The Chicago Syndicate: Junior Gotti
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Showing posts with label Junior Gotti. Show all posts
Showing posts with label Junior Gotti. Show all posts

Thursday, September 14, 2006

Here We Go Again: Judge Tosses Junior's Racketerring Charge

For the second time, a judge on Wednesday tossed out racketeering charges filed against John "Junior" Gotti, finding the evidence introduced at his trial insufficient to support a conviction.

U.S. District Judge Shira Scheindlin decided the government had not proven its claims that money invested in several of Gotti's properties stemmed from alleged loansharking or construction industry extortion.

The government filed the new charges several months ago in a bid to boost its case against Gotti, the son of late mobster John Gotti, after two juries in the last year deadlocked on racketeering charges against him. Closing arguments in his retrial could begin as early as Thursday.

A spokeswoman for prosecutors, Lauren McDonough, said the government had no comment on Scheindlin's ruling. Scheindlin had thrown out the new charges last month before Gotti's retrial started but changed her mind and reinstated them days later.

With the new charges, the government had tried to prove that Gotti continued to benefit from Gambino crime family money even after he said he quit the mob when he pleaded guilty to charges in another racketeering case in 1999. The government's new strategy did have some benefits because the judge decided that jurors could consider new evidence about Gotti's finances even though they could not use that evidence to convict him on the new racketeering charges.

Gotti is still charged with racketeering related to other alleged crimes, including an allegation that he ordered two 1992 attacks on radio show host and Guardian Angels founder Curtis Sliwa in retaliation for Sliwa's on-air rants against his father.

The elder Gotti died in prison in 2002, 10 years after he was sentenced to life for racketeering.

Wednesday, September 06, 2006

Junior is Dopey

Friends of ours: John "Junior Gotti, Gambino Crime Family

The way John A. (Junior) Gotti sees it, if the feds were so convinced he was a dummy, how could he have run the city's most murderous crime family? In recorded prison chats played for jurors yesterday, Gotti mocks the tag he earned after government agents said he didn't have the smarts his father possessed to run the Gambino crime family.

"I'm the Dopey Don, remember?" he tells pal Steve Dobies during a July 2003 prison conversation intercepted by the feds. "That's what I was. I had no problem with that. But you can't just now say, 'Well, we thought now because we're gonna put him in jail for life, he wasn't really the Dopey Don. You can't do that. ... You gotta lock them into something."

The Dopey Don chat was among more than a dozen prison conversations played for jurors yesterday as prosecutors wrapped up their racketeering case against the 42-year-old mob scion by presenting evidence they say shows Gotti never truly renounced the mob life as he claims he did.

When Gotti's lawyers begin calling witnesses today, they may start with Curtis Sliwa, the radio host allegedly shot twice by thugs prosecutors say were sent by Junior. Sliwa testified for the prosecution at two previous trials but was not called this time.

On the tapes recorded in 2003 and 2004, Gotti weighs in on numerous topics, from "vulture" uncles to a "bum" brother to his interpretation of the Torah.

Among Junior's greatest hits:


Gotti told pal John Ruggiero during a 2003 chat that if uncles Peter or Richie Gotti turned up in the upstate New York prison where he was being housed, they'd suffer the consequences. "I swear it to you on my dead brother and my dead father, I swear to you, I will meet them by the [prison] door, with two padlocks in my hands, and I will crack their skulls."
On brother Peter, whom he crossed off his prison visitors list in 2003, he said: "I love him, but my brother's a bum. That's all he is. No more, no less. ... I have a hard time respecting any man who doesn't spend any time with his wife and kids at all. If Pete has an available moment he'll take whatever's in his pocket, like my father would have done, and go to OTB or go to Atlantic City."

Gotti's anxiety heightens throughout as it becomes clear the feds are preparing to indict him on new charges. He muses about leaving New York once his five-year prison hitch is over. And when Gotti lawyer Richard Rehbock complains about having to buy Dobies - who is Jewish - lunch every day, Gotti offered his take on the Torah. "Isn't that like supposed to be a Jewish pact or something that youse got with each other to feed each other to shelter them in their shelter or some s---?" Gotti asked. "Isn't that in the Torah?"

Thanks to Thomas Zambito

Friday, August 25, 2006

Gotti Said To Break Mafia Vow During Meeting With Prosecutors

Friends of ours: John "Junior" Gotti, John "Dapper Don" Gotti, Daniel Marino, John "Johnny G" Gammarano, Gambino Crime Family, Salvatore "Sammy Bull" Gravano Michael "Mikey Scars" DiLeonardo, Genovese Crime Family, Luchese Crime Family, Paul Castellano, Peter Gotti, Frank DeCicco, Bartholemew "Bobby" Borriello, Edward Lino
Friends of mine: Joseph Watts


Mob prince John "Junior" Gotti broke his Mafia vow of omerta last year and used a pre-trial sitdown with federal prosecutors as an opportunity to settle some old scores with two of his father's former top lieutenants, Gang Land has learned.

Gotti has acknowledged the January 2005 secret session with the feds, but has maintained it was merely an effort to convince the feds of his innocence concerning the charges in the racketeering indictment.

He said he indignantly stomped out once he realized that prosecutors were seeking his cooperation. In a June 27 interview with the Daily News, he insisted he would never tell on his former crime cohorts, underscoring his own attitude about informing by quoting his late father's extreme views on the subject. "I could have robbed a church but I wouldn't admit to it if I had a steeple sticking out of my" rear end, Gotti said the Dapper Don had told him.

However, several sources confirmed to Gang Land that, in a failed bid to persuade prosecutors to drop their case against him, Gotti spilled old secrets about two "made men" and a Gambino crime family associate — all underlings of the elder John Gotti.

Junior fingered capo Daniel Marino, soldier John "Johnny G" Gammarano, and longtime associate Joseph Watts for numerous crimes that took place before 1999, when Junior Gotti has insisted he walked away from the Mafia life, sources said.

Gotti also allegedly gave the feds information about a crooked Queens cop who enabled him to beat one case during the 1980s, and a corrupt politician who was part of a land-grab scheme during the same time frame, sources said. Both men are deceased.

Despite Gotti's claims of retirement and his ultimate decision not to cooperate, any informant activity by the mob scion would be viewed as an abomination within his former realm, and equate him with the defectors who have testified against him and his late father. "If it's true, he's a rat, just like Sammy and Scars," an underworld source said, referring to the two major Gambino family defectors, former underboss Salvatore "Sammy Bull" Gravano and onetime capo Michael "Mikey Scars" DiLeonardo.

