Will 4th Junior Gotti Trial End in Another Stalemate?

John Gotti Jr. sat at the defense table, the weight of his family history and whatever we have learned from countless movies and TV dramas about the Mafia, swirling around him.

This was the fourth time in the last four years that prosecutors have brought a case against him, this time for murder and racketeering, and just like the previous three trials in the ornate federal courthouse in lower Manhattan, a jury of 12 ordinary citizens have not been able to decide if he is guilty of the crimes charged.

"They have exhibited strength, intelligence, compassion and truthfulness and should be doubly commended for standing tall and firm for their beliefs and disbeliefs," Victoria Gotti, John's sister, told Fox News, acknowledging the proceedings have been a "difficult and exhausting trial." That slow journey will continue after the Thanksgiving holiday, with the jurors returning for more deliberations next week.

The jury announced it was deadlocked, just as the last three juries have since 2005, potentially handing federal prosecutions a stalemate. The U.S. government has so far been unable to convince 48 people that Gotti continued to follow his father's line of work. He has said he quit, in 1999, when he plead guilty to racketeering charges and went away for six years. At the time he said he thought that plea, and the sentence, would wipe the slate clean, but he was slapped with new charges when he left prison four years ago.

Prosecutors have ridiculed the claim that he quit.

"This defendant has lived the Mafia life," declared Assistant U.S. Attorney Jay Trezevant, "and he never, never quit that life." They say the claim was concocted as a legal strategy and tried to show you just can't give the mob walking papers.

They presented the testimony of Bonanno Family Capo Dominick Cicale, who said you can only leave the Mafia by cooperating with the federal government or by dying. But others have walked away and lived to tell about it.

The most noted examples were the founder of the Bonanno crime family, the late Joseph Bonanno, and his son, Salvatore "Bill" Bonanno. Bill told Fox News in 2006 that he thought John Gotti Jr. had indeed left what they call "the life," in 1999, seeing what the world glamorized by "The Godfather" had really become.

In his book, "A Man of Honor: The Autobiography of Joseph Bonanno," Bonanno wrote: "The world I grew up in is gone and what is left is in ruins. The Mafia stories continue, however, regardless of the emptiness behind them."

Bonanno wrote those words in 1999, not only the same year Gotti, Jr. claims he dropped out, but the year that the "The Sopranos" debuted on HBO, giving America a new, fictional mob fascination.

"The Sopranos" ended with the famous, and controversial, black-out scene. No Tony in handcuffs, no Tony walking away. Just Tony eating with his family. We think he's still out hustling in New Jersey and then dining at the Vesuvio with Carm. But in real life, organized crime careers have voluntarily ended with the finality viewers were denied by "The Sopranos" nebulous ending.

"You can quit the mob, I've done it," former Columbo crime family Capo Michael Franzese told Fox News.

The 58-year-old Franzese is the son of John "Sonny" Franzese, "a kingpin of the Columbo crime family," as Michael's Web site, MichaelFranzese.com, puts it. But after being released from prison, he became a born-again Christian, motivational speaker, producer and author. His latest book, "I'll Make You An Offer You Can't Refuse," applies what he learned in the mob to the business world - legally.

"You've got to be crazy to stay in the life," says Franzese. "Like me, John wasn't destined for this life and neither was I. I was going to school to become a doctor. I question my own self at times. I did this for my dad. At one point I wanted him to be proud of me, and I think John shares a similar feeling like that. So we got into it for one reason and realized what it was all about, and maybe had second thoughts."

The most intriguing, and surprising evidence of precedent for departing the ranks of wise-guys and not being stuffed in a barrel and dumped in the ocean, was a 1985 F.B.I. wiretap of Aniello Dellacroce. The then 71-year-old mob patriarch suffered from terminal cancer, and as the reputed underboss of the Gambino Crime Family at the time, he actually explained how the Gambinos had kicked someone out.

Dellacroce, who was the mentor of John Gotti Jr.'s father, was secretly recorded talking about a dismissed crime family member on June 9, 1985, in his home on Staten Island, New York, six months before he died.

"We threw him out of the Family," Dellacroce explained.

"So, youse knocked him down," responded a listener, meaning the man in question was demoted.

"No,"responded Delleacroce. "He's out of the family."

"He's out?" asked his friend, incredulously.

"Yeah," said Dellacroce. "We threw him out. Out."

"You threw him out?"

"Out. He don't belong in the Family no more. Any friend of yours, any, any friend of ours in the street...that you see...you tell them. This guy, he ain't in the family no more. You don't have nothin' to do with him. That's it."

Four days later, another FBI wiretap heard the group discussing their lawyers, and their visit to one lawyer's office.

"My God, what a layout he's got. They got more customers... Michael Franzese was there," noted one speaker, impressively.

