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Showing posts with label John Kennedy O'Hara. Show all posts
Showing posts with label John Kennedy O'Hara. Show all posts

Thursday, June 9, 2016

Seeking Justice For John Giuca

Justice was not done today.

At 2:00 PM today at 320 Jay Street, Justice Danny Chun was to decide if falsely accused college student John Giuca was to be afforded a new trial, in the face of the many missteps of justice during his first trial.

As of this writing, John is headed back to jail, away from his family and friends and all others who know and love him.

My earlier piece on John, Justice For John Giuca, is the most read piece in my new blog run. I actually had readership in the thousands at one point, when the waterheads who bored hungry readers with their boring-ass diatribes and bean counter stories teamed together in their community bath house / bowl of egg drop soup and decided that I would be exiled from their island. Features of the site began to disappear, things like the Most Read Articles widget; then Recent Additions; it became apparent that, regardless of the fact that I had breathed new air into the deflated dirigible known as Room Eight, I was to be ejected from the cab.

I have made the error of not always knowing who the true players are. This happened in regards to my employment at a well-known medical facility. One of those present at my hiring never wanted me there, and was eventually able to engineer things so that I would have no choice but to refuse to be bullied into coddling the STUPID.

After a series of moves, I was again working the telephone help desk during the day shift. I can do Help Desk in my sleep, and once took 240 calls in one day. I have that documented. The contention came when I was told that, in addition to taking down the issue at hand, that I was also to write the requestor's name into the body of the ticket, because the lazy-ass supervisor, who could dress like Steve Harvey, but couldn't smell his shit, was too bloody retarded to click the mouse one extra time to take a look at to whom said ticket had been assigned.

I was tasked to add a description so that the issues could be properly resolved...but to have to add the name that's already present?!?

Kiss my ass in Macy's window.

I won't bore you with any more of those details, but suffice it to say that I wish this putz eternal ball cancer - I actually want his sack to hurt, even when it's GONE. After all, he was partly responsible, along with the rest of the Douche Crew, for the death of the shop steward. I'll save that story for another time; right now, John Giuca has the floor.

I was not present at the original trial. At the time, I had not ever heard of the Grid Kid Slaying; never heard of any Ghetto Mafia, and was not aware of John Giuca. At the time, people were probably still pretending to be unable to put on gloves and mimicking, "If it don't fit, just cut the bitch!" or some other bunch of stupid crap. I was mostly unaware of the name of the D.A. of Brooklyn, but that I had seen headshots accompanying articles on the Howard Beach debacle and other such high-profile cases.

Let's go forward to my Room Eight piece, A Mother's Day Story (this is re-posted after the piece). This detailed the meeting of Doreen Giuliano with journalist and naked hiker Christopher Ketcham, rainmaker John Kennedy O'Hara, and yours truly. Little did we know at the time what a long, strange trip this was going to be...

I've attended a number of the trials by now. However, April 20th, 2016, was supposed to be a different kind of day. John was supposed to be present, but some butterhead screwed things up, and he couldn't be present at the courtroom (even though the time had been pushed back and the trial set up for a bigger courtroom, as John has a huge amount of support from family and friends who know, as I do, that John is serving another man's sentence).

In my opinion, John would be released today, after the judge realized that multiple miscarriages of justice had occurred. Instead, he had actually planned to postpone this hearing, but upon hearing our collective groans, decided that the motion would be tried with John in absentia.

The prosecution had actually arranged to speak after Mark Bederow, John's new attorney, but Mark wisely requested that he speak after the prosecution attempted to justify their case.

We all listened as the nonsense began...and went on...and on...and on, until the lackey purportedly representing the People of Brooklyn finished with faux indignation that anyone would second-guess a verdict obtained by his office.

Then, Mark Bederow approached the microphone.

Mark proceeded, in short order, to put the lie to every bit of verbiage and oral garbage that had exited the prosecutor's stuttering mouth.He also did what I believed was the crowning achievement of his oration - he worked the facts of the case, and found precedent that clearly determined that John Giuca deserved a new trial, as the former trial had been tainted by prosecutorial misconduct.

Simply put, Assistant D.A. Anna Sigga Nicolazzi had, inadvertently or not (I'll leave my opinion out of it at this time) had performed a service for junkie stoolie John Avitto  by keeping him out of jail, when he was certain to have to serve a seven year prison sentence. Avitto, as you'll remember from the former piece, and from other articles, is the fellow who purported to have HEARD JOHN'S MUTE FATHER SPEAK.