The disclosure about Gotti's discussions comes as his third trial stemming from the kidnap-shooting of Curtis Sliwa is under way in Manhattan Federal Court.The trial judge, Shira Scheindlin, has issued a gag order in the case and prosecutors and defense lawyers are prohibited from discussing it.

Gang Land's sources declined to discuss specifics that Junior gave the feds, but said he focused primarily on Marino, 65, a powerful family capo and longtime thorn in the side of the Dapper Don, and Watts, 64, once viewed as a possible FBI informer by the Junior Don and his cohorts. While informing about Marino, Gotti, almost as an afterthought, also related alleged criminal activity by Gammarano, 65, a soldier in Marino's crew, sources said.

Marino, who served six years behind bars for a murder conspiracy ordered by the elder Gotti, was released in 2000. Watts, who spent 10 years in prison for his involvement in the same plot and a separate tax case, was released from prison in May. Johnny G, who served three years for a labor racketeering scam in Brooklyn and a Joker Poker gambling machine scheme in New Orleans, has been back in action since 2002.

Gotti has had it out for Marino and Watts for years, a source said. "He's talked about killing them both," the source said. The Gotti faction has long believed that Marino was poised to take over the crime family in the early 1990s as part of a retaliation plot by the Genovese and Luchese families for the unsanctioned 1985 killing of Gambino boss Paul Castellano.

Even after Marino was incarcerated during the late 1990s, Junior, Mikey Scars, Peter Gotti, and other supporters of the then-jailed Dapper Don debated whether to kill Marino, according to FBI documents. The discussions revolved around suspicions that Marino may have had a role in the murders of Frank DeCicco, Bartholemew "Bobby" Borriello, and Edward Lino — all key allies of the elder Gotti — between 1986 and 1991.

In the early 1990s, according to testimony at Junior's second trial, Gotti had two gunmen waiting in the closet of a Brooklyn apartment ready to kill Marino and Johnny G and dispose of their remains in body bags after Junior suspected they had kept $400,000 in annual construction industry extortion payments that should have been forwarded to him. The plot was thwarted, probably intentionally, by Watts.

Watts, who would become the focus of rubout talk a few years later, had been instructed to bring Marino and Johnny G to a meeting that would end with their execution. But when Watts and the targeted mobsters arrived in a stretch limo along with another mobster and a driver, Junior aborted the plan, according to the testimony.

In 1994 and 1995, according to court documents, Junior discussed killing Watts when "rumors began to spread within the Gambino family that Watts might be cooperating" and Gotti feared that Watts and then-superstar witness Sammy Bull would be a "deadly combination" that would threaten the "survival of the Gottis and the Gambino family."

The nasty talk about Watts fizzled out after he pleaded guilty and went to prison. But Junior has long suspected that Watts, who referred to Junior as "Boss" whenever they met, had worn a wire against him, according to FBI documents. And, during his session with the feds, "Junior was quick to point a finger at him," a source said. Sources said Gotti did implicate himself, and a few longtime friends, in several crimes, but they took place too long ago to be used in an indictment.

Gotti denied any role in a 23-year-old murder, a crime for which there is no statute of limitations, sources said. He insisted that he did not kill Danny Silva, a 24-year-old Queens man who died from a knife wound during a wild melee in an Ozone Park bar when Junior was a rowdy and arrogant 19-year-old wannabe wiseguy. "He said he was there, but he said he had nothing to do with the stabbing," a source said.

As Gang Land reported in our first New York Sun column four years ago, a formerly reluctant witness has told authorities that he "personally saw Junior stab Danny Silva" and the police and FBI reopened the case with an eye toward charging Gotti with Silva's murder.

Thanks to Jerry Capeci of Gangland News

Sunday, August 20, 2006

Chef Junior Gotti?

Friends of ours: John "Junior" Gotti, Gambino Crime Family

Prosecutors on Thursday accused mob figure John 'Junior' Gotti of having 'cooked up' his defense against racketeering and conspiracy allegations as they opened their case in his third trial on the charges. Jurors deadlocked in the two previous trials when they could not agree on the 42-year-old's defense that he withdrew from the mob while in prison on separate charges.

Gotti says he left the Mafia before he pleaded guilty to racketeering charges in 1999, meaning that a five-year statute of limitations would by now have expired. Prosecutors say Gotti took over as boss of the Gambino crime family after his notorious father, John J. Gotti, was sent to prison in 1992. He died there ten years later.

The younger Gotti is suspected of ordering the beating and kidnapping of Curtis Sliwa, founder of New York's Guardian Angels anti-crime patrols after Sliwa criticized his father on his radio show. Prosecutor Victor Hou said on Thursday that Gotti's defense was a 'ploy' thought up while he served prison time knowing he would be indicted again.

Hou said the government had fresh evidence that Gotti continued to be a part of the mob from prison, including receiving rent from properties bought with mob proceeds. 'The truth is Gotti never left the life because he never gave up his mob money,' Hou told the jury in Manhattan federal court. 'It is an elaborate lie he cooked up a year before he was ever charged in this case.'

He said he would introduce tape recordings of Gotti showing anger at being demoted in the Gambino family as evidence he was still part of the mob and that he deliberately talked about having left knowing he was being recorded by the government. But Gotti's lawyer Charles Carnesi told the jury that the government would present old evidence that only proved he was a mob figure before 1999. 'There is nothing new that has come to the attention of the government,' he said. 'They don't have evidence after 1999. They know he was out, so they want to recycle this.'

Tapes prosecutors would introduce only proved he had left, he said. 'In 1999 Mr Gotti wanted to get out of his life in the criminal world,' he said. 'That is the message in this trial, he's out of this life.'

Prosecutors added several new charges for his third trial including racketeering and witness tampering to counter his defense. Sliwa is expected to again testify he was shot and wounded in the back of a taxi in Manhattan but miraculously survived. The trial is expected to last several weeks.

Thanks to Christine Kearney

Thursday, August 17, 2006

Junior Sings in Court

Friends of ours: John "Junior" Gotti

Junior sang in court yesterday - but he didn't give up any secrets.

John A. (Junior) Gotti did croon "Happy Birthday" to the judge presiding over his racketeering trial. "I led the attack," the mob scion joked afterward. "Everyone said, 'We're going to sing, we're going to sing,' and then they chickened out."

