At the same time, Gotti, whose father is Peter Gotti, brother of former Gambino acting boss John "Junior" Gotti, was hit with additional conspiracy counts. (No details about these new counts were readily available.)
|John Gotti, the grandson.|
Queens Supreme Court Justice Charles LoPresto decided that the grandson of the former legendary Gambino crime family boss should be allowed out on bail, though he's not going anywhere until a "bail sufficiency"✶ hearing is held.
The date has not yet been slated, according to a New York Post report.
Conditions for his release on bail include the wearing of an ankle bracelet. He also must surrender his passport.
Gotti has been in drug treatment while at Rikers, according to his attorney, Gerard Marrone.
The Daily News highlighted some of what the lawyer said at the hearing.
"Because of the name Gotti, he was not treated fairly here. In jail, he's been marked as high-profile, some sort of troublemaker, because of his name. He’s been in solitary confinement for five months and is doing harder time than anyone else."Furthermore, he said:
"Mr. Gotti is a 23-year-old kid with a very bad drug habit. He suffers from depression and from playing football as a kid suffers from concussions ... He needs a diversion program."
He’s been held without bail since August when law enforcement officers raided the Howard Beach home where his notorious grandfather once lived.
At the time, Gotti was already free on $25,000 bail for allegedly selling oxycodone pills 11 times to an undercover officer, the News noted. The selling allegedly occurred between December 2015 and April 2016.
"I learned my client was under investigation since July 2015, but they chose to arrest him at his family's home, the home of his grandfather John Gotti,"
Marrone told Justice Lopresto that police allegedly assaulted Gotti’s mother during the raid, the News reported. Marrone also accused prosecutors of entrapping his client so that they could hit him with charges that carry a potential sentence of life in prison.
|John "Junior" Gotti|
Marrone sought bail for the young Gotti by claiming that the judge who presided over Gotti's arraignment "had been misled into thinking his client was the “top of the pyramid” of the drug dealing operation," the News reported.
Assistant District Attorney David Chiang fired back by highlighting his belief that his office has "extremely strong evidence."
Gotti was allegedly "caught on camera selling oxycodone pills to an undercover cop for $23 to $24 per pill — collecting $46,000 total."
✶ What is a "bail sufficiency" hearing?
A bail sufficiency hearing or surety hearing is something you might hear (typically in drug or fraud cases) the judge say at the conclusion of the arraignment when he sets bail.That will add an extra layer or two of difficulty to getting the person out of jail. That means that before the city will accept bail for the accused, there must be a hearing (or the prosecutors must informally agree) to make sure that the money being used has a legitimate source.The idea of the bail sufficiency hearing was developed to respond to the fear that large scale drug dealers would simply use their illegal profits to obtain release from custody. Of course the prosecutors have taken the bail sufficiency hearing and bled its use into other areas and types of cases.What will happen is that the person who wants to make the bail will be required to show that the money came from a legitimate source (for example, that he has a job, assets, and/or bank accounts that would reasonably exist for someone engaged in a legitimate activity). The person who shows up with a garbage bag full of $100,000 cash who is unemployed and unable to explain how he got the money is likely going to be out of luck at such a hearing. These hearings are usually something that can be avoided after negotiations with the prosecutor .... See more