I can't stress that enough.

Maybe he had nodded out to The Sixth Sense and was reliving it in a fever dream when he testified that the conversation had, in fact, occurred.

Here's where we are going to take a little trip of our own...to the pantry of the Ambassador Hotel in LA.

Jamie Scott Enyart was 15 at the time, and had obtained a press pass. He was able to obtain entrance into the campaign location, and was following the Democratic candidate Robert Francis Kennedy, brother of former president and victim of scumbaggery, John Fitzgerald Kennedy, through the venue. Following along right behind, and to the right of RFK, was rent-a-scumbag Thane Eugene Caesar. At some point, RFK came upon the crowd of well wishers, and a Palestinian, Sirhan Bishara Sirhan.

Hey, SBS...your parents sure were out there with the names, huh? But, I digress.

SBS pulls out an eight shot revolver, and begins to level it at RFK, when Rafer Johnson and Rosey Greer grabbed at the thin would-be assassin, and wrestled him to a table; amazingly, the atheletes mentioned as to the difficulty they had holding him down.

Shots, however, had rung out, and RFK was prone, a clip-on tie firmly grasped in his hands.

That tie belonged to Thane Eugene Caesar.

While this was happening, Jamie Scott Enyart was clicking away with his camera.

I mentioned ass to how two atheletes were restraining SBS...but what were the LAPD doing?

They were confiscating Enyart's camera.

There's a totally unbelievable story that continues from here, but I'm writing this to simply tell you that I can say with absolute certainty that Thane Eugene Caesar is responsible for the murder of Robert Francis Kennedy, and that Sirhan Bishara Sirhan was a mind-controlled decoy who was provided such a stupid motive, that it defies logic that no one else has put this together.

You see, I'm not lying, and if that stupid ass would be tempted into suing me, first of all, I don't have a pot to piss in.

Well, yes, I have a nicely beaten pan in which I make my nestled eggs, and other things...but not much else.

Also, if he were to do so, he would have to explain why his gun was drawn at the moment of RFK's death, and...why he no longer possesses said firearm, or as to whom it was given.

I don't think he wants to go there. Just stay wherever you are, scumbag. I've got your number.

I wrote all of that to tell you if I could piece together the truth of RFK's assassination, there's no way some little shit is going to be able to pull the wool over my eyes.

Learn to sleep with your back to the wall, because soon it's going to be a way of life.

Let's talk quickly about that idiot in the Bronx who thought it was a good idea to try to rape two women, and instead got his stupid head creased with a tire iron.

Reports indicate that he had been in and out of jail 19 times.

This, I assume, was during the time John has been in jail for someone else's murder.

How is that possible?

PLEA BARGAINS.

This fuckwit was plea bargained nineteen times.

First time, okay. Everyone makes a mistake. Of course, that didn't apply to John, right?

Second time...well, the courts are overcrowded...we have to think about the process...or some other such dopey platitudes.

Third time...now you're just being capricious with the lives of us out here, trying to make it through our days.

Realize, of course, for this bloody bastard to be out on the streets, menacing women in their own apartments, means that he must have been plea bargained NINETEEN TIMES. Either that, or he had the Keystone Kops as prosecutors. He should have been another notch in the belt of the Booty Bandit; instead, he was trying to make his own version of Three's Company, with him as Larry; luckily, Jack Tripper came home and knocked another one out of the park with his tire iron.

I am truly disappointed with Justice Danny Chun's decision today...but not as much as his family, which continues to be fractured by our imperfect system of justice.

Innocent people should not be in jail.

The guilty should not get coddled; let them serve their time, so that we can live our lives.

John Giuca wastes the opportunities of what could have been his life as a prosecutor instead avoiding shivs and prison dope fiends.

Yes, if you didn't know, John was attending law school.

More's the pity.

Without further ado...

A Mother's Day Story



It was a cold winter night in January 2008 when my cell phone rang. "Meet me at Floyd’s around midnight", said political dissident John O'Hara, "something is up." Floyd’s is one of those late night bars on Atlantic Avenue where we, the conspirators, would meet.  We would launch a campaign that night to free a young man framed by the Brooklyn D.A., and serving a life sentence for a murder he did not commit.

