John Giuca, who was convicted in the “Grid Kid” killing of a Connecticut college football star, may face a new trial — and will remain behind bars until then, a judge ruled Tuesday.
Earlier this month, an appeals court unanimously tossed out Giuca’s 2005 conviction, saying that the trial prosecutor failed to inform jurors that one of the witnesses, a jailhouse snitch named John Avitto, received special treatment from the Brooklyn District Attorney’s Office in exchange for his testimony.
Brooklyn prosecutors said Tuesday they are appealing that decision — and if their appeal is rejected, they intend to try Giuca again for the slaying of Mark Fisher.
At the Tuesday hearing, Giuca’s defense attorney, Mark Bederow, insisted his client’s case has “been reduced to rubble,” and argued for his release on bail.
He said the appellate court concluded that former prosecutor Anna-Sigga Nicolazzi “exploited false testimonies.”
“This man is going to be free in the near future,” Bederow said.
But Brooklyn Supreme Court Justice Danny Chun denied bail for Giuca, who’s already served more than 10 years behind bars, and set a new trial date for May 1.
“He was found guilty of murder,” Chun said.
Giuca’s mom, Doreen Quinn Giuliano, said she was “very disappointed” by the decision.
“I’m looking for justice, and I just can’t seem to get it,” she said. “We want fairness. We want to judge to do the right thing and he is… I am very disappointed. I’m very heartbroken.”
Giuca, who is now being held on Riker’s Island, was serving up to life in prison for Fisher’s 2003 slaying when his conviction was overturned.
Fisher, a 19-year-old Fairfield University football player, was found shot and wrapped in a sheet Oct. 12, 2003, just blocks from Giuca’s Midwood home, after a night of partying.
Avitto had testified at trial that he’d overheard Giuca admitting his involvement while at Riker’s Island.
But during a 2015 hearing, Avitto said he’d “fabricated a story” for his benefit.
Bederow said he was “disappointed but not discouraged” by Chun’s ruling.
“In our view today’s ruling was legally incorrect and we expect bail will be granted in the appellate division,” he said. “In the meantime, we remain optimistic about the larger picture and ultimate victory.”