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.
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.