Peter Gotti will die behind bars because he’s not sick enough to warrant early release, a judge ruled Wednesday.
Manhattan federal court judge Colleen McMahon issued the decree following multiple requests from lawyers for the ex-Gambino boss that he be sprung from jail early due to illness.
“I have no doubt whatever that Gotti — who has the burden of showing that ‘extraordinary and compelling reasons’ to reduce his sentence exist — has established that he suffers from a plethora of serious, debilitating, and progressive medical conditions,” McMahon wrote. “However, he has not shown that he has a terminal illness or a serious physical or medical condition that has substantially diminished his ability to provide self-care within the environment of a correctional facility.”
“Many of Gotti’s claimed conditions are heart or lung conditions, which, according to the BOP, are adequately treated and monitored,” the jurist’s ruling read.
Lawyers for the 80-year-old have repeatedly insisted he’s on his deathbed, suffering from an enlarged prostate, gastric reflux and early onset dementia. So far, he’s served 17 years of a 25-year sentence for racketeering.
McMahon also sided with prosecutors that Gotti continued to pose a danger to the community, despite claims from his lawyers that the sickly wiseguy was incapable of violence and is a changed man.
“Gotti headed one of the most vicious and violent organized crime organizations in New York for a period of years,” MacMahon wrote. “I reject the notion that Gotti is no longer a threat to the community. The danger posed by a Gambino Family leader like Gotti is not that he will personally engage in acts of violence, but that he can command others to do so.”
A lawyer for Gotti did not immediately return a message.
Original Post https://nypost.com/2020/01/15/peter-gotti-will-die-in-prison-after-judge-rejects-plea-for-early-release/