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by Pablo Guzmán
NEW YORK (CBS) ― The long process of jury selection for John Gotti's re-trial on charges of ordering the kidnapping and beating of Curtis Sliwa (as payback for Sliwa badmouthing Gotti's father on his radio show) began Tuesday morning.

Seventy-five potential jurors were whittled down from questionnaires which lawyers for both sides were quickly able to agree regarding who, or who would not, be in the potential pool. Those 75 jurors will begin to be questioned in court Wednesday.

In the interim, though, Judge Shira Sheindlin was able to have some sardonic fun with some of the written answers. For example, when Juror #147 wrote in answer to "Have you ever heard of the Mafia/" --- "Are you kidding?" --- Judge Sheindlin noted, "I think we can assume he's being sarcastic." Juror # 147 was excused.

In answer to the question, have you ever heard of John Gotti? Another prospective juror wrote, "He was a snappy dresser." The judge looked up from the questionnaire in young Gotti's general direction, and said, "That could've been the father he was talking about."

By the way, when you see the newspapers refer to the son as "Gotti Junior," or "Junior Gotti," or just "Junior" --- that is as insult that has been repeated so often. Many people actually think he is "John Gotti Junior." Actually, he's not. No one in his family calls him that. And no one in his circle will call him that to his face. His father, John J. Gotti, is actually the "Junior" to his father. This son, John A. Gotti, was sometimes called "Junior" by guys in the mob who didn't like the way the father was pushing his kid to the rank of capo without, they believed, really making his bones --- paying his dues.

FBI agents and NYPD detectives listening in, or talking to their informants, got a kick out of the "Junior" tag. And passed it on as they talked about the son to contacts in the press, where it got repeated, though it's technically incorrect.

The questionnaire asked possible jurors about favorite movies, TV shows, and books. "What's 'C.S.I.'?" asked Judge Sheindlin. Lawyers for both sides suppressed a laugh, and tried to explain.

"Well, it just goes to show, you have to get in touch with the popular culture," the judge said. Then she looked back at the questionnaire. "What's a 'Montel Williams'?"

Reading through a few more, and having to excuse most, Judge Sheindlin noted that even with all the publicity, "Actually, a person could be blissfully ignorant about this case."

Juror #205 wrote the Gotti name is infamous. "Well," the judge said, trying to look on the practical side, "the Gotti name is infamous." As if to say, That doesn't mean this juror is necessarily biased. However, when Juror #183 wrote that he was a lawyer, "in the enforcement division of the SEC," the judge read, "was a former assistant D.A. in New York County; was an Assistant U.S. Attorney on the Organized Crime Task force…" She looked up, anticipating the challenge from the defense, and ready to agree against the government, looked at the Assistant U.S. Attorney in front of her: "I would worry about that."

The government's lawyer, obviously, wanted Juror #183 in the pool: "Well, wait, your honor…" He was reading from the same questionnaire. "'I believe I could fulfill my oath as a juror.'" Making his argument now to the judge, he looked up: "He's precisely aware of what his obligations are."

Head down, Judge Sheindlin continued to read aloud from Juror #183's resume: "…grandfather in the NYPD…brother-in-law an ADA in New York County…" Now she couldn't hold back the laughter, even as the prosecutor tried to beg to keep Mr. Law and Order in the pool: "…brother in the FBI…oh, I don't think so…last book read was Selwyn Raab's book on the Five Families…oh, no, I don't think so."

Judge Shira Sheindlin looked like she was about to cry with laughter.

When it was over, John Gotti extended a hand. "This has taken a toll," he told me, "it definitely has." He was referring to the last eight years with the government, including five in prison on a plea deal his father was furious about that caused a separation between father and son. His mother, who now bitterly second-guesses herself, encouraged him to take the deal because it seemed then that when he got out, he could put "the life" behind him. Instead, a month before he would've been released the government dropped these new charges on him.

Which is why he's gambling with a re-trial. Instead of accepting yet another plea offer.

"I am tired physically and emotionally," he said. Downstairs, as he was walking to a car (he is under house arrest), Gotti said, "I'm beat. I'm beaten. Hey: when you and I started, my hair was a lot darker." He laughed. "And thicker."

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