Gotti's Lawyer: Fuhgeddaboudit!

Friends of ours: Junior Gotti

Fuhgeddaboudit! John "Junior" Gotti's confident lawyer hopes his client will whack any plea bargains that desperate prosecutors now put on the table in the wake of his second stunning mistrial on racketeering charges. Spurred on by the 8-4 hung jury that was in favor of Junior on Friday, lawyer Charles Carnesie said yesterday that he'd advise Gotti to prepare his Teflon armor for a third trial - and ignore any plea deals. "It's a personal decision, something that he has to decide, but personally I'd be disappointed [if he took a deal]," Carnesie said.

Gotti was on the verge of pleading guilty last year to charges of racketeering and ordering the kidnapping of radio host Curtis Sliwa. But the deal, which would have had him serve seven years of a 10-year sentence, was rejected at the last minute. Gotti had said a major concern was protecting himself with immunity from future prosecutions.

It is possible that the chance to start his life afresh could now be offered if he is willing to admit to all of his crimes. But the attorney who negotiated that last plea deal agrees with Carnesie - and says Gotti should hold out for a hung-jury hat trick, which would be "as good as an acquittal." "If I was in the government's position, I'd go on my hands and knees, begging for a plea agreement," said his former lawyer, Jeffery Lichtman. "At some point, the government is going to have to let go of its Moby Dick."

Gotti, who is out on $7 million bail, left the Long Island mansion where he is under house arrest for about two hours yesterday. Dressed in black and wearing a baseball cap, he left home carrying a mysterious black bowling bag and lost tailing reporters in a black Infiniti sedan. While Gotti did not reveal his destination, under the terms of his house arrest, he can only visit his lawyer and church. He returned home by afternoon to play soccer with two of his sons.

Jury foreman Greg Rosenblum revealed that eight jurors bought Gotti's defense that he has not been involved in the mob since 1999, which would mean that the five-year statute of limitations on racketeering charges has expired. Those same eight, Rosenblum said, had enough reasonable doubt to clear Gotti of charges that he ordered two hoods to kidnap and beat Sliwa with baseball bats in 1992 after the radio talk show host's constant criticism of his father. The thugs ended up shooting Sliwa in the back of a cab.

Sliwa, still smarting from yet another mistrial, said yesterday that he was adamantly against any plea bargaining. "I've never been in favor of plea bargaining with the head of the Gambino crime family," he said. "Let's take a roll before the jury."

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Mob Hit: The Boss of Comedy?

It's hard to find anyone who will make a serious argument that "The Sopranos" is not great television. Sure, some squirm at the language and violence, but critics have plumbed the depths of their vocabularies for superlatives to describe the show since it debuted on HBO in 1999.

After a hiatus of almost two years, a new season begins Sunday; then, in 20 episodes, it will be over. What is it about this show that caused so many to call it a work of genius?

Most important is its choice of subject matter. The mob story, it might be argued, replaced the Western as the great American epic in the last third of the 20th century. As the counterculture was shredding the myth of the West into a million little pieces with movies such as "Butch Cassidy and the Sundance Kid," "The Wild Bunch" and even "Midnight Cowboy," the first two "Godfather" movies were winning Best Picture Oscars. Those films retold the American epic on the urban frontier. "Goodfellas" solidified the idea that "Mafia + Movie = Art."

The opening credits of "The Sopranos" seem ever so conscious of this fact. In 90 seconds, the story of the American dream is retold in a way that would warm the heart of any American studies professor.

It's a simple tale, really -- Tony Soprano driving from Manhattan to his home in suburban New Jersey -- but it's humming with symbols of the great immigration stories of upward mobility. The Statue of Liberty can be seen out the window of Tony's car as he moves down the turnpike through the toxic wastelands of urban industrialism to the old neighborhood, its streets lined with restaurants and small businesses.

As the trip continues, the houses get bigger, as do the spaces between each one, until he reaches his destination: a little estate with a swimming pool in a quiet wooded enclave. It's a trip many Americans have made, although it may have taken them a generation or two to do so, and one that many more Americans dream of making. Pretty deep for TV credits, don't you think?

The real stroke of genius in "The Sopranos," however, was that it took the idea of the artsy mob epic and turned it into farce. "The Sopranos" is a sitcom trapped in the body of a dramatic masterpiece. Many scenes in the show could work just fine with a laugh track.

