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In an attempt to obtain Giuca a new trial, his
mother, Doreen Giuliano, used an assumed identity to become close
to a man who had served as a juror on the case. Her actions were
extensively featured in the media. Giuca continues to maintain his
innocence, and a further appeal in his case is pending.
Background
Doreen Quinn Giuliano met Giuca's biological
father, John Sr., when she was 18. The couple separated 3 years
later. At 23 she met her current husband of over 20 years, Frank
Giuliano, and together they built up a small construction
business. Aged 20, Giuca was living at the 3 story family home in
Prospect Park, Brooklyn, while studying criminal justice at John
Jay College of Criminal Justice, and occasionally working as a
film and TV extra.
Giuca's friends included Albert Cleary, also a
college student, and 17 year old Antonio Russo, a strongly built
high school dropout who wore his hair in dreadlocks. Russo had
been in trouble with the law. At Russo and Giuca's trial, the
prosecution alleged that Giuca was the leader of a gang. Giuca's
supporters say he was simply a young man with friends from a
variety of backgrounds.
Murder of Mark Fisher
Fisher, 19 years old at the time of his death,
was from a New Jersey suburb. He was a star football player at
Fairfield University. Those who knew him remembered Fisher as
determined, warm-hearted and modest; he was popular with fellow
students and teachers.
On Oct. 11, 2003, Fisher took his first
unsupervised trip to the city with three other young men from
Fairfield. In an Upper East Side bar he met a girl he knew from
the university. Fisher got on well with a friend she was with, and
separated from his male companions, finally ending up in the
company of the two young women (who had missed their train),
Albert Cleary (who was the roommate of the Fairfield
acquaintance's boyfriend) and Giuca, who neither of the women
knew.
After a bar refused entry to some of them, an
unsuccessful attempt was made to get Fisher to take a cab home.
The women were invited by Cleary to wait for the morning train at
his family home, but because Fisher was not invited they were
reluctant to go. One later said that she did not want to leave
Fisher as he was visibly inebriated and not used to the city.
Giuca, whose parents were away, offered to let them stay at his
own family home, and all five took a cab to the house in Prospect
Park, where an impromptu party was joined by several others,
including Antonio Russo. Cleary later said Russo's presence had
prompted him to warn Fisher that there might be trouble.
According to testimony, shortly after arriving
Russo said "Hey, yarmulke" to Fisher, who was not Jewish. The girl
who Fisher knew from Fairfield said that it seemed the other men
didn't like Fisher, a 6'5" athlete, being paid so much attention
by the women. When the party ended Fisher and the two women fell
asleep on sofas. Police responding to reports of gunfire at 6:30
AM found Fisher’s body two blocks away from Giuca's house. He had
been shot dead.
Investigation
According to Giuca he last saw Fisher sitting
on the sofa draped in a blanket. Giuca said he had fallen asleep
after the party ended and that he had no knowledge of the murder.
Giuca and Russo quickly became the focus of police suspicions,
Giuca's house was searched and he was repeatedly stopped and
frisked. Fisher's family was unhappy with the way the murder of
their son was being investigated, and felt that left to
themselves, some officials were minded to have it 'swept under the
carpet'. Under pressure to get results in the high profile case,
police announced witnesses were being uncooperative.
Media attention leading up to the 2005
Democratic Primary for District Attorney frequently highlighted
the investigation into the death of Mark Fisher, and much of it
was critical of the District Attorney's Office for a failure to
apprehend the killers. Russo was arrested on November 19, 2004.
Giuca was arrested on December 21, 2004. After Giuca and Russo
were arrested, two other men were tried and acquitted on charges
of intimidating a witness in the case. One was convicted of
perjury.
Criminal Trial
Prosecution arguments
Lead prosecutor Anna-Sigga Nicolazzi told the
court Giuca's fantasies about being a crime boss had led him to
form a "pathetic" gang called the 'Ghetto Mafia', and orchestrate
the murder of Fisher. Nicolazzi said the murder "defied common
sense", but may have been motivated by a desire to boost the
reputation of the gang, and resentment toward Fisher. The
prosecution accused Giuca of giving Russo a gun, and said he
probably brought Fisher to Russo and participated in beating
Fisher.
Prosecution evidence included witnesses'
accounts of what Russo had allegedly said about his own and
Giuca's involvement in the murder, and witnesses' accounts of what
Giuca had allegedly said about his own and Russo's part in the
murder. Cleary testified that hours after the body was discovered
Giuca had told him "We may have had something to do with that."