The command performance came after Manhattan Federal Judge Shira Scheindlin's courtroom deputy opened the third day of jury selection by asking everyone to sing in honor of the judge's 60th birthday. Prosecutors and defense attorneys who seldom find themselves tongue-tied in a courtroom squirmed at the unusual request but managed to muddle their way through.

Both sides have so far amassed a pool of 40 jurors and will begin whittling the panel down to 18 today. Opening statements are expected to begin in the afternoon.

This is Gotti's third trial after jurors deadlocked at two previous trials. Gotti is accused in a wide-ranging racketeering conspiracy case of ordering a 1992 assault on radio host Curtis Sliwa.

Thanks to Thomas Zambito

Mrs. Gotti Praises 'Mafia Cops" Judge

Friends of ours: John "Junior" Gotti, John "Dapper Don" Gotti, Gambino Crime Family, Ralph "Fat the Gangster" Eppolito, Jimmy "The Clam" Eppolito
Friends of mine:
Louis Eppolito, Stephen Caracappa

Brooklyn Federal Judge Jack Weinstein has a new unexpected fan: Victoria Gotti.
The matriarch of the Gotti clan wrote a letter to Weinstein, praising him for showing a "tremendous amount of courage" in knocking out the convictions of the "Mafia cops."

"I am a person that was totally, totally disillusioned with the justice system," Victoria Gotti wrote in an undated letter to Weinstein. "You have restored my hope that my own son may have a chance, or should I say a second chance at life."

The letter was entered into a court file yesterday.

Gotti has been silent since attending each day of her son John A. (Junior) Gotti's trial this winter, when he scored his second mistrial. Then she attacked a government witness who testified against her son, and defended her late husband, John (Dapper Don) Gotti, amid allegations that he'd fathered a love child.

She's expected back in court later this week for opening statements in a racketeering conspiracy case that centers on claims that Gotti, 42, ordered the assault on radio host Curtis Sliwa in 1992. "With two hung juries and a third trial in August, I am beyond [despondent]," Gotti said. "I continue to hope for a better day for him."

Mafia CopsLast month, Weinstein tossed out the federal murder convictions of Mafia cops Louis Eppolito and Stephen Caracappa. In April a jury found that the former NYPD detectives participated in eight gangland slayings while still on the job. Weinstein ruled that the statute of limitations on the racketeering conspiracy had expired.

She began the letter by saying: "I want to applaud you on your decision in regard to the Eppolito and Caracappa case, it takes a tremendous amount of courage to do what you did."

"Those two men, Eppolito and Caracappa need to thank their lucky stars for your wisdom and fairness," Gotti wrote.

There happens to be a Gambino family connection with Eppolito: Two of his relatives, Ralph (Fat the Gangster) Eppolito and Jimmy (The Clam) Eppolito were Gambino family members.

Thanks to Thomas Zambito

Monday, August 14, 2006

Gotti's Groundhog Day Trial Begins with Jury Selection

Friends of ours: John "Junior" Gotti, John "Dapper Don" Gotti

In his 1882 treatise, “The Gay Science,” Friedrich Nietzsche describes the theory of eternal return like this:

“What,” he writes, “if some day a demon were to steal after you into your loneliest loneliness and say: ‘This life as you now live it and have lived it, you will have to live once more and innumerable times more? Would you not throw yourself down and gnash your teeth and curse the demon who spoke thus?”

This, of course, is the philosophy of endless repetition that has entered the culture in masterworks like Albert Camus’s “The Myth of Sisyphus” and Harold Ramis’s “Groundhog Day.” It has touched both novelists and rock stars and is appearing — yet again — in the racketeering trial of John A. Gotti, the son of the late Gambino family don.

The trial, which opened today in Federal District Court in Manhattan, is, after all, Mr. Gotti’s third on nearly identical charges in the last two years. He stands accused, again, of having ordered the abduction of Curtis Sliwa, the radio talk-show host and founder of the Guardian Angels, in 1992 — an allegation that led to dead-locked juries at two prior federal trials.

Today jury selection started and it was fairly remarkable, given the ink already spilled on Mr. Gotti, that the panelists did not know more about the man. Several times, potential jurors confessed in court to little more than a passing knowledge of Mr. Gotti — beyond the fact that he is John J. Gotti’s son.

This was to the point. Like many sons of famous fathers, the younger Gotti has been walking in his father’s shade for many years. Indeed, the primary charge in the case is directly related to Oedpial anxiety: Prosecutors say that Mr. Gotti ordered Mr. Sliwa to be kidnapped from the street after the talk-show host called his father “public enemy No. 1” on air.

The kidnapping occurred in June 1992, as Mr. Sliwa (on his way to work at WABC) hailed a taxicab near his apartment on Avenue A and St. Marks Place, in the East Village. As prosecutors put it, the taxi was “intended to serve as a hearse,” for as he stepped inside, they say, a gang assassin bolted upright in the front seat and shot him several times at point-blank range.

For this trial the prosecution has added a few new racketeering counts that charge Mr. Gotti with having used illicit profits from loan-sharking and extortion to operate two holding companies. It tried to charge him with money laundering as well, but that charge was dismissed last week by Shira A. Scheindlin, the presiding judge.

The third time is said to be the charm, but even Judge Scheindlin admitted today that jury selection was fairly slow-going. There seemed no end to good reasons to dismiss jurors from the pool.

One woman told the judge that she might lose her job as a part-time telemarketer if she were forced to serve — and was excused. So was the slightly addled woman who complained that the jury questionnaire was somewhat “tricky.” (She had checked the box “no,” when asked if the Mafia existed, though told the judge in court that she had meant to check it “yes.”)

Then there was the young man who said that he believed in karma, which, of course, alone was not enough to send him packing.

That occurred when Judge Scheindlin said she found it troubling that he kept referring to Mr. Gotti as “Mr. Gandhi.”

Thanks to Alan Feuer

Sunday, August 13, 2006

Junior has Charges Reinstated Against Him

Friends of ours: John "Junior" Gotti, Gambino Crime Family, John "Dapper Don" Gotti

Four days after tossing out a handful of new charges against John A. Gotti, the Mafia scion, a federal judge reversed herself — and the fortunes of prosecutors — when she reinstated some of the charges against him in a ruling yesterday.

The judge, Shira A. Scheindlin of Federal District Court in Manhattan, had ruled on Monday that federal prosecutors could not pursue money laundering and some racketeering charges against Mr. Gotti at his trial, which is scheduled to begin with jury selection on Monday. But after a contentious hearing on Thursday, Judge Scheindlin changed her mind, saying that the government could charge Mr. Gotti, the son of the late Gambino family don, with the racketeering charges, under which he stands accused of using profits from loan-sharking and extortion to operate two holding companies.

