John Giuca was convicted on a charge of second-degree felony murder in the death of 19- year old Mark Fisher in 2003. Giuca was arrested a year after the murder, he was found guilty along with Antonio Russo; both were given a sentence of 25 years to life.
Following the recent defeat of 25-year incumbent District Attorney Charles Hynes, Giuca’s case has garnered new attention from the media, as well as the incoming District Attorney, Kenneth Thompson, who pledged in his campaign to investigate allegations of prosecutorial misconduct by his predecessor. Issues with the case include apparent conflicts of interest between Hynes and several key players in the case, including Hynes’ hiring of Angel Dipietro, a key witness, as an attorney working for his office. Hynes maintains her hiring was unrelated to the Fisher case, however many have publicly cast doubt on this assertion, including Fisher’s own parents, who sued Dipietro in 2007 for alleged negligence in her interaction with their son, who the Fishers’ maintain put him in harm’s way. Further doubts have been cast on the conviction by those who point out that Hynes received a political endorsement from a key witness’s mother, Susan Cleary, during the trial, which was ongoing during Hynes’ 2005 primary election. Giuca’s attorney is currently appealing to DA Thompson to overturn Giuca’s conviction based on these and other allegations of prosecutorial misconduct.
Additionally, three key witnesses have signed sworn affidavits recanting their testimony against Giuca.