At the stroke of midnight, O'Hara walks in with Doreen Giuliano, who after that night would become an international symbol for mothers of the wrongfully convicted.  Doreen's son, John Giuca, had been the subject of a high profile criminal case that the D.A.'s re-election was riding on a few years earlier.  Also at the meeting was magazine scribe Christopher Ketcham, who would break the story one year later in Vanity Fair, under the title "Mother Justice." It would be republished in magazines as far away as Japan, and become TV segments on Nightline and Good Morning America.

Sunday May 9th, 2010, on Mother’s Day, "On the Case with Paula Zahn" will have aired a one hour documentary about Giuca's trial.  Here's how it all started.

A newspaper reporter called O'Hara and told him a woman named Doreen Giuliano was looking for his phone number.   Doreen had read about O'Hara for years and was well aware of his opposition to the Brooklyn D.A. who had framed her son.  "Politics" she would say, "everybody keeps telling me that my son's conviction was about politics". 

Doreen didn't understand what her 22 year old son had to do with the D.A.'s re-election, but O'Hara did.  O'Hara had read Giuca's trial transcript prior to that nights meeting, and he saw all the red flags of a frame-up.  The case had no physical or forensic evidence, no eyewitnesses, just suspicious and contradictory testimony.  But it was Giuca's mother Doreen, whose actions we all knew would rock the courthouse.  On that cold winter night over two years ago we honestly didn't realize what a bombshell Christopher Ketcham's article in Vanity Fair would turn out to be.

Doreen's son, John Giuca, was convicted in the 2005 high profile murder trial of college football star Mark Fisher.  It was an election year, and the Fisher case became an albatross around Hynes’ neck as he faced a tough primary.  At Hynes’ bequest, the tabloids demonized Doreen's son as a ruthless "gang leader" who the D.A. called the leader of the "ghetto mafia".  The problem with that story was that young Giuca's criminal record consisted of a summons for jumping a turnstile - not exactly "gangster" material. 

Nevertheless, what Doreen did to free her son was what she wanted to tell O'Hara about that night.  The case against John Giuca was more than weak.  It stunk.  Three different prosecution witnesses gave three different stories about what happened the night of the Fisher murder.  One was the notorious jail house do-gooder who read about Giuca in the newspapers.  This career pedophile calls the D.A.'s office three weeks before the trial to say he overheard Giuca say some bad stuff; it turned out that such a conversation was impossible. Ultimately, what caught Doreen’s attention when the jury filed into the courtroom to deliver the guilty verdict was that all of the jurors were sheepishly hanging their heads.  All except one, Juror #8, a young Italian guy from Bensonhurst with a shaved head was smiling like he just accomplished something.  Seemed odd, said Doreen.  Than in the hallway she heard Juror #8 say the words that would lead to her son's exoneration, "I could sure go for a blunt."

Doreen would learn that Juror #8 turned out to be Jason Allo.  She kept him under surveillance for close to a year, learning his daily routine and observing where he hung out.  She transformed her appearance going to a gym and tanning salon so he wouldn't recognize her from the trial.  Then she rented an apartment a block from his house and wired it for sound.

“Wow”, I thought.

But it gets even better.

Doreen circled the block of the sting apartment on her bicycle for weeks in tight shorts and a push-up bra waiting to get Juror # 8's attention, finally hitting the jackpot.  Juror #8 was hanging out with his friends on their Bensonhurst corner when one of the guys  whistled at the petite blond.  Doreen slammed the brakes and started talking to the guys; from that point on Juror #8 would be known as Jason Allo, and Doreen Giuliano would be known as Dee Quinn.

Over the next six months Dee would lead a double life.  She would convince Allo she was a thirty something California girl new to Brooklyn, interning at the Innocence Project.  Allo took the bait, and Doreen's hope of getting Allo to admit on tape that he was smoking pot while serving as a juror on her son's case were becoming a reality.
Or so she thought.

What  Allo would admit on tape, over the following six months, turned out to be juror misconduct that was a little more serious than smoking herb.  Allo would admit that he lied to get on that jury.  He had a score to settle with Giuca.  It seems people Giuca knew had roughed up Allo's brother a few years earlier.  But there was more.  Juror #8 thought Giuca (pronounced Jew-ka) was a Jew." He lives in those big Jew houses" referring to the nine bedroom Ditmas Park Brooklyn home Giuca was raised in.   

