John Gotti - 1992 Conviction

1992 Conviction

On December 11, 1990, FBI agents and New York City detectives raided the Ravenite Social Club, arresting Gotti, Gravano and Frank Locascio. Gotti was charged, in this new racketeering case, with five murders (Castellano and Bilotti, Robert DiBernardo, Liborio Milito and Louis Dibono) conspiracy to murder Gaetano "Corky" Vastola, loansharking, illegal gambling, obstruction of justice, bribery and tax evasion. Based on tapes from FBI bugs played at pretrial hearings the Gambino administration was denied bail and attorneys Bruce Cutler and Gerald Shargel were both disqualified from defending Gotti after determining they had worked as "in-house counsel" for the Gambino organization. Gotti subsequently hired Albert Krieger, a Miami attorney who had worked with Joseph Bonanno, to replace Cutler.

The tapes also created a rift between Gotti and Gravano, showing the Gambino boss describing his newly-appointed underboss as too greedy and attempting to frame Gravano as the main force behind the murders of DiBernardo, Milito and Dibono. Gotti's attempt at reconciliation failed, leaving Gravano disillusioned with the mob and doubtful on his chances of winning the newest case without Shargel, his former attorney. Gravano ultimately opted to turn state's evidence, formally agreeing to testify on November 13, 1991.

Gotti and Locascio were tried in the United States District Court for the Eastern District of New York before United States District Judge I. Leo Glasser. Jury selection began in January 1992, with the empaneled jury being kept anonymous and, for the first time in a Brooklyn Federal case, fully sequestered during the trial due to Gotti's reputation for jury tampering. The trial commenced with the prosecution's opening statements on February 12; prosecutors Andrew Maloney and John Gleeson began their case by playing tapes showing Gotti discussing Gambino family business, including murders he approved, and confirming the animosity between Gotti and Castellano to establish the former's motive to kill his boss. After calling an eyewitness of the Sparks hit who identified Gotti associate John Carneglia as one of the men who shot Bilotti they then brought Gravano to testify on March 2.

On the stand Gravano confirmed Gotti's place in the structure of the Gambino family and described in detail the conspiracy to assassinate Castellano and gave a full description of the hit and its aftermath. Krieger, and Locasio's attorney Anthony Cardinale, proved unable to shake Gravano during cross-examination. After additional testimony and tapes the government rested its case on March 24.

Five of Krieger and Cardinale's intended six witnesses were ruled irrelevant or extraneous, leaving only Gotti's tax attorney Murray Appleman to testify on his behalf. The defense also attempted unsuccessfully to have a mistrial declared based on Maloney's closing remarks. Gotti himself became increasingly hostile during the trial, and at one point Glasser threatened to remove him from the courtroom. Among other outbursts, Gotti called Gravano a junkie while his attorneys sought to discuss Gravano's past steroid use, and he equated the dismissal of a juror to the fixing of the 1919 World Series.

On April 2, 1992, after only 14 hours of deliberation, the jury found Gotti guilty on all charges of the indictment (Locasio was found guilty on all but one). James Fox, director of the New York City FBI, announced at a press conference, "The Teflon is gone. The don is covered with Velcro, and all the charges stuck." On June 23, 1992, Glasser sentenced both defendants to life imprisonment without the possibility of parole and a $250,000 fine.

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