Surviving the Mob - Dennis Griffin [101]
“Mike’s lawyers went as far as trying to blame me and two other Gambino soldiers for the murders of Robert Arena and Thomas Maranga. I wonder if those guys were happy with Mike’s decision to implicate them in a double homicide just to save his own ass. Was that an example of the idealistic Mob rules we hear about? No, it was not. But it does illustrate the big lie that the Mob of today is built on.
“For the record, it should be known that testifying brought me no pleasure, only sadness. I thought Mike was throwing his life away to appease and protect those in power who didn’t give a rat’s ass about guys like him or me. But it was his decision and he’d have to live with it.
“When my testimony was over, I left the stand knowing I’d done what I had to do. But I was glad it was over.”
The jury got the case on September 8. On September 20, the judge declared a mistrial in the case against Junior Gotti. Michael Yannotti was convicted on only one count: racketeering conspiracy based on the extortion and loansharking aspects of the racketeering charges. And these were the allegations that Andrew addressed in great detail during his testimony, over the strenuous objections of Yannotti’s lawyer.
YANNOTTI TAKES IN SOME MONEY ...
On January 26, 2006, an article appeared in the Gang Land News relating to a rather odd fundraiser that had been held a couple of weeks earlier. The event was a well-attended $1,000-a-plate dinner to help pay the legal fees the incarcerated Mike Yannotti accumulated during his 2005 racketeering trial. Sources told Gang Land that between $250,000 and $400,000 was raised.
It was reported that more than 300 of Yannotti’s friends and associates showed up to demonstrate their support for the alleged gangster. For their donations, the attendees were treated to a buffet, beer, and wine, but no hard liquor. Nicky Corozzo was listed as a no-show.
Although Nicky wasn’t at the event, Andrew believes he was the catalyst behind it.
“I think the fundraiser was orchestrated by Nicky and was more or less a shakedown. He probably put the word out that everyone was expected to attend the event and nobody dared to not show up. Don’t forget that Mike no doubt had enough on Nicky to bury him if he ever flipped. Raising money for Mike’s legal fees would have been a good move on Nicky’s part.”
... BUT LOSES BIG
In November 2006, Yannotti appeared before Judge Shira Scheindlin for sentencing. Probation officials anticipated he’d get four years of prison time. However, to the surprise of many, Scheindlin slapped Mikey Y with the maximum allowable sentence of 20 years.
Prosecutors had argued that she should consider the attempted murder of Curtis Sliwa when deciding on Yannotti’s punishment. Even though he was acquitted of the charge, the government contended that ample proof of his guilt had been presented. A number of observers concluded that the judge agreed with the prosecution’s argument. But that wasn’t the only hit the convict suffered at the hands of the legal system.
Following his conviction, Yannotti filed an appeal. One of his complaints was that Andrew’s testimony at trial was inappropriately allowed into evidence. The United States Court of Appeals for the Second Circuit heard the case in August 2007. The decision was rendered in September 2008.
Per Federal Rules of Evidence 701, three conditions must be met in order to allow lay testimony into evidence: It must be rationally based on the perception of the witness, helpful to a clear understanding of the witness’ testimony or the determination of a fact in issue, and not based on scientific, technical, or other specialized knowledge.
The Court ruled that Andrew’s testimony met all three of those conditions and the decision by the trial court to allow his testimony was affirmed.
25
Closing in on Nicky
February 2008 was not a good month for Nicky Corozzo. He was one of