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- against -
JOHN GIUCA
INDICTMENT NO.
8166/2004
:
DEFENDANT
HEARING
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320 JAY STREET
BROOKLYN, NEW YORK 11201
APRIL 20, 2016
BEFORE:
APPEARANCES:
KENNETH P. THOMPSON, ESQ.
District Attorney, Kings County
BY: KENNETH TAUB, ESQ.
DIANE EISNER, ESQ.
Assistant District Attorneys
MARK BEDEROW, ESQ.
Attorney for Defendant
260 Madison Avenue
New York, New York 10016
ANDREW STENGEL, ESQ.
Attorney for Defendant
11 Broadway
New York, New York 10004
LAUREN K. GANZMAN
SENIOR COURT REPORTER
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THE CLERK:
MR. TAUB:
THE COURT:
MR. BEDEROW:
Good afternoon.
For Mr. Giuca, Mark Bederow,
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Good afternoon.
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THE COURT:
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MR. STENGEL:
Good afternoon.
Andrew Stengel, 11 Broadway,
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Good afternoon.
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THE COURT:
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Good afternoon.
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produced today.
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an order to produce.
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MR. BEDEROW:
to proceed.
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THE COURT:
All right.
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MR. BEDEROW:
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THE COURT:
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MR. BEDEROW:
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Judge, it was my --
You can speak from there or -I'm going to come up there, but as
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THE COURT:
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THE COURT:
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Counsels, approach.
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MR. TAUB:
to us requesting a hearing.
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Lauren
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perjurious.
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Homicide Bureau and I did so, not just for the respect I
well.
made.
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by John Avitto.
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The
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Right.
Yes.
And he
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can't fathom.
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He
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ten that the People know that Ryan resides in Texas and
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was in.
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I know is this:
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that my office had his phone number based upon the work
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Sean Ryan
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Ryan.
I did so.
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been in touch with Sean Ryan and that nothing further was
necessary on my part.
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unwilling to come.
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would not have helped him and that's why he didn't call
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him.
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would have told the Court the same thing that he told the
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I suggest it
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recantations.
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Mr. Bederow.
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reason.
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where John Avitto was conceding that he had made stuff up,
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recant.
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Not once,
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at the scene of the crime was the truth, it's our position
Your Honor,
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Review of the
And it was
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And to that, we
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program.
chances.
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time frame?
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whatsoever.
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She had only met him that day; she had not
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assertion.
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to know.
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possession.
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with Ms. Nicolazzi and the detectives was such that there
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file in that case and found nothing in the file that need
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attorney.
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absolutely not.
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He was asked by me
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or not proven and the two that he maintains are clearly not
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proof.
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THE COURT:
Thank you.
MR. BEDEROW:
law.
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But
It
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what they call benefits or not, the Court said in that case
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Upstate.
entire process.
And during
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June 9, was you better work hard or else you're going away
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shoes because she went from being advocate for the People
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jury get to hear, and once she did that, this conviction is
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tainted.
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said that the only reason this guy cooperated was to clear
his conscience, the words she used, for once in his life to
And
She
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of that.
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he was.
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But in
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ago, in front of the jury, all they hear is that this guy
can argue about that, they can be upset about it, but facts
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And they
It's obvious.
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see it, they don't hear it, they don't speak it, these
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you can't avert your eyes to the fact that what those
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They don't
But
In
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help myself."
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it in the garbage.
She
She
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It doesn't matter.
That's it.
Done.
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make this up, is Avitto, who they just told you is a lying
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met.
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They're wrong.
Such
Nobody's
And the
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guy violated his program on June 9 and called the cops that
night.
Nicolazzi.
June 13, she told Sean Ryan this guy called the cops on
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Anna-Sigga
I guess that
It doesn't make
any sense.
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they just don't want to talk about and it's David Kelly's
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notes.
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witness, took notes three days after Ms. Nicolazzi met with
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Avitto and he was released after she told Judge Parker that
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Office, had info on a murder case and was not remanded and
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Anne Swern and the director of EAC were talking about this
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recently.
There's one
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evil, hear no evil about the EAC records, that's not going
She said he
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violation.
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get into.
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It's a
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and he even said exactly what they ignore, it's for the
not true.
Sam Gregory said and said, we have nothing, it's not true,
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And
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that what happened from June 9 for the next couple of weeks
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fix a time.
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believe, why wouldn't she say, when you first called the
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into issue herself, yet never asked and fixed in where his
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She argued on
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June 13 and what Avitto does and what she allows to happen
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because I'm the D.A., just like every 500 other ones.
get him to cooperate and told the judge that he was trying
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As
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Giglio is.
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brief.
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thing.
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given.
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arm, they knew all this and they argued in their papers
June 10, Avitto called Sean Ryan, who told him to come back
accurate.
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office.
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Nicolazzi's
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Their position is
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untenable.
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responsible.
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you told the judge the jury had no right to know that,
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She claimed
She emphasized
actually hid the evidence from the defense, misled the jury
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so he didn't speculate.
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Taylor.
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here.
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Same
When
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people, and the Court said that the prosecutor violated her
The prosecutor
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possible benefits.
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issue.
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prejudiced.
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So
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on these briefly.
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went to court.
She
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Ryan regularly.
before he testified.
Swern and David Kelly, who's the mental health guy, and
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before she met him, you got to get a waiver from this guy.
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Any reasonable
But she
So that's a
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they are the best proof of her reckless summation and how
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the jury.
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false, obviously.
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who was violating his program all the time, was getting
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is false.
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recklessness.
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fair.
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It wasn't
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went with him one time and told the judge; I know he's
court dates."
That is disgraceful.
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into is materiality.
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matter?
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She told us at the hearing that she believed him, yet when
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Again,
There's got to be
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was there, but what we did hear was that Lauren Calciano
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witness.
out.
pressured to cooperate.
And as the case went on, look how these two came
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That's obvious.
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their witnesses.
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when they went into summation, she tied her anchor to that
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guy and rode him the whole way home, saying Avitto is the
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witness.
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opening, when Albert Cleary got the full story, now, two
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shut:
The
The
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fact of all the vouching for his credibility and all the
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other evidence that they hid about him from the jury and
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with Avitto is off the charts and she said Avitto was the
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Are
The
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there's a problem with one, so you flush him down and say,
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well, who cares, there are three other witnesses who saw
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The problem they have here is the three witnesses are all
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to conclude otherwise.
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Some of
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disclosed nothing.
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in a misleading way.
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learn about their witness and they told the jury there was
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anything.
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over again and the bottom line is that this verdict has
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They
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And if they
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Thank you.
clapping)
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But
THE COURT:
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Counsels, approach.
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THE COURT:
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present.
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as I do so.
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Thank you.
*
I'll
June 9.
*
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LAUREN K. GANZMAN
SENIOR COURT REPORTER
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