THE PICTURE
Doreen had hit the jackpot in getting what she needed to overturn her son's conviction, according to attorney John O'Hara.  But there was more.  O'Hara knew that Doreen needed more than evidence to get Hynes high profile conviction reversed in the Brooklyn courthouse.

This time, she was going to need the press. When Christopher Ketcham got the assignment from Vanity Fair to write "Mother Justice," O'Hara realized Doreen was going to need a picture of her and Allo and together.  This posed a problem as months earlier Doreen had shut down the "sting" apartment in Bensonhurst.  Would Allo be angry that "Dee" had suddenly disappeared out of his life?  There was no getting around it; she had to face the person who schemed to put her son away for life once more.  Together, we hatched a plan.

It was a mild spring night in May of 2008 when Doreen convinced Allo to meet her at a bar in Downtown Brooklyn.  Doreen convinced Allo she had been back in California for a while, and now she had a new apartment in Brooklyn Heights.  Allo agreed to meet her at a bar in downtown Brooklyn, but he wouldn't say which one until they got together.  His emails to her indicated he was suspicious, "are you friend or foe?"

The rendezvous was set for a Friday night which meant the bar would be crowded.  This made Doreen comfortable.  You see, a book had come out about the Mark Fisher case titled "Hooked up for Murder" which had a picture of Doreen in the middle.  Did Allo, or one of his friends see it?  The plan was that Doreen would sit at the bar with Allo and O'Hara would take the picture.  Allo still had no idea that Christopher Ketcham was assigned to do a piece for Vanity Fair, and the picture was essential.  It had to be taken in public where Allo would have no expectation of privacy.  The bar was located on Smith Street and Baltic, a yuppie bar crowded with 20-somethings.  Since I am 6 feet and 4 inches weighing in at the higher end of the scale, it was my job to be in the perimeter, in case things got out of hand.  

O'Hara's job was to take the picture.  The place was typically crowded and when O'Hara got there it took him about fifteen minutes to get a seat next to Dee and Allo at the bar.  As planned, Dee had a camera sitting on the bar, and when she gave the signal to O'Hara, he wound up getting a lot more than pictures.

"Hey, aren't you the guy that’s always in the newspapers" was her opening line to O'Hara, "you’re the guy who’s into high profile cases". Before O'Hara could answer, Allo chimed in: "I was a juror on a high profile case". For the next twenty minutes, Allo would spill his guts about all the rules he broke to put away the young man, whose mother was sitting right next to him.  "I remember that case" O'Hara said, "it was in the newspapers a lot".  Allo would go on to brag to O'Hara about how he read two newspapers a day during the trial in defiance of the judges’ instructions.  "The Post covered it better than the Daily News" Allo said, even adding, "the jury should have been sequestered."  O'Hara clicked away snapping photographs of Doreen and Allo.  Those photos did not just make it into Vanity Fair; they made their way into hundreds of newspapers and magazines as far away as Japan.

Listening to Allo brag about how he wasn't going to "let the technicalities get in the way" of a guilty verdict made O'Hara cringe.  "Yep, 25 to life, I got no regrets," Allo said.  "Isn't he something" Doreen would say to O'Hara as he gave Doreen back the camera.  "He sure is" were O'Hara's parting words.

Sunday May 9th, 2010 was Mother's Day. "On the Case with Paula Zahn" has aired a one hour documentary that night into the Fisher case.

Meanwhile, young John Giuca still sits in prison for a murder he did not do.

Please visit http://www.freejohngiuca.com for more information.

Update: A piece from Harry Siegel in the Daily News brings us the not-so-good news. My comments follow from Facebook (understand that my comments are in no way a reflection of Harry Siegel himself - I've met and have conversed with him):
 

I posted this before reading it.

This article is ASS.

Nowhere in the article does Siegel mention the procedural error that Mark Bederow cites that should have had John home to his family.

Honestly, if it weren't for Thompson's very telling quote at the end, I'd wipe with this article.
Thompson's quote is VERY TELLING...as in Enquirer-levels of telling.
You do the math. I got the third highest score on my regents exam in sophomore year, and my teacher was a ballbuster of immense proportions (I still have the marks on my sack), but he did one good thing - he sat me behind one of the most beautiful asses I ever come across in my life...and I've seen some fantastic ASS).

