PROUD TO BE STANDING WITH DOREEN GILUANI AND MARK BEDEROW ESQ AS WE FIGHT TO BRING John Giuca HOME A FREE MAN pic.twitter.com/OhjAxIvOlH— Mark Meyer Appel (@MarkMeyerAppel) February 21, 2018
John Giuca, a man who seems to have been unfairly convicted of murder, had his sentenced overturned. Now, officials have the real murderer’s confession, and yet, Giuca remains in jail for a crime he didn’t commit.
The Independent reported that early in 2018, the man who’s been in jail for almost 13 years for the murder of 19-year-old college student Mark Fisher, had his case reviewed and his conviction unanimously overturned. At the time, prosecutorial misconduct was named as the reason as three out of the four witnesses who testified in the original 2005 Brooklyn trial recanted and the fourth was a Brooklyn district attorney’s office employee, making it a conflict of interest.
Relatives had hoped they would leave court Tuesday with John Giuca as he awaits his retrial. They instead left disappointed. https://t.co/j6EcfXQDif— Spectrum News NY1 (@NY1) February 21, 2018
After the conviction was thrown out, the court ordered a retrial. But instead of waiting for the retrial in freedom, the judge sent Giuca to Rikers. In the meantime, prosecutors have asked permission to appeal the court's ruling.
According to The Daily Beast, detectives now have a full confession proving that Giuca has nothing to do with the murder.
The alleged murderer, Antonio Russo, was the one who gunned down Fisher on a residential street after the college student left Giuca’s home. But while both Russo and Giuca were eventually charged, Giuca was indicted for reportedly supplying Russo with the gun. Prosecutors then argued that the murder was a retaliation for Fisher having “disrespected” Giuca and that he had “ordered” the killing.
On March 22, the Brooklyn DA sent detectives to where Russo is held. During their meeting, Russo confessed that he had killed Fisher and that the gun was his. He did not implicate Giuca in the murder.
When asked about the interview, a spokesperson for the DA’s office said they “don’t comment on pending cases.” Still, The Daily Beast reports, nothing in the confession documents seems to indicate that Russo was acting on anybody else’s behalf.
While Russo, who had a history of threatening people and being engaged in violent and aggressive behavior, appears to have nothing to gain from this, it’s still unclear how his confession will eventually be used in a possible retrial involving Giuca.
Until then, it’s evident that there’s something extremely wrong with the justice system in New York. After all, Giuca’s sentence has been overturned. And while detectives hold the murderer’s confession, the DA is still trying to appeal the decision.
Why are they so invested in keeping Giuca in prison when the actual murderer hasn't implicated the man now sitting in jail for this murder?