"Family" is a major theme in most mob stories. Usually, as in "The Godfather" movies, family is presented with great gravitas and high tragedy, in the Shakespearean tradition. This is not the case in "The Sopranos." If the family in "The Godfather" resembles the feuding Plantagenets in Shakespeare's "Henry VI" plays, the family in "The Sopranos" resembles the Bundys in "Married . . . With Children."

In a clever sleight of hand, "The Sopranos" merged the epic mob story with the dysfunctional family sitcom. The clash of these two genres has provided some of the most irresistible moments in the show. While Tony is fretting over the imminent collapse of his criminal empire, for example, his wife is stressing over her need to get to the Sports Authority before it closes to buy gym socks. On another occasion, Tony whacks somebody while taking his daughter on a tour of college campuses.

As bizarre as the combination of sitcom and Mafia may seem on paper, it works -- brilliantly. Hiding in the Trojan horse of adrenaline-laced scenes of extreme violence and graphic sexuality, "The Sopranos" is one of the most insightful TV shows ever made about a multi-generational American family.

Tony's problem, however, is that he doesn't want to be in a comedy; he wants to be in "The Godfather." Tony is a mobster in a world where mobster movies win Academy Awards, but he believes that somehow he has missed the golden age described in those movies.

The nervous breakdown that sends Tony to the psychiatrist in the series's first episode was caused by just this anxiety. In his first confession to Dr. Melfi, he reports: "It's good to be in something from the ground floor. I came too late for that, I know. But lately, I'm getting the feeling that I came in at the end. The best is over."

Poor Tony has self-esteem issues.

"You tell people I'm nothin' compared to the people that used to run things," Tony shouts as he viciously beats a victim in one of many violent acts we've seen him perform over the years.

Tony's problem is simple. He wants people to think he's the Godfather, but deep down he's afraid they see him as Homer Simpson. In overcompensating for these feelings of inferiority, Tony has done many very bad things in the past five seasons -- and if he's not careful, it's going to get him killed in the sixth.

Thanks to Robert J. Thompson

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Gotti Mob Magic Does It Again with Hung Jury.

Friends of ours: Junior Gotti

Call him the Teflon Scion. John "Junior" Gotti, son of the Teflon Don, slipped clear of the feds' determined grasp yet again yesterday with his second mistrial in eight
months after prosecutors apparently failed to convince two-thirds of the jury that he was guilty of racketeering.

After less than 10 hours of deliberation, the jury foreman wrote a note to Manhattan federal Judge Shira Scheindlin: "We are completely DEADLOCKED. More time will not change the views in this room."

The foreman, Greg Rosenblum, later revealed that eight jurors believed Gotti's claim that he had quit the mob before July 22, 1999 - meaning the five-year statute of limitations would have expired on racketeering charges that the feds brought in 2004. Rosenblum told WNBC/Channel 4 those same eight jurors also had enough doubt in their mind to clear Junior on charges he ordered the kidnapping of radio host Curtis Sliwa.

"How many people on that jury felt that he had given up the mob life? Eight. And the other four felt . . . that he was still involved in some way," Rosenblum said. The foreman accused the four holdouts of finding Gotti guilty before giving him a chance to prove his innocence - and said that nothing the defense did was going to change their minds. "I was hoping that everyone could have at least kept an open mind, but it seemed like certain individuals on the jury had him guilty beforehand," Rosenblum said. "There was no evidence that we could directly see that linked him to anything since 1999 that would implicate him in any sort of extortion or loan-sharking schemes."

On Sliwa's kidnapping, Rosenblum said, "The eight that felt that he had withdrawn [from the mob] also felt that there was enough evidence pointing, enough doubt, enough reasonable doubt, that he had nothing to do with it whatsoever."

As the judge excused the panel, a relieved Gotti hugged his lawyer, Charles Carnesi, while another member of his defense team called Junior's wife, Kim. "He's coming home again - it was a good result," lawyer Seth Ginsberg told her. But Kim Gotti already knew, because minutes earlier a Post photographer had told her the verdict as she raked leaves on the front lawn of her Oyster Bay Cove, L.I., mansion.

"No way!" she exclaimed, dropping the rake and running inside the house. But her husband's trials are not over. The prosecution team immediately asked the judge for a speedy retrial date. "We gotta do it one more time," said Junior, who is free, under house arrest, on $7 million bail. "I'm going to sleep in my own bed tonight . . . It's better than sleeping in the MCC [Metropolitan Correctional Center]. "I'm happy," he added as hugged his mother, Victoria. "I'm financially ruined, but what are you gonna do?"

