'I want my name cleared.' A night of impromptu partying ends in murder, a suspect's conviction is overturned, but he remains in jail.
Two men were charged with his murder, but one of them, John Giuca, had his conviction overturned last year.
“John is innocent and we can prove it,” Giuliano said. “They put away an innocent man and there’s nothing that’s going to stop me.” After some members of the group were unable to get into bars because they were underage, Giuca, then 20 years old, invited everyone to his parents’ house in Brooklyn, New York, for an impromptu party that night.
"I can tell you that our detectives, when they arrived at the scene, they found a male -- white, prone -- obviously the victim of several gun shots. There was some trauma to his face," retired New York Police Department homicide squad Lt. Robert Casazza told"20/20." Police said everyone at the party was a person of interest, but with no hard evidence, the case was difficult to solve.
Cleary testified in front of the grand jury that Giuca had a .22-caliber pistol, the same caliber as the murder weapon, and that Giuca had given the gun to Russo to shoot Fisher.Giuca is adamant that he has never owned nor ever fired a gun. For the prosecutor to claim that her son was in a gang and had killed someone to up his street cred was “such a joke,” Giuliano said. She said her son and his friends had called their friend group various names over the years for fun.
Giuca said he remembers “not really associating” with Avitto at Rikers and being “totally shocked” by his testimony. “I got so angry and I jumped up and I said to the detectives that were sitting in the front row, ‘Are you happy now?’” Giuliano said. “I got dragged out by family members and then, I ended up fainting outside.”
Five months into what she called her sting, Giuliano finally got his attention. She bought a burner phone and a fake business card. She went by the fake name"Dee Madison Quinn" and rented a bachelorette pad for more than a year. She also dressed provocatively.She wore a recording device and recorded many of their conversations. Slowly, Giuliano gained Allo's trust, turning their conversations toward her son's murder trial.
Giuca's lawyer submitted a motion alleging juror misconduct to the judge, citing the recordings Giuliano made undercover with Allo. "The whole thing was a lie," Avitto is heard saying on a recording made by Salpeter during their conversation. Two more witnesses for the prosecution -- including girlfriend Calciano -- also recanted their testimony. In a sworn affidavit obtained by ABC News, Calciano said she'd lied on the stand after Nicolazzi and police put"relentless" pressure on her, threatening to"make this hard" for her father who was in jail at the time.
Giuca's legal team then filed a motion in court to vacate his conviction based on prosecutorial misconduct. On the witness stand at a hearing, Nicolazzi denied she'd done anything wrong in the case.
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