Gotti Not Likely to Be Tried Again: Report

Sources say investigators fear jury pool is tainted

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    NEWSLETTERS

    Junior "John" Gotti says he's very happy to be a free man, especially at this time of year. (Published Thursday, Dec 3, 2009)

    Gotti's got it good – or at least that's how things are looking after the accused mobster's racketeering trial ended up getting tossed out earlier this week.

    For the fourth time, jurors failed to reach a verdict on any of the racketeering or murder charges against Junior "John" Gotti – and the feds, while frustrated that they haven't gotten a conviction in four trials in the last five years, think trying the Gambino crime boss for a fifth time would achieve the same futile results, according to a report. 

    The jury pool has been tainted by the first four attempts, and it's unlikely any panel would ever find the mob scion guilty, sources told the Daily News. Some of the jurors in Gotti's most recent case agreed it was time to move on, saying that to continue the circus of trying Gotti, which is what it by all accounts became, would be a waste of time and taxpayers' money. Judge Kevin Castel was forced to declare a mistrial on Tuesday after jurors sent him a third note saying they were unable to reach an unanimous verdict.

    Meanwhile, Gotti, who spent about a year in jail after being arrested on murder and racketeering charges, is enjoying his newfound freedom.

    "Today is a holiday," a smiling Gotti, dressed in a dark blue velour track suit, told the News as he emerged from his Long Island mansion yesterday for breakfast. "I have a lunch date later with my uncle. Beyond that, I don't know much about the future."

    Moving down South may be on the agenda, he said later – maybe to the Panhandle or North Carolina, according to the News.

    "I can't control how people react to the Gotti name, but I can control where I live," Gotti said.

    Family members claim "Junior" Gotti has been a government target simply because of his last name. The 45-year-old mobster, born on Valentine's Day in Queens, led the Gambino crime family for much of the 1990s while his father was in prison.

    Gotti wants his six children to have something he didn't have while he was growing up – a present father. His dad had already spent nine years behind bars by the time he was 13. Gotti got started making up for lost time yesterday, taking his two youngest children to Toys "R" Us, where he bought stuffed animals, balls and a minimotorcycle, reports the News.