John Guica
[From article]
In her opening statement, Nicolazzi suggested that the killing of Fisher was gang-related.
But by the end of the trial, she introduced a completely new theory of the crime through the testimony of a drug-addicted jailhouse snitch named John Avitto.
Avitto testified that Giuca had confessed to him in jail, where he said he also overheard Giuca and his father speaking about the murder in the visiting room. This story had Giuca, Russo and a third individual beating Fisher after he refused to hand over $20 he had withdrawn from an ATM. In this version of events, Russo wrestled the gun from Giuca and shot Fisher. Despite the fact that his account contradicted that of every other witness, in her summation Nicolazzi told the jury that Avitto was “truthful,” “honest” and that “everything [he] told you is credible.”
Avitto has also recanted his testimony in a sworn affidavit. He now says he fabricated his entire story with help from newspaper accounts, in order to curry favor with the DA on his criminal charges. As it turns out, medical records show that Giuca’s father, having suffered a series of debilitating strokes, was unable to hold a conversation.
[. . .]
If John Giuca is freed, it will be one of a number of cases — many prosecuted under former Brooklyn DA Charles Hynes — that have been thrown out recently.
http://nypost.com/2014/08/17/ghetto-mobster-or-innocent-man-another-brooklyn-murder-case-falls-apart/
Ghetto mobster or innocent man? An NYC murder case falls apart
By Hella Winston
New York Post
August 17, 2014 | 12:01am
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