Is it at all possible that the Brooklyn D.A.'s office cannot realize how obvious it is that John Giuca is simply being held in jail because SOMEONE HAS TO BE JAILED FOR MARK FISHER'S MURDER, EVEN IF IT'S NOT THE RIGHT PERSON?!?
 
I know who you are, asshole. You're going to pay dearly for what you've done. 

Thursday, January 14, 2016

Justice for John Giuca

Before I became a crusader for the cause of eradicating GMOs from our lives, I remarked on a number of topics; chief among them, the events of September 11, 2001. I was actually a favorite of Arianna Huffington until these pieces began to crop up in my writings. Another subject was what I perceived to be flawed justice, and among my many personages were John Kennedy O'Hara, Judge John "The Kung-Fu Judge" Phillips, and John Giuca.


I am a personal friend of Doreen Giuliano. That being said, it doesn't change the facts of the story. I met her not long before Christopher Ketcham penned his Vanity Fair piece, Mother Justice. I have stayed in contact with her, and I still cannot make sense of as to why John Giuca still languishes behind prison walls. Here's a PDF of the piece.


What will follow this is a piece I penned a couple of years ago. I had intended to write an entirely new piece, but there have been a number of new pieces, notably a very recent article on the Gothamist by Hella Winston which really gets into most of what I would have added. Here's a piece from MyLifeOfCrime. What I'm going to do is to follow my piece with a breakdown of John Avitto's offerings to Anna Sigga-Nicolazzi, and see if there is any possibility that she did NOT suborn perjury. Let's see how I do...


The Grid Kid Meets Wilson-Pakula

What would you do if you were unjustly jailed for a crime obviously committed by another? What would your family do to see justice served? How would you counter the lies and falsehoods intended to paint your family member in the worst light possible? Is there anything you would not do?

John Giuca is currently languishing in jail for a crime committed by another party. John was arrested on December 21, 2004 for the murder of Mark Steven Fisher, a student at Fairfield University, out for a night of fun with some college buddies. At the time, he was not of drinking age, but he and his buddies managed to access some bars on the upper west side – there, at a sports bar, he met a college acquaintance, Angel DiPietro and made his acquaintance with one of her friends a pretty young blond named Merri. His buddies would leave Mark to his new company. Eventually, he ended up in a bar on Second Avenue, where he ran into John Giuca and Albert Cleary. Albert was a friend of Angels. The group was not allowed into the tavern, and so, it looked as if they wanted the party to continue, someone would have to come up with a new plan. John then offered Mark and the young ladies to join him to come to Brooklyn. Angel is the only person who protested taking Mark with them. John offered his home, and the group went by yellow cab to Prospect Park South. John’s mother and stepfather were away on vacation.

At some point, Mark visited an ATM at a convenience store, at approximately 5:30 in the morning. Not long after his cash withdrawal, he returned to John’s house, then Mark crashed on one of John’s couches. At 6:41 AM, a 911 call reported gunshots, leading to the body of Mark Fisher being found on Argyle Road, not more than fifty feet from Albert Cleary’s home.











Here is where reality divorces itself from the facts of the matter.

Albert and Angel DiPietro were present at Albert's home, yet they stated that they hadn’t heard any gunshots. Neighbors farther away from the crime scene reported hearing the gunshots. Exhibit 1

Albert’s initial statements did not implicate John Giuca initially, but that would soon change. It turns out that Albert Cleary’s mother, Susan Cleary, was the vice-chair of the Kings County Republican Party Committee, and she was able to use the circumstances of the upcoming District Attorney election to help her son.

The Brooklyn D.A., Charles “Joe” Hynes, had just narrowly defeated an upcoming challenger, John Sampson, in the Democratic primary by less than 3,000 votes, and would need some way to bolster his candidacy. The Fishers were demanding that their son’s killer be brought to justice. It was then that Hynes was issued a Wilson-Pakula. Hynes would then go on to take the race handily.

A Wilson-Pakula is an endorsement given by a political party to a candidate, and in this case it was given to Charles "Joe" Hynes, for public office in the State of New York which allows a candidate not registered with that party to run as its candidate and "fuse" the votes.

Not long after receiving said endorsement , the focus went from Albert Cleary to John Giuca and Antonio Russo, who were then arrested in the following months. However, the facts of the case would tend to point the guilt squarely at Albert Cleary:

Mark left John’s home sometime after 6:00 AM to pick up Angel and return to Fairfield University – at this time, Angel was at Albert Cleary’s home.

