New trial ordered in ’03 ‘Grid Kid’ slay
THE MAN CONVICTED in the “Grid Kid” killing of a Fairfield University football player in Brooklyn 13 years ago is getting a new trial.
A state appellate court sided with John Giuca on Wednesday in his longtime bid to have another jury hear the evidence related to the 2003 murder of Mark Fisher, 19, a football player at Fairfield University in Connecticut.
Fisher was shot dead near Brooklyn’s Prospect Park, a few blocks from Giuca’s home, after a night of partying with Giuca and some friends in Manhattan.
Lawyers for Giuca, 33, who is serving 25 years to life in prison, argued that Giuca should have his murder conviction overturned and receive a new trial because of unreliable testimony from a prosecution witness.
The argument centered around John Avitto (below inset), a cooperating witness, whom Giuca allegedly confessed to while on Rikers Island.
Avitto, an admitted substance abuser and diagnosed bipolar schizophrenic, avoided up to seven years in prison for a 2004 robbery in exchange for his testimony at the 2005 trial. A prosecutor placed him in a substance abuse program instead.
Avitto recanted his testimony and apologized to Giuca at a hearing years later.
Even so, a lower court denied Giuca’s motion to toss his conviction because of its belief there was insufficient proof of an agreement between Avitto and the prosecution.
Fisher was at Giuca’s house before he was killed, and his body was found wrapped in a blanket from the home.
Giuca was also convicted of robbery and weapons posession.
“Prosecutors must not only disclose exculpatory or impeaching evidence but must also correct the knowingly false or mistaken material testimony of a prosecution witness,” the appeals court said in its ruling, adding that there was “a reasonable possibility that the prosecution’s errors affected the jury’s verdict.”
Giuca’s mother, Doreen Giuliano (inset left), was ecstatic. “I overwhelmed,” am Giuliano said. “I am so happy I got dizzy and nearly fainted.”
“It has taken 13-plus years, too long, but justice finally has been served in this case,” said Giuca’s attorney, Mark Bederow.
“The trial was a disgrace and the trial prosecutor knew it was littered with false testimony and undisclosed material. We are ecstatic that the Appellate Division agreed and unanimously reversed this conviction in a strong opinion. We have every expectation that John will be home soon.”
Prosecutors have maintained that other witnesses and evidence implicated Giuca. Another man, Antonio Russo, was also convicted in the case.
“We will review the decision and weigh our options,” said a spokesman for Brooklyn District Attorney Eric Gonzalez.