'Junior' Gotti's 4th mob mistrial may be his last

[Modbert]

'Junior' Gotti's 4th mob mistrial may be his last - Yahoo! News

NEW YORK – A new judge, new charges, new star witness and a new jury added up to a familiar result — a mistrial for John "Junior" Gotti on racketeering charges. This one, though, might be his last.

After four trials in five years — all ending in hung juries — for the son of John Gotti, the stylish former head of the Gambino family, both sides seem weary of the fight.

Once a deadlocked jury forced an end to the 2-month-old trial Tuesday, jurors hugged Gotti's family outside federal court. Prosecutors did not demand he be held under house arrest or announce plans for a retrial. A prosecutor shook his hand and wished him well.

This prosecution seemed to be the government's most serious attempt to permanently incarcerate the 45-year-old man who has admitted he was once part of the Gambino crime family before he quit in the 1990s.

Federal prosecutors in Tampa, Fla., brought the latest case in 2008, but it was returned to Manhattan by a judge who said he was left with the "unmistakable and disquieting impression" that the government had shopped for a trial location where it might finally win. The three previous trials had been in Manhattan.

By the trial's end, eight of 12 jurors were willing to acquit Gotti.

So "Junior" goes 4-0 against The U.S. Government. The end of the article makes a good point however, how many times should they bring the same case forth over and over?

Should there be laws against the number of times the Government can go after someone for a charge that keeps resulting in a hung jury?

Thoughts?

 

[xotoxi]

Should there be laws against the number of times the Government can go after someone for a charge that keeps resulting in a hung jury?

Thoughts?

I am more curious as to why we really need to know the status of the jury's genitals.

I don't care if they are well hung, nor do I feel it to be applicable.

 

[Modbert]

I am more curious as to why we really need to know the status of the jury's genitals.

I don't care if they are well hung, nor do I feel it to be applicable.

Why am I not surprised you were the one who pointed that out Xo?

 

[Yurt]

obama administration

 

[foggedinn]

The way I see it, four hung juries makes a strong case for reasonable doubt.

I know of situations here in Mississippi in the smaller counties where one major criminal prosecution can bankrupt the whole county. These prosecutors have way to much funding.

 

[lawbuff]

So "Junior" goes 4-0 against The U.S. Government. The end of the article makes a good point however, how many times should they bring the same case forth over and over?

Should there be laws against the number of times the Government can go after someone for a charge that keeps resulting in a hung jury?

Thoughts?

There is. The Due Process Clause of the 14th AM applies. I did research on this many years ago and the most trials I saw were 4. As a hung jury is not a double jeopardy concern, the Due Process Clause is alive. This time his lawyers will have a VERY strong basis for preventing another.