The coroner had stated that trauma to the right side Mark’s face had been located – this would indicate that a left-handed assailant had committed the attack. Albert Cleary is left-handed, and according to testimony, the only left-handed individual at the party.

A 911 call not heard by the jury indicated that a male and a female voice was in the background arguing - right before she heard the guns shots and it was established that Albert and Angel were the only couple who left the party and was on Argyle road.

 During John's  trial a Jail House Informant , John Avitto claims to have not received any special favors for his testimony, but was out of jail, instead of facing a 3.5 to 7 on a felony burglary charge. Avitto testified that he overheard John Giuca and his father talk about a gun. If this had happened it would have been a miracle because John's father had a stroke earlier that year, and was thus unable to speak; unfortunately, John's lawyer never took advantage of that information to discredit Avitto's testimony.

During the trial, it was offered by Albert that John became angry by Mark's sitting on a table that belonged to John's mother - it was later revealed that this testimony was false.

Angel's father, James DiPietro, represented a number of reputed associates of the Colombo crime family back in 1991 under a Grand Jury subpoena. After the body of Mark was removed from Argyle Road, Albert and Angel fled to James DiPietro home in Garden City Long Island.

It was intimated that John was the leader of a gang called "Ghetto Mafia", but it has been proven that this gang affiliation was an utter fabrication. The prosecutor's 4th theory was that John was attempting to "up the street cred" of his fictional gang by "getting a body", something a legitimate gang member would indeed brag about - but John continues to maintain his innocence, never bragged about it, and during trial, John's lawyer asked Albert Cleary:


Q.         Albert, did John tell you what happened to Mark, or did you tell John? 


A.         I told John.

Can it be posited that in exchange for the Wilson-Pakula, the life of John Giuca was sacrificed?

Consider the benefits:

Susan Cleary was able to keep her son out of prison.


The same year John was dragged to trial Charles Hynes was granted the Wilson Pakula and he never received it before.


Everyone who testified at trial, their lawyers secured immunity for them. Albert's lawyer was unsuccessful in securing immunity for Albert, so as long as his mother, the Vice- Chair person forks over the Wilson Pakula every election year, Albert will not get indicted for the murder.




Charles Hynes directly benefitted from the prime suspect, who turned star witness, Albert Cleary's mother, Republican executive vice-chair committee member Mrs. Susan Cleary.

John Giuca continues to languish in a jail cell for a crime he did not commit.

Let's see justice done - let's send John home to his family.
Okay...before I even get into the myriad of utter bollocks that is Avitto's "testimony", were you aware that John Giuca was a double-major in economics and accounting?


I mention this because I had also decided at one point to become an accountant...only I had "failed" the English portion of my college entrance exam.


The guy who earned a 12.9 reading average in the 6th grade couldn't ace an essay test.


Want a piece of the Brooklyn Bridge? I'm your man.


Ever read The King Must Die? It's based loosely on Greek mythology. I was transferred into an adjacent English class one day before the essay test was issued on the book. The teacher told me that I could take the test, but that I wasn't going to be penalized if I didn't do well on the exam. I read the book the next morning on the train on the way to school.


I got the third highest grade on the test.


Suffice it to say...I can write a coherent enough essay in order to qualify to be an accountant.


Now, idiots...don't you think you should have left well enough alone? I would be crunching numbers for a living, and maybe too inured to bother delving into whether it makes sense for two planes to have "collapsed three buildings...but I digress.


First version of Avitto's "testimony":


Avitto’s version of the alleged confession had Fisher visiting an ATM with Giuca and two unnamed accomplices, who beat and then shot Fisher after he angered them by withdrawing only $20.


Next instance:


But she also conceded that Giuca’s alleged confession to Avitto could not have been true because, while Avitto said that Giuca described the robbery and murder as happening immediately after an ATM trip, “basically at the same time, at the same transaction…all one and the same,” she never in fact believed that Fisher made a second trip to an ATM—a striking admission considering that in her summation at trial she made several references to a “first” ATM visit, implying there had been a second.