The trial will be Mr. Gotti’s third in two years in federal court in Manhattan and concerns the government’s accusations that he ordered the abduction of Curtis Sliwa, the radio talk-show host and vigilante, in 1992 after Mr. Sliwa criticized the elder Mr. Gotti on the air. Juries have twice deadlocked in the case, unable to decide if Mr. Gotti was, or was not, involved in the abduction and a subsequent assault.

On Thursday, Victor Hou, a federal prosecutor, told Judge Scheindlin that he had doubts about the government’s ability to proceed to trial without the new charges. “We have serious concerns about our ability to go forward, given your ruling,” Mr. Hou told the judge, referring to her initial decision.

The government had sought the new charges, in part, to counteract Mr. Gotti’s claim that he had left the mob in the 1990’s. The reinstated charges concern crimes the government says took place after Mr. Gotti says he left the mob.

The government argues that Mr. Gotti led the Gambino family in the 1990’s after his father was convicted of racketeering and was given a life sentence. He died in prison in 2002. Charles Carnesi, the younger Mr. Gotti’s lawyer, said he had no comment on the case.

Judge Scheindlin’s latest decision still bars the government from charging Mr. Gotti with money laundering — specifically with receiving income from properties the government says he bought with money derived from crime.

The main charges in the case concern the abduction of Mr. Sliwa, who was the founder of the Guardian Angels. He was kidnapped in a taxicab in the East Village in 1992 and shot and wounded.

Thanks to Alan Feuer

Monday, August 07, 2006

Gotti Has Charges Thrown Out

Friends of ours: John "Junior" Gotti

A judge on Monday tossed out the latest racketeering and money laundering charges against John "Junior" Gotti, but the son of the late mob boss still faces trial on charges alleging he ordered the beating of Guardian Angels founder Curtis Sliwa.

The ruling by U.S. District Judge Shira Scheindlin was a blow to the government just weeks before Gotti's third trial on racketeering charges. Juries deadlocked at two previous trials in the last year.

In May, the government brought new charges of racketeering, witness tampering and money laundering to counter Gotti's contention in 1999 that he left the mob in the late 1990s.

In throwing out the new racketeering and money laundering charges, the judge noted that Gotti pleaded guilty to racketeering in 1999 and that charges identical to some of the new ones were dismissed by the government after Gotti satisfied the terms of his plea agreement. "The plea agreement cannot be both a sword and shield," she wrote.

Lauren McDonough, a spokeswoman for prosecutors, said there was no comment. A call seeking comment from Gotti's lawyer, Charles Carnesi, was not returned.

The judge said the government had also argued that Gotti used money from his racketeering activities to operate two corporations he formed in the early 1990s. "The problem with this second theory is that it is based on nothing but surmise, speculation and conjecture," Scheindlin said.

The government alleges that Gotti ordered a baseball bat beating of Sliwa and a kidnapping several weeks later that ended with Sliwa being shot three times before he dived out of a moving taxi. Sliwa recovered.

If convicted at trial, scheduled to start August 21, Gotti could face up to 30 years in prison.

Wednesday, May 24, 2006

Gotti Jr. Indicted Again on Variety of Federal Charges

Friends of ours: John "Junior" Gotti, Gambino Crime Family, John Gotti

In preparation for a third trial in less than two months, a federal grand jury has indicted John Gotti Jr. on a variety of Mafia-related crimes, including jury tampering as recently as this past summer.

Gotti was also accused of using proceeds of what government prosecutors call Gambino crime family illegal enterprises to establish and use companies to purchase real estate and collect rent from businesses. The indictment, returned on Monday, also said Gotti took part in a conspiracy to convince a witness to lie under oath at a trial of members of another organized crime family.

Gotti has twice been tried on racketeering charges. Both trials ended in hung juries. His third such trial is scheduled to open in federal court for the Southern District of New York in Manhattan on July 5. Conviction on most serious charges could bring up to 30 years in prison.

The government contends that Gotti still runs the Gambino crime family. Gotti insists he turned away from such activities years ago. Gotti still faces charges that he ordered an attack on Guardian Angels founder Curtis Sliwa in retaliation for Sliwa's reviling of Gotti's late father, John Gotti Sr.on Sliwa's radio show. The elder Gotti died in prison in 2002 while serving a life sentence on conviction of racketeering and murder. Sliwa suffered a baseball bat attack when he hailed what turned out to be a stolen taxi in Manhattan on June 19, 1992.

Thanks to Phillip Newman

Saturday, April 29, 2006

Witness Protection Program Places High-Profile Mob Informant on Kansas City Royals

Friends of ours: Junior Gotti, John Gotti

The Kansas City Royals added a new rightfielder yesterday – a 5-foot-8, 275 pound, 53-year old mob informant the federal witness protection placed with the team as a means to keep him out of public view.

Listed on the roster as "Jim Smith," the new Royal is reportedly Vinnie Macaluso, a construction foreman and Mafioso from New Jersey who is preparing to testify for the government in the trial of John A. Gotti, the son of late mob boss John Gotti.

No one from the Federal Witness Protection program would comment on record about "Smith," but an anonymous source within the department confirmed Macaluso was placed with the Royals. "We couldn't think of a place where a person is more likely to go unnoticed than with the Kansas City Royals," said the source. "By playing with them we can be assured no one will ever find him because his face will never be on television and because almost no one attends their games."

"Smith" reportedly has never played baseball in his life, something the Witness Protection program thinks works to their advantage. "Since he'll probably be striking out all the time and dropping fly balls and falling down and stuff, he'll fit in perfectly with the Royals and won't raise flags with anyone," said the source. "We heard he could actually play a little bit of football, so that's why we didn't place him with the Arizona Cardinals."

Thanks to the Sports Pickle

Wednesday, April 26, 2006

Four-Year Gotti Offer

Friends of ours: Junior Gotti, John Gotti, Gambino Crime Family

The feds have made John "Junior" Gotti an offer he likely can't refuse.
John
Gotti is secretly weighing whether to accept a new plea deal that would put him behind bars for less than four years in exchange for pleading guilty to racketeering charges, two sources familiar with the negotiations told The Post.

While Gotti, 42, has yet to sign off on the deal, he is seriously considering it and could plead guilty as soon as next week, one of the sources said.

The offer includes a five-year prison sentence that would likely be whittled down to 31/2 years behind bars with credit for time he's already served - roughly one-tenth of the 30-year sentence he could face if a jury convicts him.

