Gotti Jury is Hung, Judge Declares Mistrial

Friends of ours: John "Junior" Gotti, Gambino Crime Family

Jurors said they could not agree on verdicts against 41-year-old John A "Junior" Gotti, son of the late head of the powerful Gambino crime family.

Gotti, who has stayed in prison since serving out a sentence for extortion, hugged his lawyers after the decision. The jury did agree on one count - acquitting Gotti of conspiracy to commit securities fraud.

US District Judge Shira Scheindlin said she is likely to agree to a request to allow bail for Gotti. "It's my view that the time has come," Ms Scheindlin said in the courtroom. Gotti has already served a five-year sentence on other racketeering charges.

The new charges were brought against him last year before he was due to be released.
One of those who testified against Gotti was Curtis Sliwa, a former radio host and founder of the anti-crime citizens group, the Guardian Angels.

Mr Sliwa says that Gotti ordered him to be attacked in retaliation for comments made about his father on the radio programme. "It's a hung jury, it's a mistrial, it's round two for me, it doesn't mean John 'Junior' Gotti is innocent," Mr Sliwa said. Prosecutors have said they will seek a retrial.

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Pay for "Mafia Judge" David Gross, Charged as Genovese Crime Family Mob Money Launderer

New York state's top court yesterday ruled that an alleged mob-connected Long Island judge can receive his $122,700 annual judicial salary until the case is resolved. The Court of Appeals yesterday formally suspended Nassau County District Court Judge David Gross, who is accused of moonlighting as a mob money launderer.

"The statute creates a presumption in favor of suspension with pay, corresponding to the presumption of innocence that is basic to our justice system," the court found in its unanimous two-page ruling. The judges explained that the court's usual practice is to suspend a judge with pay "unless the charged misconduct is directly connected with the performance of the judicial office." The court held open the possibility of revisiting the issue if such a link is later established.

Gross, a father of two with a wife who does not have a job, had asked the court through his lawyer not to cut off his pay because it is his family's only income. "Judges aren't permitted to pursue employment outside of their responsibilities as judges," the lawyer, John Carman, wrote the Court of Appeals.

Gross, a Democrat still running for re-election, was arrested on Aug. 30 by federal agents, who also busted several reputed Genovese crime family members with nicknames like "Joe Box," "Beaver" and "Mousey," according to court papers. An undercover agent allegedly was introduced to Gross, who offered to fence diamonds in an illegal scheme, authorities charge.

The agent allegedly caught Gross on tape demanding a $500 fee for his services. Gross also was reputedly recorded bragging to the agent that he knew how to bend campaign finance rules. Gross was released on $500,000 bond and put on administrative leave.

The 71-page affidavit outlining the case against Gross said his name surfaced in the course of an investigation of reputed mob figures and gambling on Long Island. If convicted, Gross could get up to 20 years.

Thanks to Kenneth Lovett.

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Gotti Jury 'Family' Circus

The jury that was so split it couldn't decide the case against John "Junior" Gotti last week was a flawed bunch that included panelists who didn't belong on any criminal case let alone one starring the son of a notorious godfather, experts say.

Juror No. 2, a man in his 30s on disability for depression, took a drug that "gets me drowsy" and occasionally appeared to doze during the trial. Juror No. 11, a 67-year-old retired actress who once played Woody Allen's wife on stage, said she was brutally mugged in Manhattan, fought off a friend's attacker with a tap shoe and worked in a mob-run Las Vegas casino where a man was shot in the barber's chair.

"I was frightened," she said. During the trial, when the sound system made a cracking noise that sounded like gunshots, she jumped in alarm. Juror No. 5, a man in his 50s who works for a costume-wig company, admitted in pretrial questioning that he'd fibbed on the jury questionnaire by naming Al Capone as the person he least admired, in an "inept attempt to get disqualified."

Gotti's lawyer, Jeffrey Lichtman, had opposed the selection of a nurse who left nine questions blank on her questionnaire, saying the omissions showed a "lack of effort, lack of interest" and "incompetence." But Manhattan federal Judge Shira Scheindlin refused to dismiss the woman after prompting her to name three famous people she most admired: Sen. Hillary Rodham Clinton, Sidney Poitier and Whoopi Goldberg.

Lichtman called the outcome "surprising," saying it seemed impossible to get a jury not biased against or fearful of his client's notorious name. He recalled one potential juror, eventually eliminated, who began sobbing in the courtroom. "I'm afraid I'm going to get axed," the woman whimpered. (She meant whacked.)