Soon to be followed by:


In a rambling response to Giuca's attorney Mark Bederow’s questioning she testified that she believed what Avitto had told her because “it was more like a conversation [he and Giuca] had had some time before, which in this case was months, and not being as focused because they weren’t kind of putting it in his brain for any particular purpose at the time that he’s hearing about it, and the when and the what, where.”


Of course, there is the matter of his very recent recantation of said testimony:


At the hearing, he testified that he “made up” his account of Giuca’s confession—which he claims to have constructed from newspaper reports he read at the time—so the DA would help him get his warrant “squashed” and keep him out of prison and in a drug program.
Addressing Giuca from the stand, Avitto said, “I did it because—I'm sorry, again. I did it to help myself. I was scared to go to prison for three-and-a-half to seven, okay. I mean, if you look at my rap sheet and all the prison time I did, three-and-a-half to seven, you would probably think I could do that anytime. But I was scared. So what I did was, we were friends in there and I said to myself when I got out and I violated, I said I could come up with a story about you and put pieces together from what I read in the newspaper and everything and get the D.A.s to help me get out of my warrant."
Avitto went on: "I knew I couldn't do a drug program at that time. I knew it for a fact. So, I kept warranting, walking out of programs, walking out of programs, walking out of programs, and I just fabricated the story more and more so the D.A. would believe me about you. And I'm truly, truly sorry. Please forgive me.”


So...let's see. We have, in this case:


  • Violation of voir dire (In the United States, it now generally refers to the process by which prospective jurors are questioned about their backgrounds and potential biases before being chosen to sit on a jury. "Voir Dire is the process by which attorneys select, or perhaps more appropriately reject, certain jurors to hear a case."[5] It also refers to the process by which expert witnesses are questioned about their backgrounds and qualifications before being allowed to present their opinion testimony in court. As noted above, in the United States (especially in practice under the Federal Rules of Evidence), voir dire can also refer to examination of the background of a witness to assess their qualification or fitness to give testimony on a given subject.[6])
  • Perjury by a false witness (forgive me if these aren't strictly legal terms)
  • Failure to fully vet possible alternate perpetrators (see the screen maps above)
  • Violation of Brady vs. Maryland (Brady evidence also includes evidence material to credibility of a civilian witness, such as evidence of false statements by the witness or evidence that a witness was paid to act as an informant.[5])
There's plenty more where that came from...but my point remains that any one of the above is grounds for an appeal, if not for throwing out the verdict entirely. Hopefully, Justice Danny Chun comes to realize this, as well.


I will end with some pictures taken on John's day in court (August) - I believe there will be a face or two that you may recognize.


























I hope that you will pass this story onto someone, and if you have someone who you know has been falsely accused of a crime, and is currently languishing in prison, contact Jeffrey Deskovic at the Innocence Project.

Friday, October 24, 2014

What Is This, A Minstrel Show? Shame On CBS (R8 Re-Post)

What Is This, A Minstrel Show? Shame On CBS
I met a couple of new people today.
I met Jeffrey Deskovic.
I met Fernando Bermudez.
I met Derrick Hamilton. I actually wrote a piece about him. It began like this:
We've another one, dear readers. Can you guarantee your freedom, if you're convicted of a crime when you're in ANOTHER STATE, with dozens of witnesses who can attest to your presence at that time?
Read about Derrick Hamilton, and understand that a miscarriage of justice can happen to YOU. Let's put an end to this.
JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED
PAGE 10 ISSUE 41 - SUMMER 2008
Click anywhere in the above text to read that piece.
I met again with Abe George, current Brooklyn D.A. Charles "Joe" Hynes' challenger, and also with Doreen Quinn, mother of wrongly-convicted-of-murder John Guica. There are many pieces that I've written about John.
I believe that we are two movements into a performance piece by the Powers-That-Be.
The first movement consisted of a clean sweep of all of the Black and Hispanic "troublemakers" elected to represent We The People in Brooklyn. This movement was led by Shirley Huntley, but orchestrated by a person still unknown to us all. This was the bagman.
The first movement went off without a hitch.
The second movement was well on its way - a "reality" show called Brooklyn D.A. was set to go on the air, at the beginning of what looks to be a heated contest between Hynes and George.
Not so fast - George may have put the kibosh on that dog-and-pony show. Why not let Abe George say it in his own words:
Abe George Explains His Lawsuit Against "Brooklyn D.A."
Thanks to Brooklyn Ron for the above link.
I don't believe I made this clear when I first posted this piece. This show is a violation of campaign finance laws, and it is especially insidious in that the show was planned to air before the election.
"Brooklyn D.A." is essentially an INFOMERCIAL for Hynes.
It purports to masquerade as a "reality show", but the reality is that it glosses over any real cases of note.
One of the topics it wouldn't go near has to be the Hasidic sex scandal. Another topic would be the malicious prosecution of John Kennedy O'Hara. Yet another would be the machinations that cost the dearly departed "Kung-Fu" Judge John Phillips all of his Brooklyn properties and, eventually, his life.
Instead, we would be presented with a sanitized version of his "wins".
Here's the issue - these shouldn't be seen as "wins". I thought it was the job of the Brooklyn D.A. to do the business of Brooklyn residents.
Don't be fooled - "Brooklyn D.A." is an attempt to game the system.
For example, here's a description of one of the "stars" of the show:
Michael Vecchione: Rackets Bureau chief in the Brooklyn district attorney’s office is best known for his pursuit of the “Mafia cops” case against crooked NYPD Detectives Louis Eppolito and Stephen Caracappa. Hard-charging Vecchione has successfully prosecuted pols and judges alike, including Clarence Norman, former head of the Brooklyn Democratic Party. He put a camera in Brooklyn Supreme Court Judge Gerald Garson’s chambers and caught the judge accepting bribes.
Somehow, I don't think the $150 million lawsuit pending againt Vecchione will get a mention on the show.
Related to all of this is a piece in the New York Post:

