Tuesday, August 12, 2008

Gotti case hangs on one specific date in 2003

Newsday reports:
For John A. Gotti, the son of the late Gambino crime boss, the most important date in his life now is July 27, 2003.

Why? Because that is the day five years before his indictment last month on racketeering charges. Federal prosecutors must prove Gotti was involved in the machinations and conspiracy of the Gambino crime family during those five years to convict the 44-year-old mob scion from Oyster Bay Cove, according to legal experts.

Under federal law, if a defendant shows that he or she withdrew from a conspiracy five years before the indictment, any crimes committed by other conspirators after that deadline can't be used against a statute of limitations defense, said noted Manhattan appellate attorney Jon Pollok.