Jurors Deadlocked In John Gotti Trial

The jury has told the judge that they cannot come to a unanimous decision in the case against John A. Gotti.

As the NYT points out, this will be the third mistrial in one year’s time for Mr. Gotti on the racketeering charges.

One of the most debated issues is whether or not Mr. Gotti ‘resigned’ from the mob “some time before July 1999″:

If he quit before that date, he would be immune from prosecution because the five-year statute of limitations on the racketeering charges would have expired. Mr. Gotti’s defense is that he did, in effect, resign from the mob some time in 1999.

During the trial, both the defense and the prosecution played F.B.I. recordings of Mr. Gotti while he was in prison from 1999 to 2004 in Ray Brook federal penitentiary. During some of the tapes, Mr. Gotti is heard telling visitors that he has left his previous life of crime behind. In others, it sounds as if he may still have had a role in the Gambino family even while he was in prison.

After the judge’s note was read, prosecutors quickly left the courtroom with grim faces, while Charles Carnesi, Mr. Gotti’s lead lawyer, flashed a broad smile.