His mother, Victoria, who heard testimony about her Dapper Don Juan hubby's love affairs and allegedly illegitimate children during the trial, was not happy. "I'm just very disgusted at this point . . . They're trying to railroad my son," she snarled. Her namesake daughter, Victoria, chimed in: "We wanted an acquittal. I just think they're going to keep on trying. The fact that they're not winning is great."

As he hopped into a car to head home, Gotti told a crush of reporters, "I'm going to see my children." On the prospect of another retrial, he said: "I'm worried. I'm
concerned always. I've got five children home. I want to raise my children."

If convicted, Gotti, 42, faced up to 30 years in prison for kidnapping and extortion. He is accused of a long-running racketeering conspiracy - including sending two mob hoods to kidnap and beat up Sliwa in 1992. Defense attorneys admitted young Gotti had been active in organized crime, but insisted he had withdrawn in early 1999.

Sliwa, the founder of the Guardian Angels, had testified about the shooting attack at the retrial - as he did at the first trial. But this time around, his WABC radio talk-show partner, civil-rights lawyer Ron Kuby, took the stand as a defense witness and, in bombshell testimony, supported Gotti's claim that he had quit the Gambino crime family. He testified that Gotti told him in 1998 that "he was sick of this life . . . He wanted to rejoin his family and be done with this."

Sliwa, who rushed to the federal courthouse when he learned about the hung jury, blasted Kuby for betraying him and said he wouldn't be surprised if his former pal was at Gotti's home "toasting his friend."

In seeking a speedy retrial, prosecutor Michael McGovern lobbied for an April 17 start, but the defense pushed for a later date. "The lawyers on this team haven't been paid for this trial, now we're talking about another trial," said defense lawyer Debra Karlstein. The judge ordered lawyers for both sides to return to court on Monday to set a retrial date.

Gotti's pregnant wife rushed out onto their front lawn with the family dog and three of her kids when he pulled up shortly before 5 p.m. "I feel great, these are my three sons," Junior Gotti said, posing with them briefly before disappearing inside. Asked what his wife had prepared for dinner, he said, "Whatever she makes - any free meal is a good meal."

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Sliwa Bashes Kuby

Friends of ours: Junior Gotti

An enraged Curtis Sliwa yesterday lashed out at his radio talk-show partner Ron Kuby for helping John "Junior" Gotti - the man the Guardian Angel founder believes had him kidnapped and nearly killed - get another hung jury. "I don't know if I'm going to be able to go into that studio on Monday without wanting to literally do harm to this guy," Sliwa said of his WABC co-host after Gotti's retrial on racketeering charges was declared a mistrial.

Sliwa, wearing his trademark red Guardian Angels cap and satin jacket, blamed civil-rights lawyer Kuby for convincing at least some jurors that Gotti couldn't be convicted of racketeering, due to the statute of limitations, because he had quit organized crime more than five years before he was indicted.

"My very dear friend, who is a friend no more, didn't even give me a heads-up he would be testifying for my enemy," he said, adding, "It hurt me even more than the three hollow-point bullets and the baseball attack in 1992." Sliwa called Kuby's testimony Gotti's "ace in the hole" and said, "I wouldn't doubt that he's probably at [Gotti's home in] Oyster Bay . . . literally
toasting his friend."

Sliwa said he can't fault the jurors for being unable to agree on whether - or when - Gotti quit the mob. "If I were a juror and saw Ron Kuby willingly coming in and testifying for the guy who ordered the death of his friend and co-worker, I would have my doubts also," he said.

Kuby said he understands Sliwa's distress, but insisted he's not to blame for the hung jury. "He thinks that the Gottis ordered him shot, and I understand Curtis is upset about the statute-of-limitations problem, but that's not my doing," he said. He pointed out that after the first trial, Sliwa "lashed out at the jury, claiming that they had been reached by the Gottis. "This time he lashes out at me," Kuby said. "It's not about him. It's not about me. It's about the strength or weakness of the government's case."

Kuby stressed that "the jury hung the first time, when I had no involvement in the case." He added that Gotti's claim that he was quitting the mob is something he's heard from "every defendant that I have ever had" who pleads guilty, which is what Gotti was doing when he allegedly told Kuby in 1998 that he wanted out of "the life."

"They say they're sick of this life or they want to go home, they're tired of this . . . Whether they ultimately gave up their life of crime or not is something of which I have no knowledge." Kuby also insisted, "I'm not good friends with John Gotti Jr. I'm not even friends with him."

Of his next broadcast with Sliwa, he said, "On Monday, we go in and continue to try to do good radio."

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