John Giuca, seated at the defense table, center, was convicted in 2003 of the murder of Mark Fisher. Seated with Giuca are his attorneys, Mark Bederow, left, and Andrew Stengel.
Once again, John Giuca’s struggle to prove that his 2005 murder conviction was tainted by a Brooklyn prosecutor’s extensive misconduct has been thwarted. Acting Justice Danny Chun, the same judge who seven years ago denied Giuca’s motion for a new trial, has again ruled that the trial prosecutor behaved properly and that Giuca received a fair trial.
Justice Chun’s 2015 ruling was reversed by a unanimous appellate division (158 A.D.3d 642), which found that the prosecutor’s misconduct in suppressing evidence favorable to Giuca denied him a fair trial.
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