Brooklyn man remains in jail despite having murder conviction overturned

Posted: Updated:
BROOKLYN -

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.

  • Brooklyn SlideshowsSlideshowsMore>>

  • Your 2018 Brooklyn Fall Fun Photos

    Your 2018 Brooklyn Fall Fun Photos

    Wednesday, September 5 2018 1:52 PM EDT2018-09-05 17:52:33 GMT
    Whether you're out apple or pumpkin picking, at a farm or corn maze or just hanging around in your home or yard, News 12 Brooklyn want to see your Fall Fun pics!Whether you're out apple or pumpkin picking, at a farm or corn maze or just hanging around in your home or yard, News 12 Brooklyn want to see your Fall Fun pics!
    Whether you're out apple or pumpkin picking, at a farm or corn maze or just hanging around in your home or yard, News 12 Brooklyn want to see your Fall Fun pics!Whether you're out apple or pumpkin picking, at a farm or corn maze or just hanging around in your home or yard, News 12 Brooklyn want to see your Fall Fun pics!

    Is fall your favorite season? Are you and your family doing fun things this fall? Whether you're out apple or pumpkin picking, at a farm or corn maze or just hanging around in your home or yard, News 12 Brooklyn want to see your Fall Fun pics! Send them via Twitter or Instagram with the #BKFallFun and they might end up on air or on News12.com.

    Is fall your favorite season? Are you and your family doing fun things this fall? Whether you're out apple or pumpkin picking, at a farm or corn maze or just hanging around in your home or yard, News 12 Brooklyn want to see your Fall Fun pics! Send them via Twitter or Instagram with the #BKFallFun and they might end up on air or on News12.com.

  • Brooklyn Birthday Smiles

    Brooklyn Birthday Smiles

    It's a celebration! Is your or a loved one's birthday coming up? Let us know! Send us your photos and you could end up on air and News12.com!It's a celebration! Is your or a loved one's birthday coming up? Let us know! Send us your photos and you could end up on air and News12.com!

    It's a celebration! Is your or a loved one's birthday coming up? Let us know! Send us your photos and you could end up on air and News12.com!

    It's a celebration! Is your or a loved one's birthday coming up? Let us know! Send us your photos and you could end up on air and News12.com!

  • Halloween costumes for children in 2018

    Halloween costumes for children in 2018

    Tuesday, October 2 2018 8:40 AM EDT2018-10-02 12:40:46 GMT
    Whether your kids are into "Fortnite," or "The Incredibles," News 12 has the most popular Halloween children's costumes for 2018.Whether your kids are into "Fortnite," or "The Incredibles," News 12 has the most popular Halloween children's costumes for 2018.
    Whether your kids are into "Fortnite," or "The Incredibles," News 12 has the most popular Halloween children's costumes for 2018.Whether your kids are into "Fortnite," or "The Incredibles," News 12 has the most popular Halloween children's costumes for 2018.

    Whether your kids are into "Fortnite," or "The Incredibles," News 12 has the most popular Halloween children's costumes for 2018.

    Whether your kids are into "Fortnite," or "The Incredibles," News 12 has the most popular Halloween children's costumes for 2018.

sorry to interrupt
your first 20 are free
Access to News 12 is free for Optimum, Comcast®, Spectrum Networks® and Service ElectricSM customers.
Please enjoy 20 complimentary views of articles, photos, and videos during the next 30 days.
you have reached your 20 view limit
Access to News 12 is free for Optimum, Comcast®, Spectrum Networks® and Service ElectricSM customers.
Please login or create an account to continue enjoying News12.
Our sign-up page is undergoing maintenance and is not currently available. However, you will be given direct access to news12.com while we complete our upgrade.
When we are back up and running you will be prompted at that time to complete your sign in. Until then, enjoy the local news, weather, traffic and more that's "as local as local news gets."