During that tape, they resumed discussing the banished former Gambino.

"This guy is out, We threw him out," the group was reminded and then they start arguing about that possibility.

"I heard (this guy) was just taken down, he wasn't thrown out." said one.

"This guy was thrown out. Ya understand?" Dellacroce snapped. "Nobody's gonna bother with him...I wouldn't bother with him and nobody else would...I'll explain to him a little better this time…Maybe he didn't get the message right... Threw him out, that's, that's right. We threw him out...They don't understand English," said Dellacroce, trying to finally get his message through.

Even Sammy "The Bull" Gravano, who later served as the Gambino Underboss, quit by agreeing to testify against the senior Gotti in 1992. Gravano wrote in his book, "Underboss: Sammy the Bull Gravano's Story of Life in the Mafia," that he when he walked in to meet Gotti's prosecutor, he declared: "I want to switch governments," meaning from the Gambinos to Uncle Sam. He later was caught running a drug ring in Phoenix after he served five years for 19 murders, and is now back in prison.

The current, active members of Cosa Nostra may not agree, but history shows that even their leaders, at the highest levels -- including the bosses of two crime families- have walked away. And now a jury, once again, is trying to determine if John Gotti, Jr. did just that.

"I can tell you, unmistakably, that he has left that life," John's sister, Victoria, told Fox News. "We're not talking about a guy that is being paraded out there and there are videotapes or audio tapes of John with present day mob members," she notes, indirectly alluding to the avalanche of wiretaps and surveillance videos the Feds used as evidence against her father.

"John is no part of that life anymore," she adds. "I believe they know that deep in their hearts and in their brains."

Meanwhile, John Gotti, Jr. waits for a verdict -- if there is one.

Thanks to Eric Shawn

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The Other Chicago Mob: The True Story of Gary Cohen Man in Blue

The Other Chicago Mob the story of Officer Gary Cohen, a cop from 1966 to 1988. He and his brother officers were almost universally opportunists, crooks, and in some way on the take in a police department set up to facilitate dishonest activity. This is the story of a crooked cop in a dishonest system that is part of a dysfunctional city government. It describes a forty-year cover-up as Gary crosses the thin blue line and breaks the code of silence to set history right. The Other Chicago Mob is the police department, and the story explains how it works, names individuals, takes you on the streets and down in the subways in this never before told true police story. Walk the streets and alleys of Chicago and see what being a cop was really about.

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Gomorrah DVD

Matteo Garrone's GOMORRAH is a dense, sprawling exposé of the corruption plaguing the communities of Naples and Caserta in modern-day Italy. all-powerful Camorra syndicate influences the lives of even the most innocent citizens. In a manner similar to THE WIRE, Garrone tells his story from many different angles, resulting in a complicated narrative that often feels novelistic. In many cases, the revolving stories never overlap or intersect. While that may be jarring to those viewers who are used to having their strings tied neatly for them by a film's conclusion, Garrone's decision results in an experience that feels much more honest and true. We witness the syndicate's impact from the top down and from the inside out, following a cavalcade of characters who are all trying in their own ways to escape the deadly world in which they live.

Based on the book by Roberto Saviano, Garrone's crime epic is a powerful indictment of the corruption that is running rampant in Italy. His decision to present such a wide spectrum of characters enables him to show just how deeply everyone is impacted by this terrifying, unchecked display of criminal power. Cinematically, he employs a dizzying array of styles in order to further establish the frighteningly ungoverned atmosphere that pervades this community. GOMORRAH succeeds as both visceral entertainment and thoughtful social commentary. (2 hrs. 17 min.)

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Mario Rainone, Reputed Chicago Mobster, Pleads Guilty to Residential Burglary

A reputed member of the Chicago mob was sentenced to 71/2 years in prison Monday when he pleaded guilty to burglarizing a Lincolnshire house.

Mario Rainone, 54, pleaded guilty to residential burglary during a hearing before Lake County Associate Judge George Bridges.

At the time of the Feb. 12 burglary, Rainone was on parole for a racketeering and conspiracy conviction in federal court for his activities as a member of the Leonard Patrick Street Crew.

Assistant State's Attorney Marykay Foy said Rainone, of Addison, and Vincent Forliano, 39, of Bloomingdale, were under surveillance by a task force of police from several jurisdictions in northern Illinois.

Police watched as the pair drove from Bloomingdale to Trafalgar Square in Lincolnshire, walked into a condominium complex and emerged a few minutes later with property under their coats.

Officers followed them to an intersection in Addison, where their car was stopped and they were arrested after a purse, cash and jewelry taken from the Lincolnshire house was found in the vehicle.

Both were charged with residential burglary, which Foy said carries a mandatory prison sentence of four to 15 years upon conviction.

