Judge Rejects Undercover Mom's Sting

April 2, 2009— -- A judge called a Brooklyn, N.Y., mother's "vigilante" attempt to deceive a juror from her son's murder trial an invasion of the juror's privacy amounting to "extraordinary misconduct."

Doreen Giuliano created a false identity in order to befriend and secretly tape-record Jason Allo, whom she believed should never have been on a jury that convicted her son, John Giuca, of murder. She submitted the tape recordings to the court in the hope that her son might be granted a retrial.

The motion was denied by New York State Supreme Court Judge Alan Marrus Wednesday. In his ruling he wrote that Giuliano "engaged in a long-term, quasi-romantic relationship with the juror during which she repeatedly manipulated their conversations to get him to speak about this case, and surreptitiously recorded some of their conversations. This court holds that the defendant is entitled to no relief from his judgment of conviction."

"I'm disappointed in our justice system," Giuliano told ABC News today. "[The judge] spent 40 percent of the opinion degrading me when in fact he should have reprimanded Jason Allo. ... Wouldn't they want to expose the truth? I'm dumbfounded."

For more than a year, Giuliano lived a lie.

She created a false identity, called herself Dee Quinn, changed her appearance and rented an apartment for more than $1,000 a month. The deception was designed to get close to Jason Allo.

"Every time I went to his neighborhood I would have to wear makeup, have my hair done, wear fake eyelashes," she told "Nightline" last month. "So I'm trying to fix myself up for two hours and then get on the bike, or drive there and hope to have an encounter with him."

Giuliano's plan worked, and soon she was "a very nervous actor" with a fake identity and a fake relationship that lasted for months.

"It was all props," she said. "It was staged."

"I was prepared to do anything within the law," she said, to get information from Allo.

Three years ago, Giuliano's son John Giuca, 25, was convicted -- along with another man -- of murdering 19-year-old college football star Mark Fisher, who'd attended a party at the Giuliano's home two blocks from where his body was found in 2003. Fisher had been repeatedly punched in the face and then shot five times.

Giuca was condemned by the tabloids as the "Grid Kid Slayer" and sentenced to 25 years without parole. The conviction was based on testimony from three men and a prison informan, but lacked any forensic evidence.

"I'm devastated," Giuliano, 46, told "Nightline." "I'm heartbroken. This can't happen in America. We stand for fairness, for justice and it's all a joke. I'm never going to give up. I'm going to get it out there. John is innocent. John did not do this. And he's not going to go to jail for the rest of his life."

After the trial, Giuliano said there were rumors that juror Allo, 32, hadn't been honest with the judge, and that he knew of the defendants, something Allo denies.