The new terms mirror those sought by Gotti last November, but prosecutors then refused to go below a 10-year sentence. The feds sweetened the deal after a jury failed to reach a verdict in his case last month - Gotti's second mistrial. A third trial is scheduled to begin July 5.

The son of John "Dapper Don" Gotti would also have to fork over $500,000 in cash under the proposed deal - a measly sum compared to the $25 million in forfeitures now hanging over his head.

Once released, the father of five would be forced to move from his Oyster Bay, L.I., home. The terms of the deal bar him from living in New York, New Jersey, Pennsylvania, Connecticut or Massachusetts, a source said.

Gotti's lawyer, Charles Carnesi, declined to comment on the negotiations. A call to prosecutors was not returned.

Gotti has admitted he once ran the Gambino crime family for his father, but claims he left the mob in 1999.

To accept the deal, Gotti would have to admit to more recent racketeering charges, including loan-sharking and extortion, and the sensational 1992 kidnapping of radio host Curtis Sliwa. Sliwa was shot in a stolen taxi allegedly piloted by a Gambino thug, but managed to escape by climbing out the window.

The new offer, with its five-year prison term, is a fraction of any previous deal put on the table. Prior his first trial, in the summer of 2005, Gotti rejected an offer that would have forced him to serve 18 years behind bars.

When a jury failed to reach a verdict, Gotti's then-lawyer, Jeffrey Lichtman, negotiated a 10-year sentence and $1 million in forfeitures, but Gotti had a change of heart and rejected the offer. The gamble paid off when a second jury failed to reach a verdict in March - it was reported split 8-4 in favor of acquittal.

The mob scion has long been a suspect in three murders - a double hit in 1992 on Thomas and Rosemary Uva, who were known for robbing mob-connected social clubs, as well as the slaying of Danny Silva in a 1983 barroom brawl.

The new offer does not protect him from prosecution in those cases should the feds develop new evidence.

Thanks to Kati Cornell

Thursday, March 16, 2006

Junior Gotti: They're breaking me

Friends of ours: Junior Gotti

John "Junior" Gotti, facing another retrial on racketeering charges this summer, is struggling financially to fight the charges, his lawyers say.

A second jury deadlocked last week on charges alleging the 42-year-old son of the late mob boss arranged the brutal beating of Guardian Angels founder Curtis Sliwa.

U.S. District Judge Shira Scheindlin set a July 5 date for another retrial after Gotti lawyer Charles Carnesi said Monday that his client needed time to borrow money to pay his legal team. Prosecutors, however, argued that Gotti wants to sell property paid for with crime proceeds, and the judge set a schedule for both sides to argue the fates of several properties before trial.

Sliwa attended the brief court proceeding several hours after announcing on his radio show that he had calmed down since saying last week that his WABC-AM co-host, Ron Kuby, was no longer his friend. Kuby, who represented a Gotti co-defendant in the 1990s, had been called to testify that Gotti told him in 1998 he wanted out of organized crime. After the mistrial, Sliwa said he was so angry at Kuby he wasn't sure he could do the show anymore.

The two were more cordial on the air Monday. "There's not going to be a train wreck," Kuby said. Sliwa, later in the show, said: "Things are getting a little better. In fact, Ron is going to get me a hot cup of tea."

Gotti, free on bail with electronic monitoring, insists he did not order the attack on Sliwa.

Tuesday, March 14, 2006

Gotti's Lawyer: Fuhgeddaboudit!

Friends of ours: Junior Gotti

Fuhgeddaboudit! John "Junior" Gotti's confident lawyer hopes his client will whack any plea bargains that desperate prosecutors now put on the table in the wake of his second stunning mistrial on racketeering charges. Spurred on by the 8-4 hung jury that was in favor of Junior on Friday, lawyer Charles Carnesie said yesterday that he'd advise Gotti to prepare his Teflon armor for a third trial - and ignore any plea deals. "It's a personal decision, something that he has to decide, but personally I'd be disappointed [if he took a deal]," Carnesie said.

Gotti was on the verge of pleading guilty last year to charges of racketeering and ordering the kidnapping of radio host Curtis Sliwa. But the deal, which would have had him serve seven years of a 10-year sentence, was rejected at the last minute. Gotti had said a major concern was protecting himself with immunity from future prosecutions.

It is possible that the chance to start his life afresh could now be offered if he is willing to admit to all of his crimes. But the attorney who negotiated that last plea deal agrees with Carnesie - and says Gotti should hold out for a hung-jury hat trick, which would be "as good as an acquittal." "If I was in the government's position, I'd go on my hands and knees, begging for a plea agreement," said his former lawyer, Jeffery Lichtman. "At some point, the government is going to have to let go of its Moby Dick."

Gotti, who is out on $7 million bail, left the Long Island mansion where he is under house arrest for about two hours yesterday. Dressed in black and wearing a baseball cap, he left home carrying a mysterious black bowling bag and lost tailing reporters in a black Infiniti sedan. While Gotti did not reveal his destination, under the terms of his house arrest, he can only visit his lawyer and church. He returned home by afternoon to play soccer with two of his sons.

Jury foreman Greg Rosenblum revealed that eight jurors bought Gotti's defense that he has not been involved in the mob since 1999, which would mean that the five-year statute of limitations on racketeering charges has expired. Those same eight, Rosenblum said, had enough reasonable doubt to clear Gotti of charges that he ordered two hoods to kidnap and beat Sliwa with baseball bats in 1992 after the radio talk show host's constant criticism of his father. The thugs ended up shooting Sliwa in the back of a cab.

Sliwa, still smarting from yet another mistrial, said yesterday that he was adamantly against any plea bargaining. "I've never been in favor of plea bargaining with the head of the Gambino crime family," he said. "Let's take a roll before the jury."

Monday, March 13, 2006

Gotti Mob Magic Does It Again with Hung Jury.

Friends of ours: Junior Gotti

Call him the Teflon Scion. John "Junior" Gotti, son of the Teflon Don, slipped clear of the feds' determined grasp yet again yesterday with his second mistrial in eight
months after prosecutors apparently failed to convince two-thirds of the jury that he was guilty of racketeering.

After less than 10 hours of deliberation, the jury foreman wrote a note to Manhattan federal Judge Shira Scheindlin: "We are completely DEADLOCKED. More time will not change the views in this room."

