Gotti's Previous Trials
John "Junior" Gotti beat the feds in three previous mistrials before yesterday’s dramatic end to his fourth trial. Here’s how the earlier cases went.
First trial:
While still in prison on a racketeering rap, the 40-year-old Gotti was charged with getting two Gambino gunmen to kidnap Curtis Sliwa and shoot him in retaliation for Sliwa’s radio attacks on Gotti’s legendary father.
Star witness — Sliwa, the Guardian Angels founder, testified about being abducted by the hoods in a stolen cab as he went to work at WABC studios. He said after one Gambino soldier shot him three times, he Sliwa managed to climb out a window and survive.
Courtroom Outburst — "I didn’t do it!" Junior shouted when a gunshot-like crack rang out near the jury box, causing one woman to scream.
"I think it was just our computers and our sound system, a mechanical failure," said Manhattan Federal Judge Shira Scheindlin.
Outcome — Scheindlin declared a mistrial on Sept. 20, 2005. Jurors had split 7-5 on convicting Junior of being directly involved in botched kidnapping/shooting and 10-2 on a separate charge of being involved in conspiracy to commit it.
Second trial:
Gotti was tried again, on the Sliwa charge as well on whether he had remained in the mob after the five-year statute of limitations under the racketeering charge.
Star witness — Lawyer Ron Kuby, who was Sliwa’s partner on their WABC show, took the stand to support Gotti’s claim that he had reformed. Kuby said in 1998 Gotti told him "he was sick of this life.¤.¤.He wanted to rejoin his family and be done with this."
Sliwa said Kuby’s testimony "hurt me more than those three hollow-point bullets."
Outcome — On March 10, 2006 after less than 10 hours the jury sent out a note saying, "We are completely DEADLOCKED. More time will not change the views in this room."
Scheindlin said she had "never seen a clearer deadlock" and granted a mistrial.
Third trial:
In Round Three, Gotti’s attorney Charles Carnesi conceded for the first time that "not only was (Junior) involved" in the Gambino crime family but "in 1992 he was the heir apparent. He was the person who his father wanted to take over the family." But he repeated the claims of the second trial that Junior left the business in 1992.
Outburst — "Who the hell do you think you’re talking to?" snapped Junior’s mom, Victoria Gotti, at prosecutor Miriam Rocah, who had allegedly first said to her, "What the hell are you looking at?"
Outcome — After a six-week trial, the jury was declared deadlocked on Sept. 27, 2006. All 12 jurors believed Gotti orchestrated the Sliwa kidnapping Sliwa only eight felt he had not retired from mob within statute of limitations. Jurors also split on two other charges, of witness tampering involving Michael "Mikey Scars" DiLeonardo of construction-industry extortion and related crimes.
Three weeks later US Attorney Michael Garcia said the government decided a fourth trial "is not in the interests of justice in light of the three prior hung juries in the case."
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