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Gotti to Appeal Jailing Order

May 14, 1986

NEW YORK (AP) _ The reputed boss of the Gambino crime family has until Monday to persuade a federal appeals court to keep him out of jail after a judge revoked his $1 million bail.

U.S. District Judge Eugene Nickerson on Tuesday revoked John Gotti’s bail and ordered him jailed until his racketeering trial resumes in August.

Nickerson stayed Gotti’s detention until noon Monday, however, to allow him time to appeal to the 2nd U.S. Circuit Court of Appeals.

In addition to Gotti, 45, of Queens, prosecutors sought to jail his brother, Eugene Gotti, 39, of Valley Stream, and John Carneglia, 41, of Queens, but Nickerson refused.

The judge, however, ordered Eugene Gotti and Carneglia to find a steady job if they don’t have one, avoid contact with convicted criminals and potential witnesses and to stay away from six social clubs that are reputed mob haunts.

They and Gotti are among six men charged with racketeering and conspiracy for an alleged 18-year series of crimes including loan sharking, gambling, robbery and murder.

Last month, three weeks into jury selection, Nickerson abruptly recessed the trial until Aug. 18 because of widespread pretrial publicity and problems finding impartial jurors.

Assistant U.S. Attorney Diane Giacalone immediately moved to have the Gottis and Carneglia jailed in the interim, contending they had continued criminal activities while free on bail.

Ms. Giacalone also contended Gotti and the other two ″will attempt to obstruct justice or intimidate witnesses″ unless jailed.

Nickerson agreed that ″if continued on bail John Gotti would improperly influence or intimidate witnesses in this case″ and ″no conditions of release will assure that John Gotti will not improperly influence or intimidate witnesses.″

Based on the testimony of nearly a dozen federal and local law-enforcement agents, who said they observed Gotti meeting with other reputed mob leaders and receiving the respect normally reserved for a boss, the judge concluded that the evidence ″establishes clearly and convincingly that following the assassination of Paul Castellano in December of 1985 John Gotti became the boss of the Gambino Family.″

But after three days of hearings, Nickerson ruled that prosecutors had not proved Eugene Gotti and Carneglia would continue alleged criminal activity if allowed to remain free on bail.

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