According to Cleary, Giuca said he had led Fisher out the house to
where Russo was waiting with a gun to rob him, but when Fisher put
up a fight Russo had shot him dead. Cleary said that in the weeks
before the murder Giuca spoke about having the gang kill someone,
and had shown him a Ruger .22 pistol at his house.
Defence arguments
Giuca pleaded not guilty, he did not give
evidence at the trial. His defense attorney, Sam Gregory, told the
court that if Russo had committed the murder, it was without
Giuca's knowledge, participation, or approval, and that
prosecution witnesses had given untruthful and contradictory
testimony. Gregory said Cleary had earlier given evidence before a
grand jury without ever mentioning Giuca being angry about an
incident when Fisher sat on a table. The defense also said Cleary,
who had been convicted of an unrelated assault, considered himself
to be a 'tough guy,' and suggested that Cleary could have told
Russo where to find the gun that was used to kill Fisher. Giuca's
defense attorney told the court Giuca had not aided Russo, but
under pressure to get results in the case, police had made Cleary
and Giuca's ex-girlfriend give false testimony about Giuca having
confessed to involvement in the murder. Gregory dismissed the
evidence of a former cellmate of Giuca at Rikers Island who said
Giuca had admitted a role in the murder, as a fabrication aimed at
winning leniency from the authorities.
Verdict and sentencing
Giuca and Russo were tried together, but there
were two separate juries. The felony murder rule allows a person
to be held responsible for a murder committed in the course of a
felony or by being complicit to the felony, regardless of their
intent. 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. He had pleaded guilty
to a charge of firing a pistol in a street confrontation when he
was 17, later saying this was because fighting the charge could
have resulted in 15 years imprisonment even if he had been
acquitted on other charges. The jury deciding on the case against
Russo took two days to find him guilty. In October 2005 Giuca and
Russo were each given a sentence of 25 years to life.
'Free John Giuca' campaign
After Giuca's sentencing a number of people
wearing T-shirts bearing the slogan "Free John Giuca" handed out
pamphlets outside the courthouse. The pamphlets claimed only a
handful of around 150 people subpoenaed to testify before a grand
jury had been called to testify in the trial, and said Giuca had
not led a gang.
According to supporters of Giuca, injuries to
Fisher’s body indicating a left-handed assailant, the location of
Fisher's body, and details of 911 calls alerting the police, all
implicate a crucial prosecution witness in the murder of Fisher.
Russo and Giuca were brought to trial 6 weeks before the election.
Giuca supporters also point to a case in which courts determined
prosecutorial misconduct on behalf of the Brooklyn DA.
Allegations about Jury
Looking for evidence that could win her son a
new trial, Giuliano investigated members of the jury. By her
account, she recalled a friend of her son's had said he recognized
a shaven headed man on the jury. After somehow obtaining details
of the jurors' addresses that are not officially available to the
defendant, Giuliano targeted Jason Allo. Using the alias, “Dee
Quinn,” Giuliano rented an apartment close to his own, transformed
her appearance, and established a close relationship with him.
Giuliano secretly recorded their conversations.
After nearly a year, she had collected audio of Allo allegedly
talking of his biased attitudes towards Giuca, and connections to
the case that should have disqualified from serving on the jury.
Evidence obtained by Giuliano is being used to appeal her son's
conviction.
Appeal
Using the recordings of Allo, a legal brief was
filed by Giuca's attorney Lloyd Epstein, arguing Giuca did not
receive a fair trial because Allo failed to disclose his
connection and knowledge of people in the case. Giuca's lawyers
said 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 the request for a hearing
to review evidence of juror misconduct against Allo. Through his
attorney, Allo has said the allegations made about him are not
true. In November 2010 a panel of four judges ruled that even if
alleged statements the former juror had made to Giuliano were
true, it was not grounds for overturning Giuca's murder
conviction. On May 14, 2013, Giuca's efforts for freedom ended
when Federal Judge Frederic Block denied his federal habeas
petition. Giuca will now remain in prison for the rest of his
life.
Giuliano's fight to free her son has attracted
widespead attention from media outlets in the United States and
abroad including Nightline, On the Case with Paula Zahn, The Early
Show, Anderson Live, Vanity Fair, The New York Times, The
Guardian, and the Sydney Morning Herald. She has also been
featured in online media including The Huffington Post and the
Gothamist.