Transcript for Why John Giuca is still behind bars after conviction was overturned: Part 11
victory. An appeals court has overturned John guica's felony murder conviction. At this very moment, he is presumed innocent. He is not convicted of this crime. But, in a strange quirk of the law, even though the conviction is overturned, he is still charged with the same crime. It's like the clock's been turned back to the day he was arrested. Instead of going home, he is still in jail. They won't give him bail, so he can come home. You were hoping he'd get out on bail. And what happened? Don't you come home when you're presumed innocent? The shocking thing about this story is that prosecutors are still insisting on moving forward. You would think that they would say at this point, "Our case has completely fallen apart, and he's already served 14 years." John guica maintains his innocence, and now the key witnesses against him now say they lied. And yet, prosecutors are not backing down. As they try to rebuild their case against giuca, they go back and reinterview his co-defendant, Anthony Russo, and incredibly, even his story changes. They sent detectives up to the prison to interview Russo. What he said was, "I did it that it was his gun. Russo was clear to detectives that he did it on his own, that he shot and killed mark fisher. It has to make you wonder, maybe Doreen was right all along. Did you have anything to do with the murder of mark fisher? No, I had nothing to do with the murder of mark fisher. And I wish there was some way to just go back in time and show everybody, you know? But prosecutors are still determined to keep John giuca behind bars. In fact, they're doubling down. There was not any argument made by either Mr. Avitto himself or his attorney that there was a deal. Just last month, the da's office appealed the decision to throw out giuca's conviction to the highest court in New York state. The da's office tells us it's awaiting the court's decision. If the court of appeals were to rule in the da's favor, then the conviction would be reinstated and we would be back rolling up our sleeves, finding the proper way to get this vacated. There is another possible outcome. Prosecutors frequently offer plea bargains. Let's say, time served, dangling freedom in exchange for pleading guilty to some portion of the crime. I know that your mom wants you to take a deal. Under what circumstances would you do it? I really don't want to at all, honestly. I want my name cleared. One of the worst parts about this is people thinking that I'm a murderer. And I want that wiped away because it shouldn't be there in the first place. John's gonna come home. He's gonna come home. She just wants me home. She just wants this to finally end. This is wrong. It's springtime in Brooklyn, but if you pay a visit to Doreen, she'll tell you, it's always Christmas at her house. How long was this Christmas tree here? 13 years. So you never took it down? No. He was on his way home to decorate the tree, and he never made it home. And so you've kept this up? Yes. Waiting. Waiting. It's clear that as her son's case continues to grind through the justice system, Doreen's fully aware there's another mom and dad who are suffering as well. Some people might argue that the fishers deserve closure in this as well. Of course they do. Of course they do. And you had empathy for them. Of course. Of course. But in the same respect, I gotta fight for my son's life, you know? I have to fight for my son. What would you say to his parents? I understand all the pain you feel and I'm so, so, so sorry for the pain. I can't imagine the pain of what you're going through, but I'm not responsible. I'm not the one who's
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