The foreman, Greg Rosenblum, later revealed that eight jurors believed Gotti's claim that he had quit the mob before July 22, 1999 - meaning the five-year statute of limitations would have expired on racketeering charges that the feds brought in 2004. Rosenblum told WNBC/Channel 4 those same eight jurors also had enough doubt in their mind to clear Junior on charges he ordered the kidnapping of radio host Curtis Sliwa.

"How many people on that jury felt that he had given up the mob life? Eight. And the other four felt . . . that he was still involved in some way," Rosenblum said. The foreman accused the four holdouts of finding Gotti guilty before giving him a chance to prove his innocence - and said that nothing the defense did was going to change their minds. "I was hoping that everyone could have at least kept an open mind, but it seemed like certain individuals on the jury had him guilty beforehand," Rosenblum said. "There was no evidence that we could directly see that linked him to anything since 1999 that would implicate him in any sort of extortion or loan-sharking schemes."

On Sliwa's kidnapping, Rosenblum said, "The eight that felt that he had withdrawn [from the mob] also felt that there was enough evidence pointing, enough doubt, enough reasonable doubt, that he had nothing to do with it whatsoever."

As the judge excused the panel, a relieved Gotti hugged his lawyer, Charles Carnesi, while another member of his defense team called Junior's wife, Kim. "He's coming home again - it was a good result," lawyer Seth Ginsberg told her. But Kim Gotti already knew, because minutes earlier a Post photographer had told her the verdict as she raked leaves on the front lawn of her Oyster Bay Cove, L.I., mansion.

"No way!" she exclaimed, dropping the rake and running inside the house. But her husband's trials are not over. The prosecution team immediately asked the judge for a speedy retrial date. "We gotta do it one more time," said Junior, who is free, under house arrest, on $7 million bail. "I'm going to sleep in my own bed tonight . . . It's better than sleeping in the MCC [Metropolitan Correctional Center]. "I'm happy," he added as hugged his mother, Victoria. "I'm financially ruined, but what are you gonna do?"

His mother, Victoria, who heard testimony about her Dapper Don Juan hubby's love affairs and allegedly illegitimate children during the trial, was not happy. "I'm just very disgusted at this point . . . They're trying to railroad my son," she snarled. Her namesake daughter, Victoria, chimed in: "We wanted an acquittal. I just think they're going to keep on trying. The fact that they're not winning is great."

As he hopped into a car to head home, Gotti told a crush of reporters, "I'm going to see my children." On the prospect of another retrial, he said: "I'm worried. I'm
concerned always. I've got five children home. I want to raise my children."

If convicted, Gotti, 42, faced up to 30 years in prison for kidnapping and extortion. He is accused of a long-running racketeering conspiracy - including sending two mob hoods to kidnap and beat up Sliwa in 1992. Defense attorneys admitted young Gotti had been active in organized crime, but insisted he had withdrawn in early 1999.

Sliwa, the founder of the Guardian Angels, had testified about the shooting attack at the retrial - as he did at the first trial. But this time around, his WABC radio talk-show partner, civil-rights lawyer Ron Kuby, took the stand as a defense witness and, in bombshell testimony, supported Gotti's claim that he had quit the Gambino crime family. He testified that Gotti told him in 1998 that "he was sick of this life . . . He wanted to rejoin his family and be done with this."

Sliwa, who rushed to the federal courthouse when he learned about the hung jury, blasted Kuby for betraying him and said he wouldn't be surprised if his former pal was at Gotti's home "toasting his friend."

In seeking a speedy retrial, prosecutor Michael McGovern lobbied for an April 17 start, but the defense pushed for a later date. "The lawyers on this team haven't been paid for this trial, now we're talking about another trial," said defense lawyer Debra Karlstein. The judge ordered lawyers for both sides to return to court on Monday to set a retrial date.

Gotti's pregnant wife rushed out onto their front lawn with the family dog and three of her kids when he pulled up shortly before 5 p.m. "I feel great, these are my three sons," Junior Gotti said, posing with them briefly before disappearing inside. Asked what his wife had prepared for dinner, he said, "Whatever she makes - any free meal is a good meal."

Sliwa Bashes Kuby

Friends of ours: Junior Gotti

An enraged Curtis Sliwa yesterday lashed out at his radio talk-show partner Ron Kuby for helping John "Junior" Gotti - the man the Guardian Angel founder believes had him kidnapped and nearly killed - get another hung jury. "I don't know if I'm going to be able to go into that studio on Monday without wanting to literally do harm to this guy," Sliwa said of his WABC co-host after Gotti's retrial on racketeering charges was declared a mistrial.

Sliwa, wearing his trademark red Guardian Angels cap and satin jacket, blamed civil-rights lawyer Kuby for convincing at least some jurors that Gotti couldn't be convicted of racketeering, due to the statute of limitations, because he had quit organized crime more than five years before he was indicted.

"My very dear friend, who is a friend no more, didn't even give me a heads-up he would be testifying for my enemy," he said, adding, "It hurt me even more than the three hollow-point bullets and the baseball attack in 1992." Sliwa called Kuby's testimony Gotti's "ace in the hole" and said, "I wouldn't doubt that he's probably at [Gotti's home in] Oyster Bay . . . literally
toasting his friend."

Sliwa said he can't fault the jurors for being unable to agree on whether - or when - Gotti quit the mob. "If I were a juror and saw Ron Kuby willingly coming in and testifying for the guy who ordered the death of his friend and co-worker, I would have my doubts also," he said.

Kuby said he understands Sliwa's distress, but insisted he's not to blame for the hung jury. "He thinks that the Gottis ordered him shot, and I understand Curtis is upset about the statute-of-limitations problem, but that's not my doing," he said. He pointed out that after the first trial, Sliwa "lashed out at the jury, claiming that they had been reached by the Gottis. "This time he lashes out at me," Kuby said. "It's not about him. It's not about me. It's about the strength or weakness of the government's case."

Kuby stressed that "the jury hung the first time, when I had no involvement in the case." He added that Gotti's claim that he was quitting the mob is something he's heard from "every defendant that I have ever had" who pleads guilty, which is what Gotti was doing when he allegedly told Kuby in 1998 that he wanted out of "the life."

"They say they're sick of this life or they want to go home, they're tired of this . . . Whether they ultimately gave up their life of crime or not is something of which I have no knowledge." Kuby also insisted, "I'm not good friends with John Gotti Jr. I'm not even friends with him."

Of his next broadcast with Sliwa, he said, "On Monday, we go in and continue to try to do good radio."

