After several months, she had collected audio of Allo detailing his anti-Semitic attitudes towards Giuca, as well as admitting to lying about his connections to the case so as to remain on the jury.
Evidence obtained by Giuliano is currently being used to appeal her son's conviction.
According to legal briefs filed by Giuca's attorney Lloyd Epstein, a fair trial was not given due to Allo's prior connections during the trial. It was argued that, although the prosecution claimed Allo was not required to disclose his knowledge, the law clearly dictates that he was.
The defense cites Giuliano's recordings as evidence of Allo's unfair bias against Giuca on the grounds of anti-Semitic remarks made in reference to him, and that Allo had illegally obtained information about the case from friends and family during the trial. The defense argues that “Allo's failure to disclose his personal knowledge of Giuca disqualified him as a juror regardless of whether he acquired this knowledge before or during the trial, or both.”
The Appellant Division 2nd Department denied a hearing request be held to review evidence of juror misconduct against Allo, based on a technicality involving transcripts of his recorded statements. The request for hearing is currently pending in the New York State Court of Appeals.
Several of the recordings can be heard on the May 3rd, 2009 episode of ABC's Nightline, where Allo is interviewed by Martin Bashir and confronted with his statements, including his saying “I hate Jews” and “I shouldn't have been on that jury.” Allo's attorney, Sal Strazzullo
, appears with him and aggressively denies the allegations.
NY Daily News: John Giuca
FreeJohnGiuca.com
John Giuca on Facebook
John Jay College of Criminal Justice
The John Jay College of Criminal Justice is a senior college of the City University of New York in Midtown Manhattan, New York City and is the only liberal arts college with a criminal justice and forensic focus in the United States. The college offers programs in Forensic Science and Forensic...
in New York, NY in 2004 when he was arrested in connection to the slaying of Fairfield University
Fairfield University
Fairfield University is a private, co-educational undergraduate and master's level teaching-oriented university located in Fairfield, Connecticut, in the New England region of the United States. It was founded by the Society of Jesus in 1942, and today is one of 28 member institutions of the...
student Mark Fisher in 2003. Giuca was convicted under the Felony murder rule
Felony murder rule
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
and was sentenced on October 19, 2005. He is currently serving out his sentence of 25 years to life at Green Haven Correctional Facility
Green Haven Correctional Facility
Green Haven Correctional Facility is a maximum security prison in New York, United States. The prison is located in the Town of Beekman in Dutchess County. The New York State Department of Correctional Services lists the address as Route 216, Stormville, NY 12582...
in Stormville, NY.
Giuca's case garnered attention in 2009 thanks to investigative work by his mother, Doreen Giuliano, who has been featured on ABC
American Broadcasting Company
The American Broadcasting Company is an American commercial broadcasting television network. Created in 1943 from the former NBC Blue radio network, ABC is owned by The Walt Disney Company and is part of Disney-ABC Television Group. Its first broadcast on television was in 1948...
's Nightline
Nightline
Nightline, or ABC News Nightline is a late-night news program broadcast by ABC in the United States, and has a franchised formula to other networks and stations elsewhere in the world. It airs weeknights, usually for 31 minutes. Created by Roone Arledge, the program featured Ted Koppel as its main...
, On the Case with Paula Zahn
On the Case with Paula Zahn
On the Case with Paula Zahn is a documentary and news program broadcast on Investigation Discovery and Discovery Channel since October 18, 2009....
, and The Early Show
The Early Show
The Early Show is an American television morning news talk show broadcast by CBS from New York City. The program airs live from 7 to 9 a.m. Eastern Time Monday through Friday; most affiliates in the Central, Mountain, and Pacific time zones air the show on tape-delay from 7 to 9 a.m. local time. ...
, in addition to appearances in Vanity Fair
Vanity Fair (magazine)
Vanity Fair is a magazine of pop culture, fashion, and current affairs published by Condé Nast. The present Vanity Fair has been published since 1983 and there have been editions for four European countries as well as the U.S. edition. This revived the title which had ceased publication in 1935...
and The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, among others. Giuliano assumed a fictitious identity after hearing rumors that Jason Allo, a juror on her son's case, failed to disclose to the Courts his connection to Giuca prior to the trial. Giuliano obtained recordings of Allo making anti-Semitic statements towards Giuca, as well as admitting prior connections to him. In addition, questions have been raised as to Brooklyn D.A.
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
Charles Hynes' political connections to Albert Cleary, whose testimony was crucial to the case against Giuca.
Appeals in Giuca's case are currently pending. Giuca's most recent hearing request was denied by the courts on October 14, 2010, based on a technicality.
Criminal Trial
The body of Mark Fisher was found October 12, 2003 on Argyle Road in the affluent Prospect ParkProspect Park (Brooklyn)
Prospect Park is a 585-acre public park in the New York City borough of Brooklyn located between Park Slope, Prospect-Lefferts Gardens, Kensington, Windsor Terrace and Flatbush Avenue, Grand Army Plaza and the Brooklyn Botanic Garden...
South neighborhood of Brooklyn, NY. Antonio Russo was arrested in connection to the crime on November 19, 2004, followed by Giuca on December 21, 2004.
Giuca's trial lasted two weeks, and despite a lack of forensic evidence, Giuca was convicted under the Felony-Murder Doctrine in a trial by jury and sentenced by Judge Allan Marrus on October 19, 2005. Testimony was heard from several witnesses, including statements from Giuca's childhood friend Albert Cleary and a jailhouse informant claiming to have overheard conversations between Giuca and visitors.
The Felony-Murder Doctrine, or Felony murder rule
Felony murder rule
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
, dictates that a person may be held responsible for a murder committed in the course of a felony or by being complicit to the felony. Abolished in much of the US and most of Europe, the Doctrine ignores intent and has been used to convict individuals of murders they did not directly take part in.
