Lawyer for Kimberly and Gianna Gotti, wife and daughter of former Gambino crime family boss, wants assault case dropped
The misdemeanor assault case against the wife and daughter of John “Junior” Gotti, the former acting head of the Gambino crime family, hit a snag on Wednesday when a Nassau District Court judge questioned whether prosecutors had enough supporting evidence to bring the charges to trial.
Kimberly Gotti, 56, and Gianna Gotti, 24, were arrested Feb. 2 after allegedly attacking a parent at the Locust Valley High School gym during a basketball game against Oyster Bay High School.
Both women were accused of punching, kicking and ripping the wig off Crystal Etienne, whose son was also at the game.
In her deposition, Etienne said that the women were calling the players and fans from Locust Valley homophobic and racially charged names throughout the game. When asked to stop, the parent said both Gotti women attacked her, striking her and knocking her to the ground and ripping her wig off with such force, she said, “I felt my scalp was going to be ripped off.”
Etienne identified her attackers by their clothes, but in depositions read in court on Wednesday, the women were not named until they were both in handcuffs, coming out of the gym.
“Why are the supporting depositions sufficient?” District Judge David Goodsell asked during a bench conference. “There is no identification.”
Defense lawyer Gerard Marrone said the notoriety of the Gotti name worked against the women, making them easy targets for the arresting officers.
“It was pointed out by the athletic director, that was John Gotti, and the victim was saying she was attacked by two females,” he said. “So, the name Gotti was thrown around. The Gotti girls, the mom and the daughter, were arrested. The victim only identified my clients once they were arrested walking out of the gym in handcuffs.”
The judge asked Nassau district attorney bureau chief Dana Grossblatt to “nail down the sufficiency of the accusatory instrument.”
“I think it is grounds for a motion,” Goodsell said. Marrone said that he would be asking for both cases to be dropped.
Nassau County district attorney spokeswoman Nicole Turso said the office “intends to move forward with the case.”
Before questions arose about it, prosecutors on Wednesday offered a “global settlement” on the case under which they would dismiss the charges against Gianna Gotti if she was not rearrested in the next six months. She would also be required to go to anger management classes. Her mother would have to plead guilty to misdemeanor assault under the deal.
Marrone argued that Kimberly Gotti should not have to plead guilty for her daughter to get her case dismissed.
“Everybody from our side was defending themselves,” Marrone said. “Gianna Gotti was pulling her mother off [the alleged victim].”
According to the lawyer, both women have maintained that Etienne was the aggressor, as was her son.
“If anything, she started the fight,” Marrone said. “She was ranting and raving at the police. She was cursing my client. Hair being pulled does not rise to the level of an assault.”
At one point during a contentious back and forth between Marrone and Grossblatt during the bench conference, the judge invited the prosecutor and the defense lawyer to “go back out in the hall and arm wrestle if you want to.”
Goodsell gave the defense lawyer until June 4 to file his motion to dismiss.
The Gottis sat in the back of the courtroom until the hearing was over and at one point one of them could be heard saying, “They’re trying to make a federal case out of it.”
John "Junior" Gotti, who was sentenced to 6 years in federal prison for racketeering and extortion in 1999 but was acquitted in four other trials, said that he didn’t want to blame the Gotti name for his trouble.
“I don't want it to do that. It's a crutch and I never used it as a crutch before and I won't use it now. However, pay attention to this case,” he said.
Overall, he said he felt good about the direction the case was taking.
“We’ll let it all play out,” Junior Gotti said. “We're going to be just fine.”
Etienne did not immediately respond to a call and text message seeking comment.
The misdemeanor assault case against the wife and daughter of John “Junior” Gotti, the former acting head of the Gambino crime family, hit a snag on Wednesday when a Nassau District Court judge questioned whether prosecutors had enough supporting evidence to bring the charges to trial.
Kimberly Gotti, 56, and Gianna Gotti, 24, were arrested Feb. 2 after allegedly attacking a parent at the Locust Valley High School gym during a basketball game against Oyster Bay High School.
Both women were accused of punching, kicking and ripping the wig off Crystal Etienne, whose son was also at the game.
In her deposition, Etienne said that the women were calling the players and fans from Locust Valley homophobic and racially charged names throughout the game. When asked to stop, the parent said both Gotti women attacked her, striking her and knocking her to the ground and ripping her wig off with such force, she said, “I felt my scalp was going to be ripped off.”
Etienne identified her attackers by their clothes, but in depositions read in court on Wednesday, the women were not named until they were both in handcuffs, coming out of the gym.
“Why are the supporting depositions sufficient?” District Judge David Goodsell asked during a bench conference. “There is no identification.”
Defense lawyer Gerard Marrone said the notoriety of the Gotti name worked against the women, making them easy targets for the arresting officers.
“It was pointed out by the athletic director, that was John Gotti, and the victim was saying she was attacked by two females,” he said. “So, the name Gotti was thrown around. The Gotti girls, the mom and the daughter, were arrested. The victim only identified my clients once they were arrested walking out of the gym in handcuffs.”
The judge asked Nassau district attorney bureau chief Dana Grossblatt to “nail down the sufficiency of the accusatory instrument.”
“I think it is grounds for a motion,” Goodsell said. Marrone said that he would be asking for both cases to be dropped.
Nassau County district attorney spokeswoman Nicole Turso said the office “intends to move forward with the case.”
Before questions arose about it, prosecutors on Wednesday offered a “global settlement” on the case under which they would dismiss the charges against Gianna Gotti if she was not rearrested in the next six months. She would also be required to go to anger management classes. Her mother would have to plead guilty to misdemeanor assault under the deal.
Marrone argued that Kimberly Gotti should not have to plead guilty for her daughter to get her case dismissed.
“Everybody from our side was defending themselves,” Marrone said. “Gianna Gotti was pulling her mother off [the alleged victim].”
According to the lawyer, both women have maintained that Etienne was the aggressor, as was her son.
“If anything, she started the fight,” Marrone said. “She was ranting and raving at the police. She was cursing my client. Hair being pulled does not rise to the level of an assault.”
At one point during a contentious back and forth between Marrone and Grossblatt during the bench conference, the judge invited the prosecutor and the defense lawyer to “go back out in the hall and arm wrestle if you want to.”
Goodsell gave the defense lawyer until June 4 to file his motion to dismiss.
The Gottis sat in the back of the courtroom until the hearing was over and at one point one of them could be heard saying, “They’re trying to make a federal case out of it.”
John "Junior" Gotti leaves Nassau County District Court in Hempstead Wednesday after his wife and daughter appeared there. Credit: Newsday / Alejandra Villa Loarca
John "Junior" Gotti, who was sentenced to 6 years in federal prison for racketeering and extortion in 1999 but was acquitted in four other trials, said that he didn’t want to blame the Gotti name for his trouble.
“I don't want it to do that. It's a crutch and I never used it as a crutch before and I won't use it now. However, pay attention to this case,” he said.
Overall, he said he felt good about the direction the case was taking.
“We’ll let it all play out,” Junior Gotti said. “We're going to be just fine.”
Etienne did not immediately respond to a call and text message seeking comment.
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