Foy said Rainone was convicted of residential burglary in 1972, and in 1992 pleaded guilty to the federal racketeering charge in exchange for a sentence of 171/2 years in prison.

He is currently charged with violating his parole in that case and faces another federal charge of possession of a weapon by a felon based on a handgun that was discovered in his house after his arrest in the Lincolnshire case.

In addition, Foy said Rainone faces federal charges of bribery in Wisconsin for having contraband food smuggled into the prison where he was serving time.

Forliano has pleaded not guilty to charges in the Lincolnshire case and is scheduled to appear in court Jan. 27.

Thanks to Tony Gordon

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Patrick Tuite Settles Lawsuit Over Double Deal

The Reader received the other day a nearly blank sheet of paper passing itself off as a press release. At the top of the sheet PRESS RELEASE had been typed, and beneath that heading this message:

"The case of Tuite vs. harper Collins, Michael Corbitt and Sam Giancana has been resolved. All terms of the settlement are confidential. The reference to Patrick Tuite was removed from the paperback edition of the book Double Deal prior to its publication in 2003."

There was a cover letter, equally terse.

"Dear Sir or Madam: In that your publication previously reported on the litigation for defamation brought by Patrick Tuite, the enclosed Press Release may be of interest to your readers. The release is self-explanatory and no additional information is available."

It was signed by Paul M. Levy of the Loop law firm Deutsch, Levy & Engel.

The press release was self-explanatory in the sense that it said why it said nothing. Because the terms are confidential, that's why. I called Levy and, chancing an immediate hang-up, asked who he was. He said he represented Tuite. Why are the terms confidential? I asked. He did not have to answer such a prying question, but he did.

"By agreement of the parties," he said. "We felt it was an appropriate element of the settlement."

The Tuite suit was major litigation. I wrote about it frequently for the Reader, and at some length. Tuite is a prominent criminal defense attorney who believed he was slandered in Double Deal, a 2003 book written by a mobbed-up ex-cop, now dead, and by the godson of the former Chicago mob godfather. In the book, Corbitt, the cop, told a story about making a run out to Salt Lake City to pick up $1 million stuffed into a couple of duffel bags. Corbitt said he understood the money was needed to hire a "big-shot lawyer" — Tuite — to defend mob boss Joey Aiuppa against federal charges.

"After Tuite was on the case, all the guys were sort of semijubilant. Everybody figured Tuite had it all handled..." Corbitt wrote. "So you can imagine their reaction when they were all found guilty the following January...

"And what about Tuite? What kind of explanation could he possibly have given for this result? I can't think of one that would've satisfied me--not after advancing him a million bucks for his legal fees. And I guess that's why, for the life of me, I've never understood why Pat Tuite didn't get whacked. Go figure."

The theory Tuite advanced in his lawsuit for why he didn't get whacked was that there was no million dollars and he didn't even represent Aiuppa. His suit failed at the circuit court and appellate levels on the grounds that Illinois' "innocent construction rule" required the courts to measure arguably slanderous language by its most benign interpretation, which in this case was simply that the mob thought Tuite was one crackerjack attorney. Tuite appealed to the Illinois Supreme Court. He went beyond arguing that the lower courts had misapplied the innocent construction rule. He called the rule an "anachronism" and asked the supreme court to abolish it.

First Amendment attorneys leaped to the rule's defense. The Reader, the Tribune, the Sun-Times, ABC, CBS, WLS, Crain Communications, the Copley Press, the Illinois Broadcasters Association, and Simon & Schuster joined in an amicus brief that called Tuite's request "profoundly ill-advised." The brief argued that the innocent construction rule "preserves writers, publishers and broadcasters from the chilling effect of having to mount a lengthy and expensive defense of marginal and abusive cases." If, occasionally, it's misapplied, "that...does not mean you throw it out; that is what appellate review is for."

I first wrote about Tuite's suit in 2006, when Tuite took his suit to the supreme court. A few months later I examined what was to me the tortured logic by which that court both ruled for Tuite but managed to keep the innocent construction rule alive. When defense attorneys asked the court for a rehearing, I wrote about the Tuite suit a third time. And that was that. A rehearing wasn't granted and Tuite's suit returned to circuit court for trial. But in the end — I was able to find this out — the two sides agreed to let a mediator work out terms everyone could live with.

Those are the terms that are none of our business.

The note from Levy wasn't quite as succinct or dramatic a message as a dead fish dropped on your doorstep. But it came close. The message: It's over; Fuhgeddaboutit!

Which I'm afraid I and the various parties to the amicus brief had begun to do as soon as the innocent construction rule was saved. It was unpleasant of Levy to tell us so little. But it was nice of him to remember that we once cared.

Thanks to Michael Miner

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