Friday, March 10, 2006

2nd Mistrial for Junior Gotti

Friends of ours: Junior Gotti, Gambino Crime Family

A judge declared a mistrial in the case of alleged Mafia boss John "Junior" Gotti on Friday, the second time in six months jurors were unable to reach a verdict on racketeering and other charges against him.

Prosecutors immediately said they would seek a third trial for Gotti, whose late father was one of New York's most notorious crime bosses. A judge was due to set a date for a third trial on Monday, indicating the charges would not be dropped.

Gotti, whose defense focused on the claim that he had given up mob life, hugged his lawyers upon hearing of the mistrial and left the courthouse surrounded by a gaggle of reporters. "I want to raise my children," he said. "That's all I wanted in life."

Gotti, 42, was accused of leading the Gambino crime family, extorting construction companies, loan-sharking and ordering a brutal attack on Curtis Sliwa, the founder of New York's Guardian Angels anti-crime patrol, because of his critical comments about the Gotti family on his radio show.

A federal judge dismissed the jury because it failed to reach a verdict after deliberating since Wednesday. A previous trial also resulted in a deadlocked jury, forcing the retrial.

The second trial revealed new details of Gotti's love life and accounts of bloody shootings and secret mob codes, as well as rekindling New York's obsession with Mafia trials and Gotti's infamous father.

Prosecutors had accused Gotti of becoming the street boss of the Gambino crime family, one of New York's "five families," after his father, John "The Dapper Don" Gotti, went to prison in 1992, where he died 10 years later.

Gotti's lawyers said he withdrew from the Mafia upon pleading guilty to separate racketeering charges in 1999. They argued that excerpts they played from a videotape of a 1999 prison conversation between Gotti and his father proved the younger Gotti wanted to leave the mob.

A few months later Gotti pleaded guilty to separate racketeering charges and spent five years in jail. He was indicted on the latest charges just before he was due to be released from prison.

Gotti remained in jail throughout the previous trial but was freed on bail following the last mistrial.

Thursday, March 09, 2006

In Break From Code, Gotti Women Soak Up Trial Spotlight

Friends of ours: Junior Gotti, John Gotti, Michael "Mikey Scars" DiLeonardo, Joseph D'Angelo, Gambino Crime Family
Friends of mine: Toni Marie Ricci

Call it the Soprano effect. To spectators at John A. Gotti's racketeering trial, it often seems as if life were imitating television, and that the airing of every intimate detail of the fictional mobster Tony Soprano's life has broken down a social code that once prevented real-life mobsters from exposing their private lives and peccadilloes, from girlfriends to illegitimate children, in public.

One of the prosecutors, Joon Kim, has led two turncoat mobsters, Michael DiLeonardo and Joseph D'Angelo, through recitations of their lives from blood oath to murder, with the calm, hypnotic manner of a psychoanalyst interrogating a patient. But it is probably the assertive presence of the Gotti women in United States District Court in Manhattan that has marked the biggest departure from Mafia tradition. "Women have always been considered an inferior element in the Mafia," says Selwyn Raab, a retired New York Times reporter who chronicled the lives of the Gottis in his book "Five Families: The Rise, Decline and Resurgence of America's Most Powerful Mafia Empires." "They are not supposed to intrude, not supposed to be involved in any way. One: to protect them. And two: that's the culture; that's the code."

Mr. Gotti's mother, Victoria, has attended every day of her son's trial since it began two weeks ago, and offered a window into the changing social mores of the mob.

Fifty, even 20 years ago, in the era depicted by the classic Godfather movies, Mafia wives and daughters were to be neither seen nor heard. But Mr. Gotti's trial has become more of a soap opera than the soaps, in which the Gotti women — led by Mr. Gotti's mother, but also joined by his sisters, Victoria and Angel, a niece named Victoria after her grandmother, and even the ex-wife of a Gambino captain — have played a central role.

Though the presence of Mafia wives at trials has not been unheard of in recent years, Mr. Raab said, Mrs. Gotti — the widow of John J. Gotti, celebrated as the Dapper Don and the Teflon Don before spending the last years of his life locked up in a maximum security penitentiary — never attended any of her husband's major trials. "He had four trials after he became boss, and she was never there," Mr. Raab said. Partly, he noted, that was because "they were on the outs," and she did not visit him in prison, either.

In this trial, however, which enters its third week today, the Gotti women have waged a public relations war for Mr. Gotti, speaking on his behalf outside of court, while he has focused on what goes on in the courtroom.

Every day, his mother and sister Angel have occupied center aisle seats in the second row, which is reserved for family members (both conventional relatives and the Cosa Nostra kind). Mr. Gotti's more flamboyant sister, Victoria, has appeared most days in the afternoon, drawing stares from tourists both because she resembles Donatella Versace, with hip-length blond tresses and flashy clothes, and because she is recognized as a novelist and hostess of the reality-TV show "Growing Up Gotti." (Mr. Gotti's wife, Kim, who is pregnant with their sixth child, has not attended.)

Lawyers said that in a trial that is something of a morality play, even Mr. Gotti's churchgoing could have an impact on the perception of the jury, since this jury includes several observant Catholics: On Ash Wednesday, five of the 16 jurors, including alternates, arrived in court for the morning session with their foreheads marked with black smudges. Mr. Gotti returned from lunch with ashes on his forehead.

On a recent day, a federal prosecutor led an F.B.I. agent through the list of people who visited Mr. Gotti while he was in prison. As the prosecutor ticked off the names, one by one, the agent identified them each as an "associate" of the Gambino crime family, qualifying a couple by adding "and lifelong friend."

The judge called a break, and Mr. Gotti's mother called to his lawyer, Charles Carnesi: "Hey, Charles. Did you tell them that I am an associate, and my daughter, too, and my granddaughter?"

It was a typically acerbic reaction for Mrs. Gotti, whose comments are not always appreciated. "Mom, please, I got this under control," Mr. Gotti protested another time.

The racketeering charges against Mr. Gotti are so diffuse that much of the court battle has focused not on the charges but on his private life. Besides, the charges against him — loan-sharking, extortion and kidnapping — are not nearly as serious as the murder charges that the two star prosecution witnesses have confessed to as part of their cooperation agreement with the government. In his defense, Mr. Gotti says he left the mob life years ago, when he realized how much it could hurt his wife and children.

The Gotti family has been particularly angered by testimony from Mr. DiLeonardo, the turncoat Gambino captain who said that Mr. Gotti dated a woman named Mindy during his marriage and that his father had a secret second family and a daughter out of wedlock.

