John ‘Junior' Gotti's fourth trial ends with another hung jury

By Associated Press
Sunday, December 6, 2009

NEW YORK -- A new judge, new charges, new star witness and a new jury added up to a familiar result last week -- a mistrial for John "Junior" Gotti on racketeering charges. This one, though, might be his last.

Prosecutors haven't announced their intentions, but after four trials in five years -- all ending in hung juries -- for the son of John Gotti, the stylish former head of the Gambino family, both sides seem weary of the fight.

On Tuesday, after a deadlocked jury forced an end to the two-month-old trial, jurors hugged members of Gotti's family outside federal court. Prosecutors did not demand he be held under house arrest or announce plans for a retrial. A prosecutor shook his hand and wished him well.

This prosecution seemed to be the government's most serious attempt to permanently incarcerate the 45-year-old man who has admitted he was once part of the Gambino crime family before he quit in the 1990s.

Gotti was accused in this trial of roles in two murders; the most serious allegation against him in earlier cases was the beating of Guardian Angel leader Curtis Sliwa. Jurors deliberated 11 days before reporting that they were evenly split on almost every count.

Ron Kuby, who has represented the elder Gotti in post-conviction issues and testified at Junior Gotti's trial, said that although the first three cases against the accused mob leader were narrowly focused, the fourth charged him with "every conceivable act" and still failed to win a conviction.

"They have a case that they can't win," Kuby said. "If Gotti's going to prison, he's going to have to commit another crime."

Gotti has said he quit organized crime before pleading guilty in 1999 to racketeering charges and agreeing to serve five years in prison.

The smiling father of six walked out of court Tuesday and celebrated with a steak dinner and shopping trip at a Long Island toy store -- the first time in a dozen years he was not in jail or under house arrest.

"We're just soooo thankful to have the family whole and together. Lots of catching up on . . . school, kids and such," Gotti's sister, Victoria, wrote in an e-mail to the Associated Press. Her brother is "a bit overwhelmed," she said, "as coming out of solitary confinement to absolute freedom is a bit overwhelming to say the least."

Federal prosecutors in Tampa brought the latest case in 2008, but it was returned to Manhattan by a judge who said he was left with the "unmistakable and disquieting impression" that the government had shopped for a trial location where it might finally win. The three previous trials had been in Manhattan.

Still, the move enabled the case to be brought before a judge different from one who had seemed to grow increasingly skeptical of the government with each of the first three trials.

The upgraded charges and new star government witness -- childhood friend John Alite -- seemed to embolden prosecutors to think they might regain the momentum of the first Gotti trial in August 2005, when one lone juror stood in the way of convicting Gotti of racketeering and extortion.

Jim Walden, a defense attorney who once prosecuted organized crime cases, said a strong argument remains for a retrial.

"Hung juries, even repeated ones, shouldn't cause prosecutors to shy away from the important duty of vindicating the rights of the people who were hurt," Walden said.

But Kuby said the government erred with its star witness, an admitted mob enforcer who turned against his former friend. Jurors said that Alite was the least credible witness.

Kuby said that if there is a fifth trial, the result will be the same.

"You can't make John Gotti serve the equivalent of life in prison without parole simply by making him spend the rest of his life in a courtroom."

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