In one of several scenarios argued by the prosecution, it was claimed that Giuca provided Russo the firearm used in the robbery and murder of Fisher, and as such was liable for the murder. This, despite the fact that the weapon was never recovered and the only link to Giuca was based on contradicting witness testimony. Giuca was convicted on circumstantial evidence despite this.
Questions have been raised regarding the connection of Brooklyn D.A. Charles Hynes and Ms. Susan Cleary, the mother of the prosecution's primary witness, Albert Cleary. Ms. Cleary was, at the time of trial, the vice-chair of the Kings County Republican Party Executive Committee, and granted Hynes a "Wilson-Pakula" waiver to allow him to run on the Republican Party ticket in the election for Brooklyn District Attorney in 2005.
In the fiercely contested election of 2005, Mr. Hynes won the Democratic Primary for District Attorney by less than 3,000 votes, and would have relied on the Wilson Pakula had he lost. Media attention leading up to the election frequently highlighted the investigation into the death of Mark Fisher, and much of it was critical of Hynes' Office for his failure to apprehend the killers.
The Wilson Pakula obtained by Hynes, which functioned as insurance against any possible electoral defeat, was granted by Ms Cleary both in Hynes' 2005 election against Rep. John Sampson (D-NY), and again in 2009, when he used the waiver to monopolize both party tickets and run unopposed.
The integrity of Hynes' office has been brought into question repeatedly, most recently in the case of Jabar Collins. The courts determined prosecutorial misconduct on behalf of the Brooklyn DA in Collins' case resulted in his false imprisonment for 16 years; Collins is currently bringing civil action against 9 members of Hynes' staff, seeking damages of $150 million.
Just six weeks before the November election, both Antonio Russo, the shooter, and John Giuca were brought to trial. A conviction in the Fisher trial was crucial to Hynes given the impending election and fervent coverage of the case.
At the time of trial, Albert Cleary was one year into serving a five year probation sentence for assaulting a man in a Bronx bar. In stark contrast, John Giuca had no criminal record, had graduated high school with honors and was attending John Jay College for criminal law.
Forensic evidence presented in the trial suggested that Fisher was attacked by a left-handed individual. Fisher’s body was found fifty feet from Mr. Cleary’s bedroom window. Mr. Cleary and his girlfriend, Angel DiPietro, testified that they did not know about the murder that took place right outside their room, despite heavy police activity at the crime scene, and multiple reports of gunshots.
Two 911 calls alerting the police to the presence of a body in front of the Cleary house suggested that a young male and female were heard immediately before the reported gunshots. Cleary and DiPietro constituted the only couple among the group that night.
The use of Mr. Cleary as a primary witness against Giuca by the Kings County District Attorney’s office raises serious questions as to why he himself was not actually a prime suspect. Conflicts of interest are presented in the relationship between D.A. Hynes and the Clearys.
Juror Misconduct
More damning to the case against Giuca, however, was alleged misconduct on behalf of Jason Allo, one of the trial jurors. Upon hearing rumors that Allo had a personal connection to Giuca before trial, Giuca's mother, Doreen Giuliano, took it upon herself to investigate the allegations in hopes of exonerating her son. As jurors are vetted to ensure they have no knowledge of a case, witnesses or defendants, an established connection would be grounds for a new trial.Armed with Allo's name and a tape recorder, Giuliano set out on an elaborate plan to collect information regarding her son's trial. She established an alias, “Dee Quinn,” and rented an apartment under this false identity. Donning a disguise that consisted of heavy makeup, revealing clothing and a naïve attitude, she staged a meeting with Allo. The two exchanged phone numbers, and the charade began.
Over the following months, Giuliano befriended Allo, frequently inviting him to dinner at her “sting” apartment where she plied him with food and wine, all the while secretly recording their conversations. After several months, she had collected audio of Allo detailing his anti-Semitic attitudes towards Giuca, as well as admitting to lying about his connections to the case so as to remain on the jury.
Evidence obtained by Giuliano is currently being used to appeal her son's conviction.
Appeal
Using the evidence she obtained against Allo, Giuliano was able to get an appeal for her son heard. On October 14, 2010, arguments were heard requesting Giuca receive a new trial.According to legal briefs filed by Giuca's attorney Lloyd Epstein, a fair trial was not given due to Allo's prior connections during the trial. It was argued that, although the prosecution claimed Allo was not required to disclose his knowledge, the law clearly dictates that he was.
The defense cites Giuliano's recordings as evidence of Allo's unfair bias against Giuca on the grounds of anti-Semitic remarks made in reference to him, and that Allo had illegally obtained information about the case from friends and family during the trial. The defense argues that “Allo's failure to disclose his personal knowledge of Giuca disqualified him as a juror regardless of whether he acquired this knowledge before or during the trial, or both.”
The Appellant Division 2nd Department denied a hearing request be held to review evidence of juror misconduct against Allo, based on a technicality involving transcripts of his recorded statements. The request for hearing is currently pending in the New York State Court of Appeals.
Several of the recordings can be heard on the May 3rd, 2009 episode of ABC's Nightline, where Allo is interviewed by Martin Bashir and confronted with his statements, including his saying “I hate Jews” and “I shouldn't have been on that jury.” Allo's attorney, Sal Strazzullo
Sal Strazzullo
Salvatore Emilio Strazzullo is a New York City-based Criminal Defense, Civil, and Real Estate Attorney who gained notoriety in 2010 after defending celebrity Foxy Brown against assault charges...
, appears with him and aggressively denies the allegations.
External Links
NY Times: John GiucaNY Daily News: John Giuca
FreeJohnGiuca.com
John Giuca on Facebook