Mistrial #4 Declared for John Gotti, Jr

A mistrial has been declared for the fourth time against John Gotti, Jr. The jury did not find the testimony of mob informants credible.

Several were unconvinced by the prosecution case that relied on the increasingly controversial use of mob informants....[S]ome jurors said after the trial ended that they did not find a self-confessed multiple murderer a convincing witness.

AUSA Elie Honig took the loss graciously: [More....]

he held out his hand, a gesture that more than anything signaled his respect for the system. He had lost and he accepted the outcome as determined by the jurors.

"Mr. Gotti, good luck," Honig said. "Good luck with your family."

Background on the excessive proseuctions here . As I wrote last year :

This will be another trial with testimony from thugs turned snitches and another colossal waste of taxpayer money.

Gotti has been released on bail pending the Government's decision whether to try him a fifth time.

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  • Display: Sort:
    Heh (4.00 / 1) (#1)
    by Steve M on Wed Dec 02, 2009 at 11:22:12 AM EST
    "Good luck with your family."  Nice!!!

    Graciously? (none / 0) (#2)
    by kdog on Wed Dec 02, 2009 at 11:25:18 AM EST
    lets see if they go for 5 first...I wouldn't bet against it.

    Charles Carnesi, the defense atty (none / 0) (#3)
    by Peter G on Wed Dec 02, 2009 at 12:16:10 PM EST
    of Garden City, Long Island, NY, who pulled this off, is just a wonderful trial lawyer, and a very nice person, too.  Those two attributes don't always go together.  I have handled two appeals where he did the trial, and thus had the pleasure and privilege of working with him.  IMHO, Charlie is way underappreciated and not as well known as he should be.  Plus, he really knows where to eat Italian food in New York!

    "Plus, he really knows (none / 0) (#17)
    by NYShooter on Wed Dec 02, 2009 at 11:13:18 PM EST
    where to eat Italian food in New York."

    How hard could it be?......when there's really only one place:  Piccolo's in Queens.


    Let's not overstate it... (none / 0) (#4)
    by lawstudent on Wed Dec 02, 2009 at 12:55:43 PM EST
    ...while I think any objective person would agree that a fifth trial (and perhaps, the second, third and fourth, too) would be wasteful, unnecessary, and abusive, I think the jury verdict speaks more to the jurors' fear to convict Gotti than to his guilt or innocence.  

    Are you hoping to become a prosecutor? (none / 0) (#5)
    by Jeralyn on Wed Dec 02, 2009 at 01:02:59 PM EST
    You have no basis for that opinion, it's clearly not what the jury told the news afterwards.

    Just playing devil advocate (none / 0) (#9)
    by nyjets on Wed Dec 02, 2009 at 01:32:37 PM EST
    If the jury was fearful to convict Gotti Jr, would they admit it in public.

    Heh (none / 0) (#14)
    by Steve M on Wed Dec 02, 2009 at 02:03:12 PM EST
    a fearful jury probably wouldn't be eager to appear on camera, for one thing.

    Sure they would (none / 0) (#15)
    by jbindc on Wed Dec 02, 2009 at 02:57:47 PM EST
    Since the jury hung - and Gotti, Jr. profusely thanked them and acted all humble.

    I do have a basis (none / 0) (#18)
    by lawstudent on Thu Dec 03, 2009 at 06:44:35 AM EST
    If you followed the story at jury selection, you'd see there's a basis in this statement.  Several jurors who ultimately were selected expressed this to the judge, but he would not dismiss them.  And as far as juror's statements to the press, I only saw one juror quoted, and it's hard to value what one (camera-happy) guy says as the others remain quiet...

    The basis... (none / 0) (#19)
    by lawstudent on Thu Dec 03, 2009 at 09:27:29 AM EST
    Sure (none / 0) (#6)
    by jbindc on Wed Dec 02, 2009 at 01:05:44 PM EST
    Because the son of one of the most notorious mob bosses, and an ex-con (who "renounced" his life of crime), really isn't a criminal.

    Another Teflon Don, indeed.  Maybe not htis time, but hopefully they can get this clown on something to put him back in prison.  He is dangerous.

    Dangerous to who? (none / 0) (#7)
    by kdog on Wed Dec 02, 2009 at 01:24:51 PM EST
    Even making the big assumptive leap that he is everything the state says he is...who is he a danger to?  If you owe him money maybe he's a danger, but so is the bank when you owe them money...or the IRS.

    I sure as hell don't need any protection from the "danger" that is Jr...maybe the "danger" that is police and prosecutors and law, but not Jr.


    If he is guilty (none / 0) (#8)
    by nyjets on Wed Dec 02, 2009 at 01:30:36 PM EST
    If he is guilty, Gotti Jr is a danger to society. As a society we should be fearfully of people like him. I would be a lot more fearful owing money to a man like Gotti Jr than I would a bank.
    Again, assuming he is guilty.

    I beg to differ... (none / 0) (#12)
    by kdog on Wed Dec 02, 2009 at 01:42:37 PM EST
    I'm more afraid of the bank...you can defend yourself against a loan shark...ya can't beat the real gangsters at the bank or the IRS, they make the black market rackets look fair & square.

    let me know (none / 0) (#10)
    by cpinva on Wed Dec 02, 2009 at 01:35:15 PM EST
    but so is the bank when you owe them money...or the IRS.

    the next time a bank or the IRS threatens you and/or your family, with bodily harm, should you get behind on your payments to them.

    funny thing about the (non-existent) mafia, they tend to take care of their own problems. make no mistake, mr. gotti, jr. has become a problem for them, a liability if you will.

    i suspect there won't be a 5th trial, surely a waste of time and money. i also suspect there won't need to be.

    Bodily harm... (none / 0) (#13)
    by kdog on Wed Dec 02, 2009 at 01:45:22 PM EST
    is it that much worse than foreclosure or asset seizure or wage garnishment...does that not cause harm?

    At least with bodily harm you have a fighting chance...and the mob has no official authority.