Law Office of Mark A. Bederow, P.C.

03/30/2022

https://www.law.com/newyorklawjournal/2022/03/30/a-perverse-decision/ in today's New York Law Journal, Professor Bennett Gershman, a leading authority on legal ethics--who literally wrote the book on proseuctorial misconduct--explains the depth of Anna-Sigga Nicolazzi's misconduct and how Justice Danny Chun's recent denial of our decision to vacate John Giuca 's murder conviction was flat out wrong in several ways. Our application for leave to appeal is currently pending in the Second Department.

Once again, John Giuca’s struggle to prove that his 2005 murder conviction was tainted by a Brooklyn prosecutor’s extensive misconduct has been thwarted.

01/07/2022

https://www.foxnews.com/us/former-prosecutors-call-manhattan-das-soft-crime-policies-definition-insanity?cmpid=fb_fnc&fbclid=IwAR0bvAIB2Un2NcC5OSOHfzIehr_5WpO1v-1trzz2Pz42kVIyk01wLnd82vQ

Former prosecutors turned defense attorneys called the new Manhattan district attorney’s soft-on-crime policies the 'definition of insanity’ and ‘shocking.’

11/22/2021

https://nypost.com/2021/11/21/charges-dropped-2-years-after-cop-called-suspect-total-stripper/?utm_campaign=ipad_nyp&utm_source=pasteboard_app. After 2 long (and unnecessary) years, our client was vindicated in this outrageous prosecution. It took the officer’s admissions that he repeatedly lied, testified falsely, falsified arrest paperwork and sent a series of texts in which he demeaned the client and stated that he arrested her because he hated her and she “pissed him off” before the Manhattan DA finally dismissed the case in the middle of the officer’s cross-examination.

Manhattan prosecutors have finally decided to drop charges against a woman allegedly caught driving drunk more than two years ago.

05/10/2021

https://www.insideedition.com/the-john-giuca-case-brooklyn-court-will-reexamine-murder-charge-in-2003-killing-of-college-football An overview of the issues at the John Giuca hearing and a brief recap of day 1.

Mark Fisher, a star football player at Fairfield University, was fatally shot in a quiet Brooklyn neighborhood in 2003. Two men were convicted in his killing. One of them is fighting to prove his innocence. Will he get a chance to prove it?

02/16/2021

https://queenseagle.com/all/ex-cop-busted-for-gun-possession-appeals-to-queens-da-for-conviction-reversal Please see the following regarding an egregious case I am handling on appeal. There is overwhelming evidence (surveillance video) that the Queens DA's Office deliberately the patently false testimony of the officer rather than correct it.

The gun was obtained during an illegal search and seizure, his attorney says.

01/09/2021

https://indypendent.org/2021/01/another-anna-sigga-niccolazzi-prosecution-begins-to-unravel/. Here is the latest on our efforts to induce the wrongful convictions of Jermaine Cox and John Giuca. This former prosecutor will be compelled to testify about her conduct at a hearing in Giuca’s case later this year and we are in the process of having an appellate court order a hearing in Cox’s case as well.

The glamorous Brooklyn prosecutor-turned-reality TV star is accused of concealed evidence in a second case.

11/09/2020

https://www.nydailynews.com/new-york/nyc-crime/ny-eric-wildon-rodriguez-murder-brooklyn-1990s-district-attorney-paid-20201109-y4mjsmfqtbe4xplytqnzhlcz4e-story.html Another stain on the Hynes DA's Office and the current office. Undisclosed Giglio material by the current chief of homicide in the form of checks written by Vecchione. Indefensible, yet defended by the DA's Office.

Brooklyn prosecutors paid and housed a drug-addicted witness in the 1990s as she helped put two men away for murder in separate cases — but her relationship with prosecutors was kept under wraps for decades while the men languished in prison, the men and their lawyer claim.

08/18/2020

Important update in the John Giuca wrongful conviction case

Brooklyn Judge Danny Chun — who rejected a 2015 motion by convicted killer John Giuca to have his case tossed — ruled that a recently uncovered 2005 tape in which one witness seemingly exculpates Giuca necessitated a new hearing.

07/01/2020

Can anyone--prosecutor, former prosecutor, Investigation Discovery producer, ANYONE--explain how the host of True Conviction, who promotes her "perfect" record could have called an eyewitness to a murder to testify, purposefully avoid asking him to identify the defendant Jermaine Cox (because she knew he couldn't), but have him provide a detailed description of the defendant WITHOUT knowing that the witness viewed a photo array shortly after the murder and failed to identify the defendant? Does anyone believe that during preparation for the witness' testimony, the ADA would know that he couldn't identify the defendant in court but remained ignorant to the fact that he failed to previously identify him? Can anyone explain how the prosecutor twice acknowledged the existence of the photo array under oath, but at trial adamantly denied it existed when the truth started trickling out about this exculpatory evidence? Shouldn't a prosecutor hosting a show titled "True Conviction" be compelled to publicly explain all of this under oath? Shouldn't the producers of a show that literally cites veracity in its title do a real investigation on whether the host of that show has "false" convictions supporting her "perfect" record? Shouldn't the Brooklyn District Attorney, who promotes fairness in his "Justice 2020" initiative be outraged by this conduct as well as the same prosecutor's conduct in the John Giuca case, which led a judge of the NY Court of Appeals to criticize the prosecutor's "particularly egregious" misconduct?

Anna-Sigga Nicolazzi never lost a homicide case. But evidence is mounting that the star prosecutor won some of her cases by concealing evidence and other unethical practices.

06/25/2020

In Jermaine Cox’s murder trial, identification was the key issue. In 2004, under penalty of perjury, Anna-Sigga Nicolazzi stated that she possessed and disclosed evidence related to a photo array (in which it turns out, the witness did not identify Cox less than 24 hours after the murder). A year later, Nicolazzi repeatedly and emphatically denied to the court and defense that any such evidence existed. So which is it? This and other exculpatory identification evidence only came to light years after the trial. Deliberate misconduct? An incomprehensible level of incompetence and ignorance of her own case? Hopefully she will be forced to testify about these issues and her other misconduct later this year.

06/24/2020

Jermaine Cox's motion to vacate his conviction has been calendared for July 7. A decision on John Giuca's motion is calendared for July 16. Both motions allege substantial Brady violations committed by former Brooklyn ADA and star of Investigation Discovery's True Conviction, who styles herself as the "perfect" homicide prosecutor who has never lost a case. A copy of Cox's motion is attached.

440.10 Motion for Jermaine Cox