‘Wrong-man’ cop spurs DA overload

  • Last Updated: 5:15 AM, May 14, 2013
  • Posted: 12:55 AM, May 14, 2013
   
Gregory P. Mango
David Ranta served 23 years in jail for crime he didn't commit.
A team of Brooklyn prosecutors will examine the work of a decorated retired NYPD detective whose case against an alleged rabbi-killer unraveled in March, sources said yesterday.
The team will assist the two-person Brooklyn district attorney’s Conviction Integrity Unit — headed by John O’Mara — to review as many as 50 cases in which former Detective Louis Scarcella was the lead investigator.
“There’s no way O’Mara can look into 50 cases, so they’re going to farm them out to other ADAs,” a source with knowledge of the review told The Post.
   
AP
Detective Louis Scarcella's wrong-man case prompts review.
The unit’s investigation of the 1990 trial of David Ranta led to his conviction for killing a Brooklyn rabbi being overturned after he spent 23 years behind bars.
DA Charles Hynes’ office has said it will now look into every murder case that resulted in a conviction after trial in which the once-heralded Scarcella, 61, headed the investigation.
“Our primary concern is to see if there are any innocent people in jail,” said Hynes’ spokesman, Jerry Schmetterer.
Among the 50 cases are several unrelated homicides in which the key witness was the same Brooklyn prostitute and crack addict.
Scarcella did not return a call for comment.
"Conviction Integrity Unit" - I wonder who came up with that? Why is it that every time one of these groups are formed, they seem to perform the opposite of their purported function?
You're going to "see if there are any innocent people in jail”?
Might I suggest somewhere to start, since you seem to be overwhelmed?
John Guica. If he isn't included in your cases, you're just blowing smoke up our fannies.
If only these people worked as hard to ensure that innocent people didn't end up behind bars as much as they seem to care about those dubious convictions...but you have to understand this salient point - those people's lives meant ABSOLUTELY NOTHING to them.
Nothing. Not worth a second thought.
However, you should know how hard they fought to KEEP THEM IN JAIL.
Fernando Bermudez had to file nearly a DOZEN TIMES before he could get his case heard.
I don't know how many times Jabbar Collins filed before getting his evidence examined. John Giuca is still waiting, despite the clearest case of juror misconduct I've ever heard. I've seen about every episode of Law & Order, as well as most of the famous movie trials, and I've seen killers, rapists and murderers set free on the merest technicalities; yet, John Giuca sits alone in a cell, separated from his family.
How many others are suffering the same fate?
You know what's crushing the headlines today?
Angelina Jolie's double mastectomy.
I commend Angelina for coming forth and admitting to such a huge decision...but isn't there other news of some import?
Oh...Prince Harry went to New Jersey.
Well, right now, Abe George seems to have interrupted that second movement. Let's see what develops.
This is no Swan Lake.
It's more like a bad minstrel show.