A Brooklyn man remains in jail despite having his 2003 murder conviction overturned on appeal.

John Giuca and his lawyer were back in court Thursday hoping that a judge would allow him to go home, but his case still lies in the Court of Appeals.

The judge allowed prosecutors in Giuca's case to file an appeal to try to get a reversal on the overturned conviction.

Giuca's sentence was vetoed originally after it was determined that he did not receive a fair trial.

His lawyer, Mark Bederow, says he believes that the prosecution suppressed evidence during the hearing so he was hopeful that Giuca would be a free man.

Giuca's mother, Doreen Giuliano, has been defending her son for years after his conviction in the shooting death of a college student in Prospect Park. Giuliano went undercover and befriended a juror, recording evidence that he had known some of the witnesses in the trial. This eventually led to allegations of juror misconduct.

"He should be home--there is no reason why he should still be in prison," Giuliano said.

Giuca's next court date is on Oct. 11.