Jury consultant Robert Hirschhorn, who aided the defense in the Danny Pelosi murder trial, was incredulous at some of the jurors selected for a case involving charges that the son of the late Gambino big John "Dapper Don" Gotti used violence or threats to extort and abducted Guardian Angel and radio host Curtis Sliwa, who was shot several times.

Last week, the jury acquitted Gotti, 41, of securities fraud and deadlocked 10-2 and 7-5 for conviction on the kidnapping charges. In an 11-1 split, a lone holdout blocked a Gotti guilty verdict on extortion and racketeering counts.

Hirschhorn called it "a miracle" that the jury didn't convict Gotti of anything and pointed out that some panelists had admitted biases. The retired actress, who suffers from osteoarthritis, told the judge before her selection that she assumed Junior had followed in his late father's footsteps.

"I thought it was part of the family tree. If your father is a doctor, you should be a doctor. Perhaps that is what he [Gotti] is doing. It's part of the business, isn't it?" she said. She also said that she suffered a concussion and that her teeth were knocked out by a mugger who escaped. "It was very bad," she told the judge, who got the woman to vow she could still be fair on the case. But Hirschhorn asked, "Do you want somebody on the jury who has been through such a terrifying experience?" He called the medicated juror "impaired" and said it seemed the costume-wig employee who hoped to return to work by Halloween lied because "he didn't want to serve. All he wanted to do was get out of there."

Scheindlin set a hearing tomorrow to decide whether to release Gotti on bail pending a possible retrial.

Thanks to Susan Edelman

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Mafia Retirement Package Includes Funeral, Dat's About It

No pension, no medical benefits, no prescription plan. When you're a mob boss, retirement is more bronze casket than golden parachute.

Since the 1930s ascension of the Mafia, its leaders have departed "The Life" almost exclusively through their deaths. Albert Anastasia, Carmine Galante and "Big Paul" Castellano were brutally (and memorably) assassinated; Vito Genovese, John Gotti and "Fat Tony" Salerno died in prison.

A third, more palatable option emerged in recent years: The Witness Protection Program, for those who found relocation to Arizona preferable to interment in Queens. But an actual mob retirement, renouncing all illegal ties and income for a shot at the straight life, is a trick rarely turned. So it's no surprise that law enforcement officials remained skeptical about John A. "Junior" Gotti's claim that he did what his father, uncles and brother-in-law could not: quit the Gambino crime family.

Defense attorneys, arguing the younger Gotti had left organized crime in the late 1990s, managed to win a hung jury in the recent racketeering case against the mob scion. The mistrial indicated at least one juror was convinced that Gotti had gone legit.

Others are not as easily swayed. "You never leave the mob," said Bruce Mouw, former head of the FBI's Gambino squad. "Sometimes you're wishing you'd never gotten into it, when there's a contract on your life or you're going to jail. But you never leave."

Federal prosecutors agree; they were already considering a retrial for Gotti. Talk radio show host Curtis Sliwa, the target of a botched kidnapping attempt allegedly ordered by Gotti, expressed fear that Junior's possible release on bail could again make him a target.

The best known example of volunteer mob retirement was Joe Bonanno, who headed one of New York's original five families. After the bloody "Banana Wars," Bonanno ceded control of his family and bolted New York for Tuscon in 1968. He died peacefully in the Arizona desert three years ago, surrounded by his family, at age 97.

While Bonanno considered himself out of the crime business, authorities disagreed. He wound up serving 14 months in 1985-86 after refusing to testify at "The Commission" trial that earned 100-year jail terms for the heads of the Colombo, Genovese and Lucchese families.

The mob's induction ceremony, with the burning of a saint's picture and a blood oath of silence, makes it clear that leaving the family is a move taken at great risk for even low-level members. Death is the penalty for breaking any of the Mafia code, particularly omerta.

Gotti was 24 when he was became a Gambino family "made man" in a Christmas 1988 ceremony at his dad's Little Italy hideaway, the Ravenite Social Club. But he's distanced himself from the mob life lately.

Gotti, in various prison conversations recorded by authorities, expressed disgust to family and friends about following his father into the mob. In October 2003, Gotti said his association with the Gambinos had ended six years earlier. "Believe me, I like it better that way," he said. "I sleep better ... I just want to do my time, go home and go fishing."

He may go home on bail as early as Monday. But Gotti is likely to remain a target for catch of the day by law enforcers who reject his purported mob repudiation.

Veteran defense attorney Ed Hayes, a Court TV commentator, said Gotti's defense combined "good strategy and a good lawyer." But does that mean Gotti is no longer a top-echelon member of the Gambino family?

"Absolutely not," said Mouw. "The only way of leaving is by the slab. You're in the mob for life."

Or death.

Thanks to Larry McShane

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