Three days after Mr. DiLeonardo's testimony, the Gotti family called in reinforcements. John J. Gotti's oldest granddaughter, Victoria Gotti Albano, 18, arrived at the courthouse, saying, "We always stick together." Wearing a large necklace spelling out the word "princess," which she said her grandfather had given her, she sat between her mother, Angel, and grandmother for the rest of the week. Ms. Albano, a freshman at U.C.L.A., said she wanted to become a lawyer to avenge the wrongs she said the government had inflicted on her family. Her grandmother volunteered that the teenager's role model was Ron Kuby, a civil rights lawyer. Mrs. Gotti, who is, in the traditional mold, a Queens homemaker, is supportive of her granddaughter's career goals, even confiding in the hallway outside the courtroom that the idea of being called "Ms." Gotti appealed to her. "She's liberated," Mr. Raab said, not sounding 100 percent convinced.

The more traditional "Married to the Mob" role in this courtroom drama has been played by Mr. DiLeonardo's ex-wife, Toni Marie Ricci, who appeared as a defense witness to testify on the distress that her husband's infidelity caused her and their teenage son, Michael. Asked by prosecutors last week whether she knew that her ex-husband, her father, brother, uncle and cousin were all associated with the Gambino crime family, she replied that she was "just a housewife and mother" who did not concern herself with such things.

If Mrs. Gotti doesn't always adhere to type, Mr. Raab said, that may be because her ancestry is Russian on her mother's side. Her mixed antecedents were a problem when it came time for her son to be inducted into the Mafia, Mr. Raab said, because Mafia rules required both parents of a "made" member to be of Italian descent. The senior Gotti solved the problem by changing the rule to require patrilineal descent only, Mr. Raab said.

Mrs. Gotti seemed more outraged by what she saw as the prosecution's sanctimonious attitude than by the suggestion that her husband had had affairs, a rumor that, after all, had been alluded to in books and whispered by government agents. If the government was going to prosecute womanizers, she said, "we should hang all our presidents."

It was another remark worthy of a Soprano, although Mrs. Gotti was coy when asked whether she ever watched the show. "I really would love to because I think it's an entertaining program," she said. "But if there's a really good movie on, or "20-20," or something on the Discovery Channel, I would rather watch that."

Thanks to Anemona Hartocollis

Wednesday, March 08, 2006

Canaries Get Tweet Salvation

Friends of ours: Junior Gotti, Bonanno Crime Family, Vincent "Vinny Gorgeous" Basciano, Patrick DeFilippo, Vito DeFilippo, Gambino Crime Family, Salvatore LoCascio, Genovese Crime Family, Joseph Ida, John Gotti, Joey "The Clown" Lombardo

Today's rats escape sleepin' with fishes

The stampede of Mafia turncoats joining Team U.S.A. is radically changing the way gangsters try to beat the rap. Faced with damning testimony from high-ranking rats, wiseguys are wising up to the fact that it's futile to deny they're in the mob.

It was once a violation punishable by death to publicly acknowledge one's membership in a crime family. But John A. (Junior) Gotti has done it. So too has a gaggle of gangsters in the hope the wiseguys can neutralize the government's weapons.

"He's in the Bonanno family," declared defense lawyer Barry Levin last week at the trial of Vincent (Vinny Gorgeous) Basciano, once the clan's acting boss. "We don't care. So if you spend three weeks listening to the Bonanno family, you've heard it here. You can take a nap."

Levin's strategy so infuriated prosecutors they asked the judge to instruct the jury that it was out of bounds. The lawyer for Basciano's co-defendant Patrick DeFilippo was also up front with jurors about his client's mob lineage. "His father Vito was a member ... and it was as natural for him at that time a long time ago to join as it was, say, for me to become a lawyer," said attorney Richard Levitt.

Recently, lawyers for Gambino capo Salvatore LoCascio and Genovese soldier Joseph Ida admitted their clients were made men, but insisted each had decided to quit the Mafia.

It's a long way from the bold denials John Gotti's mouthpiece Bruce Cutler was making in 1990 when he said: "There is absolutely no evidence of what prosecutors call an Italian-American Mafia in America."

Mafia historian Thomas Reppetto recalled that Chicago gangster Joey (The Clown) Lombardo even took out an ad in a newspaper in 1992 to proclaim he wasn't in the Mafia anymore. Lombardo was indicted last year on a raft of charges.

For years wiseguys and their lawyers nervously tiptoed around naming the criminal enterprise when pleading guilty to racketeering. Has omerta - the Mafia's code of silence - been revised? "Apparently so," said former federal prosecutor Edward MacDonald. "There's no point in contesting membership anymore. The evidence is so overwhelming. You might as well concede the obvious."

Thanks to John Marzulli

Tuesday, March 07, 2006

Sliwa says radio partner 'Judas'

Friends of ours: Junior Gotti, John Gotti

"The Curtis & Kuby Show" played on the radio - and in court - yesterday as Curtis Sliwa called his on-air partner Ron Kuby a "Judas" for testifying on behalf of John A. (Junior) Gotti. Kuby, a lawyer, bolstered Gotti's defense against claims the mobster sent two thugs to beat Sliwa for his on-air attacks against the Dapper Don John Gotti in 1992. Gotti contends that he left the mob in 1998.

"He told me he was sick of this life," Kuby testified. "He wanted this to be over. He wanted to rejoin his family and be done with this." Kuby said the spring 1998 chat occurred while Gotti and dozens of others were under indictment for a loansharking and extortion scheme that involved the Manhattan strip club Scores.

"John Gotti . . . specifically asked me if I would do him a favor," Kuby testified. Gotti, 42, wanted Kuby, then representing co-defendant Stephen Sergio, to approach federal prosecutors and discuss a plea deal for everyone involved.

Outside court, Kuby said he didn't question Gotti further about ending his mob life. "I was functioning as a lawyer, not a priest," he said. "He did not elaborate. I did not ask."

Kuby gave a preview of his testimony on his morning WABC radio show yesterday - prompting Sliwa to call his decade-long radio partner "Judas."

"Curtis, you should have nothing to fear from the truth," Kuby said.

Sliwa was shot near his East Village apartment after he hailed a cab carrying two men prosecutors say were sent by Gotti.

The issue of Gotti's pre-1999 withdrawal from the mob is key because prosecutors must show at least one crime in the long-running conspiracy case occurred within five years of his 2004 indictment.

Gotti's attorneys want to play for jurors a recording of a prison visit with his father that they say will feature the Mafia scion using coded language to say he wants out of the mob.

Thanks to Thomas Zambito

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