Thursday, March 29, 2018

The outrageous behavior by the Brooklyn DA and the criminal courts in Brooklyn continues in the John Giuca Case



Not only did an appeals court overturn a verdict in the Mark Fisher murder case  ---  DA and court misconduct in the first prosecution has left "The People" with no case to try against John Giuca  ---  And that will be litigated as part of a much more active defense if there is any attempt at a second trial


Recent article ties Hynes-era misconduct to the current DA and his handling of the Fisher-Giuca case review


According to a local government, criminal courts and community interest  “Free Paper for a Free People” & its associated blog,  “The Indypendant”  ---  There’s not much left in the DA’s original case against Giuca: no physical evidence placed him at the murder scene, three of the four key witnesses recanted, and the alleged motive — a gang-initiation rite — has little substance. What hovers over the proceedings, however, is the legacy of Joe Hynes. Under Ken Thompson and now Gonzalez, the DA’s Conviction Review Unit has issued 23 exonerations — but almost none have involved leading prosecutors from the Hynes era. And like Gonzalez, many of the key players in the Giuca case spent the bulk of their careers in the Hynes administration….   In fighting to maintain what appears to be the very shaky conviction of John Giuca, Gonzalez and his administration seem unable to escape the ghost of Joe Hynes….”  (See “Why Is The Brooklyn DA Still Keeping John Giuca Behind Bars”  by Theodore Hamm,  3/29/18,  The Indypendant/  New York   [https://indypendent.org/2018/03/why-is-the-brooklyn-da-still-keeping-john-giuca-behind-bars/]).  Mr. Hamm,  who is the Chairman  for Journalism and New Media Studies at Saint Joseph’s College in Brooklyn went on to say this:   “Meanwhile, as the DA’s office concocts its retrial strategy, John Giuca, now approaching 35, awaits his fate in the hellhole otherwise known as Rikers Island. Many people watching the case closely suspect that Gonzalez and company are hoping to grind down the defendant in order to make him accept a potential plea offer; one possibility is that he could be released with time served (but a murder conviction on his record and no recourse to sue for damages). In any event, Rikers is a “madhouse,” says Giuca, wearily….” 
DEFENSE READY TO BARE ALL IN FUTURE PR PUSH AND PRE-TRIAL LITIGATION,   IF THE DA CONTINUES TO PERSECUTE GUICA   
Clearly, the defense in the event of any attempted new trial will seek to remove any of the pro-prosecution-biased judges that dominate in the Brooklyn Criminal Courthouse.  Most likely, this will first be raised during the pretrial motions phase.  

Also,  the inappropriate the actions of the prosecutors repeatedly will be put before the public,  the trial court, the jury and the appellate courts if this three-ring circus of a prosecution goes forward.

19 comments:

Anonymous said...

I havent seen Susan Cleary lately

Anonymous said...

The Hynes legacy of disgrace never seems to go away.

Anonymous said...

What about the car? There were witnesses that talked about a car that was obviously used to transport Fisher to the place where he was shot. And what about the agitated and screaming young woman who was there at the time?

Anonymous said...

What about the jury that heard all this and said GUILTY

Anonymous said...

The jury verdict was based on prosecutorial misconduct which is why it was reversed on appeal.
Thats the point 12:39.

Anonymous said...

still sounds guilty

Anonymous said...

I'll explain it to you slowly, you twitty nitwit.

First and foremost, since the verdict was set aside, there is no finding of guilt, period, full stop. Second since there was so much prosecutor misconduct in this case, there is virtually no reliable evidence against John Giuca whatsoever.

One improper trick the prosecutor used was switching theories in her summation, saying Giuca was there when Fisher was shot; not only was there not one shred of evidence of that at the trial, there never was any evidence of that at any time during the entire investigation. Since, the prosecutor summed up last, there was no chance to rebut that outright falsehood.

Before that, the prosecutor vouched for the veracity of her main witness against Guica, saying that he was cooperating in his rehab program; that was false, in fact if he didn't testify against Guica he would have been sent back to serve out his full sentence, because he had not participated in his program. All of that information was not provided to the defense at the time of trial.

Lastly, several of the witnesses against Guica recanted their testimony and said that the reason they testified falsely at trial was coercion by the prosecutor or prosecutor's investigators.

Anonymous said...

Every hynes case you look at turns out to be a fraud. Every case

Anonymous said...

When Quag ran in 2013 he claimed hynes was his secret weapon. Q bragged about the hynes ticket being the winning formula in bay ridge. They got trounced.

Anonymous said...

I didn't know that JQ was a loyal Hynes lieutenant; he must have moved up since 2013, from now on we have to call him 'Captain Quag'.

Anonymous said...

Looks like capano missed the boat on this one.

Anonymous said...

Hynes didnt hang around pizzerias enough for bobs taste

Anonymous said...

How could a TV movie be so wrong

Anonymous said...

The DOI report that came out on hynes emails showed an interesting exchange between hynes and kassar. Hynes was bragging to kassar that a recent poll showed that the liberals in park slope were with him. Hynes was wrong. Q was also wrong. Hynes lost park slope and bay ridge.

Anonymous said...

Q was wrong? wow bob thats really something !!

Anonymous said...

I guess always being right like craig must be great.

Anonymous said...

I guess pizza surfing is the way

Anonymous said...

All the corruption in hynes office and marty didnt get any of it?

Anonymous said...

... and isn't Republican State Senator Martin Golden still being investigated by the Feds about loosey-goosey money-in, politics-out and politics-in, money-out?