New York’s strange case of then 13-year-old Joseph J. Giacona III

Posted: December 5, 2008 in Stolen Boy
Tags: , , , , , , , , , , , , ,


 Fourteen-year-old Joseph Giacona.

My friend Brad Lewallen at recently notified me of the strange case of New York’s then 13-year-old sacrificial lamb. Now fourteen, Joseph J. Giacona III has been charged as an adult with the second-degree murder in September of his father.

Prosecutors say Joseph shot his 37-year-old father in the head with a shotgun while the man slept on the couch in their home. Police began investigating the boy’s role in the killing when inconsistencies in his story began surfacing shortly after police arrived. The prosecutor’s decision to prosecute Joseph as an adult was supposedly based on three factors: Joseph’s failure to take responsibility for the killing, the fact the family court’s sentences are too light, and the killing was in cold blood.

The youth, who is presently being held in a juvenile detention facility in New York, has denied killing his father, although he has apparently admitted to placing a shotgun, the alleged murder weapon, in a gun cabinet after finding it on the floor. His case has been adjourned so that Joseph’s attorneys can continue to investigate the circumstances surrounding the murder. And what strange circumstances they are.


Many questions have been raised regarding what actually took place in Joseph’s father’s death. First of all, there have been claims made that the fourteen year old’s father was suicidal at the time of his death

Also, the murder took place during the day, and police say Joseph missed school that day. Yet, verification in writing shows Joseph did in fact attend school the entire day.

Dismissal bells ring at 2:21 p.m. and the bus leaves school at 2:30 p.m. Which leaves Joseph arriving at home between 2:35 p.m. and 2:45 p.m., giving him time to put the garbage can that was left at the curb back where it belonged. Joseph then made his first 911 call at 3:11 p.m. Apparently, Joseph had waited to call 911 because he was not allowed in his father’s bedroom to use the phone and the cell needed to be recharged.


But what’s really strange, and indicative of an overall pattern of shoddy police work, is that no GSR test was performed on Joseph after he picked up the weapon from the floor and put it back into the gun case. No GSR testing was ever done on his father’s hands for possible suicide.

The bullet used in the murder could fit into two different guns, not just the shotgun Joseph put away. And why is it, if Joseph did commit the murder, that all of his clothing, including shoes, came back clean after two different forensics tests ordered by the DA? How does a kid stay clean after committing a brutal murder of his own father? It doesn’t add up.

And what about the fact that two different police officers recorded very different versions of Joseph’s reaction to the murder? One states he was calm and the other states Joseph was visibly shaking and crying. Which one is it?


There was also the fact that Joseph had not been taking his meds for ADHD even though his father was court ordered to provide them to him.

Joseph also recalls that he overheard a police officer at the scene of the crime state out loud that it looked as if someone else had been in the home before Joseph had entered after school.


And then there’s the issue of the father having been at work that day. It has been verified that yes, father did got to work on the day in question, but then asked his supervisor to leave around 11:15 a.m. to go get his son. Apparently the father had received an emergency phone call on his cell from someone stating Joseph needed him. He left work extremely upset.

Who made this phone call to Joseph’s father is still in question. The school has already verified that the call did not come from Joseph otherwise they would have it on their records.


And then there’s the legal tidbits regarding the fact that Joseph had never previously been in trouble in school or with the law before. And why was Joseph not arrested until eight months after his father’s death?

And what about the fact that Joseph’s father’s cousin had committed suicide almost one year to the day of Joseph’s death. The father had apparently made statements to others that they would one day come home one day and find him with his head blown off.

These questions must all be answered before we can even consider shipping this child off to an adult prison for the rest of his life. We’re all behind you, Joseph.

  1. babeinpink says:

    My heart sincerely goes out to him.

  2. James thom says:

    It seems that a lot of these abominations come from small towns with little expertise in death other than natural.
    Joseph is not the first kid to be charged with out the cops doin a through job. Several of them including Tyler were never given a GSR test. To not perform one on the deceased father is malfeasence. They did not perform their job. Be it the ME on the case or the cops, somebody did not perform a job they were sworn to!
    I have done a lot of work at Justice for juveniles. I have seen this time and time again. Lazy cops deciding that they have a suspect that fits the crime an then they go no further.
    I think that Michael Crowe is the best example of that.
    I also would like to know why the police an prosecutors are allowed to tell a kid that it is perfectly all right for them to WAIVE their Miranda rights. They would never dare to do that with an adult suspect.
    Why are the cops so afraid of interrogating a kid with a lawyer present. Could it be because they could not sugest or put something into a kids mind???
    I have been thru this system. I am now 62 yrs old but it remains very clear what they did to me all those years ago. I was never even allowed to call my old man much less a lawyer. Nothing has changed in all these years. In fact its gotten worse.
    It is a shame that a society is so afraid of their own young that they treat them this way! James Thom Justice for juveniles.

  3. bizzy says:

    i dont think joey did it so these cops need to do a better job to find out who did it because the real murderer is still on the streets just think about that

  4. Crystal says:

    i’m very confused and interested in this case… how do you know these things? did you talk to him? i read alot on this case and i very much like trying to figure things out like this and i haven’t quite put it all together. if his dad got a call on the cell how come they don’t check the records? and if it might possibly be a murder why not do the GSR test? if the kid was in school all day was he eventually picked up by his father and didn’t ride the bus? why did he change his story about moving the gun? what is the TOD for the father? maybe that should be the first thing they check. if the kid was still in school and did ride the bus home and it is suspected that someone else was in the house then what is the TOD? this is only a strange case because the right questions haven’t been answered!!!!

  5. Slingblade says:

    “Look at me, Damien! It’s all for you.”

  6. Anna says:

    So he got second degree murder? But any jail time?

  7. Anna says:

    So he got second degree murder? Does Joseph get any jail time? Are they going to have a trial after they figure the whole case out?

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