Sep 28, 2006 7:27 pm US/Eastern
Sympathy For Gotti? Another Trial Could Cause It
Prosecutors Can Go Again, But Some Think It Will Backfire
NEW YORK (AP) ―
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John A. "Junior" Gotti (File)
AP
For nearly two decades, authorities described John A. "Junior" Gotti as a thug in the mold of his infamous father. After the second-generation Gambino crime family boss earned a third mistrial in as many racketeering trials, some believe the government could make Gotti a sympathetic figure with another prosecution.
"To go back a fourth time just looks bitter and vindictive," said attorney Ron Kuby, who once represented Gotti. "It makes it look like the government is using its resources to pursue a personal vendetta against someone who made them look bad."
There's no legal barrier to prevent federal prosecutors in Manhattan from mounting a fourth case against Gotti, who walked out of the courthouse after Wednesday afternoon's latest mistrial. But it appears his claim of quitting the mob -- whether truthful or tactical -- is reaching jurors.
"The government came up with new evidence, some would say compelling evidence, and the jury still rejected their case," said Randy Mastro, a former deputy mayor who helped drive the mob from the Fulton Fish Market. "The Gotti defense team is doing something right."
The jury was in its seventh day of deliberations when it sent a note to U.S. District Judge Shira Scheindlin, its second in as many days, saying it was hopelessly deadlocked. Gotti and his supporters celebrated like it was an acquittal, with Junior, 42, saying this trial should be his last.
"It's enough now," said Gotti, who returned to his Oyster Bay Cove estate after the mistrial. "They got to let go."
The key in all three cases was the statue of limitations for racketeering. Gotti's lawyers argued that he had quit the mob more than five years before his 2004 indictment. And they only had to convince one juror of their claim.
A disappointed U.S. Attorney Michael J. Garcia had yet to announce his plans Thursday for any future Gotti prosecution. In last September's first case against Gotti, a holdout juror saved him from a 30-year prison stretch.
A March jury couldn't resolve the charges, although the majority in that case voted for acquittal. The third trial ended with the jury split 8-4 in favor of conviction, numbers that may not add up to a fourth trial.
"In determining whether to retry, 8-4 is not that great a spread for the government," said Mastro. "The government has to get 12-0."
The repeated mantra of Gotti's supporters, that he is targeted simply because of his lineage, hasn't hurt his chances in court. His father, John Gotti, died behind bars in 2002 while serving a life term for murder and racketeering.
"That was the spin outside the courtroom: Enough is enough, his father is dead, let the son go on with his life," Mastro said. "It's been a remarkably effective strategy for the defense in this case."
Marc Mukasey, a former federal drug prosecutor now in private practice, said a fourth trial for Gotti was a longshot at best.
"Trying the case for a second time is like putting on a wet bathing suit," he said. "Trying the same case for a fourth time is almost unthinkable."
(© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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