Free John Giuca

Recent signers:
Melanie LaRochelle and 19 others have signed recently.

The Issue

John Giuca, is an American convicted of second-degree felony murder in the 2003 death of 19-year-old Mark Fisher. Giuca's conviction was unanimously overturned in 2018 citing that lead prosecutor, Anna Sigga-Nicolazzi, withheld favorable evidence from the defense.

Recantations:

Two of the four prosecutions witnesses were former suspects in the case. Three of the four witnesses against John have recanted, two of them detailing how they were intimidated, threatened, and essentially forced into testifying.  The third witness who recanted has admitted that he received a deal from prosecutors for help resolving his own case, providing incentive for him to lie.

On March 22, 2018, New York police detectives sent by the Brooklyn district attorney interviewed Antonio Russo, Giuca's co-defendant who had also been found guilty in the murder and imprisoned. He allegedly confessed that, using his own gun, he had shot and killed Fisher. In a police report of that interview obtained by ABC News, he did not implicate Giuca but did not clear him either.

Regardless, prosecutors contested the appellate court’s decision. On April 30, 2019, they argued before a panel of seven judges on the New York Court of Appeals, the highest court in the state, to have Giuca’s conviction reinstated. Giuca’s attorney, Mark Bederow, countered that the lower court had decided to throw out his client’s conviction, and that his client is entitled to a new trial.

In the meantime, even though his conviction was overturned, John Giuca remains in jail on Rikers Island. Although his conviction was overturned, a judge denied him bail while the appeal process continues.  John has now served 15 years.

3,117

Recent signers:
Melanie LaRochelle and 19 others have signed recently.

The Issue

John Giuca, is an American convicted of second-degree felony murder in the 2003 death of 19-year-old Mark Fisher. Giuca's conviction was unanimously overturned in 2018 citing that lead prosecutor, Anna Sigga-Nicolazzi, withheld favorable evidence from the defense.

Recantations:

Two of the four prosecutions witnesses were former suspects in the case. Three of the four witnesses against John have recanted, two of them detailing how they were intimidated, threatened, and essentially forced into testifying.  The third witness who recanted has admitted that he received a deal from prosecutors for help resolving his own case, providing incentive for him to lie.

On March 22, 2018, New York police detectives sent by the Brooklyn district attorney interviewed Antonio Russo, Giuca's co-defendant who had also been found guilty in the murder and imprisoned. He allegedly confessed that, using his own gun, he had shot and killed Fisher. In a police report of that interview obtained by ABC News, he did not implicate Giuca but did not clear him either.

Regardless, prosecutors contested the appellate court’s decision. On April 30, 2019, they argued before a panel of seven judges on the New York Court of Appeals, the highest court in the state, to have Giuca’s conviction reinstated. Giuca’s attorney, Mark Bederow, countered that the lower court had decided to throw out his client’s conviction, and that his client is entitled to a new trial.

In the meantime, even though his conviction was overturned, John Giuca remains in jail on Rikers Island. Although his conviction was overturned, a judge denied him bail while the appeal process continues.  John has now served 15 years.

The Decision Makers

Kathy Hochul
New York Governor
U.S. Senate
2 Members
Kirsten Gillibrand
U.S. Senate - New York
Charles Schumer
U.S. Senate - New York

Supporter Voices

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Petition created on May 28, 2019