John A. Gotti, son of the late mob boss, lost out Thursday on an attempt to get two murder charges dismissed from his upcoming federal trial slated to begin on Monday.
Manhattan federal Judge Kevin Castel denied a motion by Gotti to get two drug-related murder charges, as well as a drug conspiracy charge, cut out of the racketeering trial indictment.
Gotti, of Oyster Bay Cove, had argued through his attorneys that the two drug-related charges contained allegations of crimes that took place in Queens, and thus couldn't be tried in Manhattan federal court. The slayings involved the deaths of George Grosso and Bruce Gotterup in Queens.
But Castel said he would allow the government to try and prove its point at trial that the narcotics conspiracy underlying the murders involved conduct undertaken in the Southern district in Manhattan. That district covers not only Manhattan, but the Bronx, Westchester and certain other upstate counties but not Queens.
However, Gotti, whose father, John Gotti, was boss of the Gambino crime family until his death in 2002, nodded his head in agreement and seemed pleased with another decision by Castel. The judge said he will allow a statement to be read to the jury that Gotti was involved in three previous trials that resulted in mistrials. Those trials covered 2005 and 2006, with trial preparation back as far as 2004.
The defense is trying to show Gotti couldn't have been involved in Gambino crime family activity because of his legal problems and the fact he was incarcerated from 1999 until 2005.
Gotti faces life in prison if convicted of the latest charges.