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Gotti to describe death threats to support claim he left the mob
John Riley - NewsdayIssue date: 11/5/09 Section: Real News
NEW YORK - In a potentially significant victory for the defense, the judge in John "Junior" Gotti's racketeering trial ruled Wednesday that he will be allowed to present evidence that another top mobster approved killing him after Gotti used the defense that he had withdrawn from the mob in his second trial in 2006.
Although it was overshadowed by mother Victoria Gotti's afternoon outburst over his dismissal of two jurors, U.S. District Judge Kevin Castel's ruling to let the jury hear about the death threat could make Gotti's claim that he quit the mob in 1999 seem more genuine, and may have played a part in his decision late Wednesday not to testify on his own behalf.
That prospect was raised on Tuesday by Gotti lawyer Charles Carnesi, who said Gotti thought testifying might be a way to break the deadlock of his last three trials, which all ended in hung juries in 2005 and 2006. But after consulting with his lawyers privately for two hours, Gotti told the court just before 5 p.m. that he wouldn't take the stand, courthouse sources said.
The death threat, Castel and Carnesi said in court Wednesday, is chronicled in FBI reports from April 2006, which indicate that John "Sonny" Franzese, identified as a captain and acting underboss of the Colombo family, told a confidential informant that the "Howard Beach crew," a contingent of the Gambino family, had asked permission to kill Gotti.
"They were very upset with John Gotti's behavior and said there's no such thing as quitting the mob," said Carnesi, who was provided with the FBI report after Castel reviewed it. Franzese, the report said, told the informant "that he gives consent to kill John Junior ... if necessary."
Brushing aside prosecution objections that the testimony would be hearsay, Castel said he'd allow the jury to hear about that conversation. But in an unusual afternoon appearance that may have helped fuel the outburst from Gotti's mother, Joon Kim, the federal prosecutor responsible for trying Gotti in 2006, claimed he had no memory of the details of the threats, appearing to stonewall the defense.
Prosecutors later agreed, according to a source close to the case, that the jury will get access to the FBI report itself when the trial resumes Monday in federal court in Manhattan.
Aside from its implication that Gotti's withdrawal was for real, the death threat contradicts two prosecution informants who testified that Gotti got clearance from other top mobsters to use the withdrawal claim in court. The evidence about Franzese raises questions about the credibility of those witnesses.
Although it was overshadowed by mother Victoria Gotti's afternoon outburst over his dismissal of two jurors, U.S. District Judge Kevin Castel's ruling to let the jury hear about the death threat could make Gotti's claim that he quit the mob in 1999 seem more genuine, and may have played a part in his decision late Wednesday not to testify on his own behalf.
That prospect was raised on Tuesday by Gotti lawyer Charles Carnesi, who said Gotti thought testifying might be a way to break the deadlock of his last three trials, which all ended in hung juries in 2005 and 2006. But after consulting with his lawyers privately for two hours, Gotti told the court just before 5 p.m. that he wouldn't take the stand, courthouse sources said.
The death threat, Castel and Carnesi said in court Wednesday, is chronicled in FBI reports from April 2006, which indicate that John "Sonny" Franzese, identified as a captain and acting underboss of the Colombo family, told a confidential informant that the "Howard Beach crew," a contingent of the Gambino family, had asked permission to kill Gotti.
"They were very upset with John Gotti's behavior and said there's no such thing as quitting the mob," said Carnesi, who was provided with the FBI report after Castel reviewed it. Franzese, the report said, told the informant "that he gives consent to kill John Junior ... if necessary."
Brushing aside prosecution objections that the testimony would be hearsay, Castel said he'd allow the jury to hear about that conversation. But in an unusual afternoon appearance that may have helped fuel the outburst from Gotti's mother, Joon Kim, the federal prosecutor responsible for trying Gotti in 2006, claimed he had no memory of the details of the threats, appearing to stonewall the defense.
Prosecutors later agreed, according to a source close to the case, that the jury will get access to the FBI report itself when the trial resumes Monday in federal court in Manhattan.
Aside from its implication that Gotti's withdrawal was for real, the death threat contradicts two prosecution informants who testified that Gotti got clearance from other top mobsters to use the withdrawal claim in court. The evidence about Franzese raises questions about the credibility of those witnesses.
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