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GOTTI TRIAL ROUND 3
May 8th 1990.
Manhattan Criminal Court.
John Gotti's third victory against the government was to be his last. For the lawyers prosecuting the case it should have been all over after this one. But John Gotti had an ace up his sleeve in the shape of the ever-flamboyant Bruce Cutler, who would defend Gotti to another victory.
The case was built around the attempted murder of union official John O'Connor. John O'Connor had trashed a Gambino sponsored restaurant for using non-union labour. O'Connor clearly had no idea who he was dealing with. On May the 7th 1986, members of the Westies gang, a gang of tough Irish hoodlums shot O'Connor a total of four times in the back severely injuring O'Connor who was lucky to survive.
The prosecution also had what they claimed was a conversation between Gotti and one of his soldiers, telling his soldier "we're gonna bust him up". However this wasn't clear and Bruce Cutler used this to his advantage. The prosecution lawyer Michael Cherkasky, was convinced that Gotti had ordered the hit, however his problem would be to convince the jury of this. But with Cutler in fine form this wasn't going to be easy.
Cherkasky played the tape to the jury, Cutler then ripped into the evidence. Saying, "if this is the sort evidence that you have brought to try and convince the jury with, then I could have stayed at home". He also claimed that the authorities sometimes enhance the speech on the tape and even got one of the FBI guys to admit that in some cases when speech was unclear they would have to enhance the content on the tape. Needless to say this did not go down well with the prosecution.
On February 8th1990 a jury of seven women and five men, voted 11 to 1 in favour of acquittal. On hearing the jury foreman say not guilty a total of 12 times, one for each count of the indictment, John Gotti clenched his fist and punched the air and bear hugged his team of lawyers. Gotti was free. Once again the government had failed in their attempt to get Gotti and from this day forward John Gotti would be known as the Teflon Don.

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