Brooklyn District Attorney Kenneth P. Thompson on Monday affirmed a conviction in the murder of Fairfield University student Mark Fisher, who was killed after a night of partying in 2003.
On the night of October 11, 2003, Fisher, who was a college football player from New Jersey, visited an Upper East Side bar with a woman, and eventually he stranded in the city and went to Prospect Park South in the city with a new acquaintance. That acquaintance was John Giuca, the convicted person.
Some people left and some joined the party. At around 4:23 a.m., Fisher withdrew $20 from a nearby A.T.M. nearly two hours later, neighbors on Argyle Road heard gun shots. Fisher’s body was found wrapped in a blanket from Giuca’s house
Giuca always maintained his innocence and, his lawyer, Mark Bederow, last year filed a petition with the office of the district attorney, claiming that all three witnesses had retracted from their testimonies. He also claimed that the evidence collected by police in the murder case was false, flimsy and incompatible.
But Mr. Thompson said he would stand by the conviction because the result was based on the evidence presented. In a recent interview, Mr. Thompson said, “This defendant got a fair trial. He may not like the result, but the result was based on the evidence presented. There’s no evidence of actual innocence.”
Fisher’s mother, Nancy Fisher, said she was relieved by the district attorney’s decision, arguing that Giuca was undoubtedly guilty.
Giuca’s conviction is the 21st that the district attorney’s office affirmed since Mr. Thompson broadened a review of doubtful convictions after taking office in 2014.