Assault charges against Kimberly and Gianna Gotti should be tossed, defense attorneys say
John "Junior" Gotti's daughter Gianna, left, and his wife, Kimberly, appear in court in Hempstead on May 15. Credit: Newsday / Alejandra Villa Loarca
The misdemeanor assault charges against the wife and daughter of former acting mob boss John "Junior" Gotti should be tossed, their lawyers say in a 150-page motion filed with the court, because prosecutors took too long to bring the case to trial and withheld a prior criminal record of the woman they allegedly attacked.
The Nassau County District Attorney’s Office filed its own response, arguing it still has nearly two months left to bring the case to trial. Prosecutors also say they didn’t know about a prior misdemeanor conviction of the alleged victim but shared it as soon as they did.
Kimberly Gotti, 56, and her daughter, Gianna Gotti, 25, of Oyster Bay, were arrested on Feb. 8 after a brawl at a Locust Valley High School basketball game.
The pair is charged with beating up another parent, Crystal Etienne, 48.
Defense lawyers Gerard Marrone and Steven Christiansen said Etienne was the aggressor, "stalking" their clients in the gym after the game, and had to be restrained by others.
The Gotti women were arraigned the next day, starting the speedy trial clock for the case. Under New York law, an A misdemeanor charge must be brought to trial in 90 days.
The Nassau District Attorney’s Office filed a certificate of readiness for trial and a certificate of compliance regarding sharing the required evidence to be used at trial on April 3.
Defense lawyers say they never agreed to pause the timeline for the trial, which happens often in complicated criminal cases, and the district attorney has run out the clock. The lawyers also say that the prosecutors did not properly share all of the evidence, or discovery, in the case as is required under a 2020 criminal justice reform law.
Specifically, the lawyers say Etienne’s prior misdemeanor conviction for embezzling money from a car dealership where she worked as the comptroller was not disclosed until they brought it up at a hearing.
"At best, this information was hiding in plain sight," Marrone wrote in court records.
In 2017, Etienne, whose maiden name is Smalls, was arrested for stealing $50,000 from Auto World Kia in East Meadow. She pleaded guilty to a misdemeanor and agreed to repay the money.
Prosecutors said in court papers that Etienne denied ever being convicted; however, exhibits attached to the motions confirm she pleaded guilty to a misdemeanor charge.
Etienne's lawyer, Frederick K. Brewington, said the two cases are not related.
"What happened nine years ago has nothing to do with the violent actions of these defendants in that gym," Brewington said. "The fact that these two defendants would try to intimidate my client is consistent with the way they acted on that day. Their attempts to attack the reputation of the victim are not going to work."
The prosecutors said they turned over 711 pieces of evidence to the defense counsel and argued that the judge should look at the "totality" of the discovery turned over in making his decision.
The judge in the case will hear oral arguments on Tuesday in First District Court in Hempstead to determine if the case will go forward.
The misdemeanor assault charges against the wife and daughter of former acting mob boss John "Junior" Gotti should be tossed, their lawyers say in a 150-page motion filed with the court, because prosecutors took too long to bring the case to trial and withheld a prior criminal record of the woman they allegedly attacked.
The Nassau County District Attorney’s Office filed its own response, arguing it still has nearly two months left to bring the case to trial. Prosecutors also say they didn’t know about a prior misdemeanor conviction of the alleged victim but shared it as soon as they did.
Kimberly Gotti, 56, and her daughter, Gianna Gotti, 25, of Oyster Bay, were arrested on Feb. 8 after a brawl at a Locust Valley High School basketball game.
The pair is charged with beating up another parent, Crystal Etienne, 48.
Defense lawyers Gerard Marrone and Steven Christiansen said Etienne was the aggressor, "stalking" their clients in the gym after the game, and had to be restrained by others.
The Gotti women were arraigned the next day, starting the speedy trial clock for the case. Under New York law, an A misdemeanor charge must be brought to trial in 90 days.
The Nassau District Attorney’s Office filed a certificate of readiness for trial and a certificate of compliance regarding sharing the required evidence to be used at trial on April 3.
Defense lawyers say they never agreed to pause the timeline for the trial, which happens often in complicated criminal cases, and the district attorney has run out the clock. The lawyers also say that the prosecutors did not properly share all of the evidence, or discovery, in the case as is required under a 2020 criminal justice reform law.
Specifically, the lawyers say Etienne’s prior misdemeanor conviction for embezzling money from a car dealership where she worked as the comptroller was not disclosed until they brought it up at a hearing.
"At best, this information was hiding in plain sight," Marrone wrote in court records.
In 2017, Etienne, whose maiden name is Smalls, was arrested for stealing $50,000 from Auto World Kia in East Meadow. She pleaded guilty to a misdemeanor and agreed to repay the money.
Prosecutors said in court papers that Etienne denied ever being convicted; however, exhibits attached to the motions confirm she pleaded guilty to a misdemeanor charge.
Etienne's lawyer, Frederick K. Brewington, said the two cases are not related.
"What happened nine years ago has nothing to do with the violent actions of these defendants in that gym," Brewington said. "The fact that these two defendants would try to intimidate my client is consistent with the way they acted on that day. Their attempts to attack the reputation of the victim are not going to work."
The prosecutors said they turned over 711 pieces of evidence to the defense counsel and argued that the judge should look at the "totality" of the discovery turned over in making his decision.
The judge in the case will hear oral arguments on Tuesday in First District Court in Hempstead to determine if the case will go forward.
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