Gambino Boss Peter Gotti Is Sick And Sorry, Compassionate Release Filing Notes

UPDATED
Reputed sitting Gambino boss Peter Gotti's compassionate release filing (reproduced in its entirety below) poses several arguments for his release, including that he suffers from more than a dozen medical ailments, including cardiovascular disease and a likely cancerous growth in at least one lung; that he's rehabilitated as well as sorry; and that his continued incarceration is financially irresponsible.


Peter Gotti and John Gotti


As first reported by Gang Land News last Thursday (July 4) in Forgottiboutit! Dapper Don's Brother Says He's Done With The Mob; Wants Out of Prison, James Craven, the attorney representing Gotti, filed the motion in Manhattan federal court on June 28.

Gotti, 79, has been in custody since June 4, 2002, and is serving a 25-year term on a federal racketeering conviction. He is now at FMC Butner, North Carolina. His slated release date is May 5, 2032.

"In hindsight Peter Gotti made a terrible mistake in going to trial rather than pleading, and that mistake cost him significantly in the length of his sentence," Craven wrote in the seven-page motion.





 "Compassionate release now would in no way minimize the severity of his offense, nor endanger anyone or anything. He is very seriously ill and clearly on an end of life trajectory and in a debilitated medical condition.

"Prison has rehabilitated Peter Gotti, as it is supposed to. He is not at 79 the 62 year old who committed the offenses in this case and in the case in the Eastern District of New York, nor does he in any way deny his guilt or responsibility. Being incarcerated now for 17 years plus has caused him to reevaluate his thinking and reconsider his moral values. No longer does he try to justify his actions or defend the choices he made that brought him to prison. He wants now to tell anyone who will listen that there is truly zero benefit to unlawful activity.

"He has hurt other people, including family members, and he wants to spend the balance of his life making amends as best he can."

The motion goes on to note that it costs $36,300 annually to house someone in the BOP system, "and surely the cost is higher for Peter Gotti in a federal medical center." In contrast, the letter adds, the cost of someone on supervised release supervision is $364 a month, "likely less for Peter Gotti."

Peter Gotti
Peter Gotti early photograph.


We spoke with a defense attorney who's familiar with similar cases involving someone like Peter Gotti filing for compassionate release, asking if he thinks Peter Gotti has any shot at getting the compassionate release, noting that, in our view, we think not, as the Feds don't seem to care at all about alleged mobsters.

His reply: "Peter Gotti certainly SHOULD get it, BUT as you say there are different rules for alleged mobsters and a guy like Peter GOTTI probably has a secret file marked X, meaning "never let him out."

If released, Gotti would live with his daughter in Howard Beach, the motion notes, adding that she and his son, Peter Gotti Jr., who also lives in Howard Beach, would be his primary caretakers. Pete Gotti would live off Social Security and other earned retirement benefits, and will be covered by Medicare and additional health coverage.

Text of the compassionate release filing:

The defendant Peter Gotti, by his counsel, respectfully shows the Court pursuant to the First Step Act of December 21, 2018, 132 Stat. 5194, 18 U.S.C. 3582(c)(1)(A)(i), and 18 U.S.C. 3582(c)(1)(A)(ii) that:

1. The defendant on July 29, 2005 was sentenced to a term of 300 months. He is now in BOP custody at FMC Butner, North Carolina.

2. He has been in custody in this case since June 4, 2002. As of July 4, 2019, with BOP good time, he will have served 235.5 months. His BOP release date is May 5, 2032. He has completed the sentence he received in United States v. Gotti, No. 1:02 CR 606 (EDNY). 3. Peter Gotti has the following serious medical conditions, documented by his BOP medical records and by records of the Duke University Medical Center where he has received care also while in the BOP system:

A. Cardiomyopathy with a severe eccentric mitral valve regurgitation.

B. First degree left bundle branch block; mild to moderate left ventricular global heart dysfunction.

C. Atrial fibrillation

D. Likely cancerous growth in at least one lung

E. Hypertension cardiovascular disease

F. Arterial hypertension


G. Hypothyroidism

H. Cardiac arrhythmia

I. Congestive Heart Failure

J. Chronic Obstructive Pulmonary Disease

K. Early stage renal insufficiency

L. Gout

M. Osteoarthritis

N. Gastric reflux

O. Bilateral glaucoma

P. Rheumatoid arthritis

Q. Hyperlipidemia

R. Enlarged prostate

S. Total blindness in left eye

T. Hearing loss

U. Borderline anemia

V. Early onset dementia

4. Under the actuarial tables in Section 8-46 of the General Statutes of North Carolina, Peter Gotti has a life expectancy of 9.5 years. His medical condition however has lessened his true life expectancy significantly. Seventeen years of prison have taken a toll on him. The health of his heart and lungs has deteriorated markedly in recent years. His vital organs have been compromised by disease, and the continual use of high risk medications to treat the various illnesses has dramatically diminished any chance that he may have had to recover from his conditions. He is taking two anticoagulants. His cardiopulmonary system is constantly at high risk of failure. His heart health is very poor, highlighted by poor cardiac ejection fraction factors accompanying serious disturbance of his pulmonary functionality.

5. Peter Gotti is 79 years old, born November 15, 1939. He is certainly long out of warranty. No life insurance agent in his right mind would sell him a policy, given all his serious medical issues. Keeping him incarcerated at this point is expensive and counterproductive. According to the most recent AOC memorandum of August 1, 2018, it costs $36,300 a year to house someone in the BOP system, and surely the cost is higher for Peter Gotti in a federal medical center. In contrast, the cost of supervised release supervision by a USPO is $364 a month, likely less for Peter Gotti. When the time comes, Peter Gotti understandably wants to die at home.

6. In hindsight Peter Gotti made a terrible mistake in going to trial rather than pleading, and that mistake cost him significantly in the length of his sentence. He has had no prison infractions. Compassionate release now would in no way minimize the severity of his offense, nor endanger anyone or anything. He is very seriously ill and clearly on an end of life trajectory and in a debilitated medical condition.

7. Prison has rehabilitated Peter Gotti, as it is supposed to. He is not at 79 the 62 year old who committed the offenses in this case and in the case in the Eastern District of New York, nor does he in any way deny his guilt or responsibility. Being incarcerated now for 17 years plus has caused him to reevaluate his thinking and reconsider his moral values. No longer does he try to justify his actions or defend the choices he made that brought him to prison. He wants now to tell anyone who will listen that there is truly zero benefit to unlawful activity. He has hurt other people, including family members, and he wants to spend the balance of his life making amends as best he can. He also wants to help others not make the life mistakes he made.

8. Upon release, Peter Gotti will live with his daughter, Diane Pietrofeso, (in) Howard Beach, New York. She and his son, Peter Gotti Jr., who also lives in Howard Beach, will be his primary caretakers. He will have Social Security benefits as well as other earned retirement benefits. He will be covered by Medicare and will obtain additional comprehensive coverage, as well as Medicaid supplemental insurance.

9. Social workers at FMC Butner are assisting Peter Gotti with release planning.

10. All administrative remedies for seeking compassionate release directly from the BOP have been exhausted, hence this motion.

11. Peter Gotti clearly meets the BOP standards, set out in Policy Statements 5049.49 and 5050.50 for Compassionate Release. He also meets the compassionate release criteria of 18 U.S.C. 3580(c)(1)(A)(i) and Section 1B1.13, Federal Sentencing Guidelines, and the Commentary to Section 1B1.13. He is on an end of life trajectory and in a debilitated medical condition.

12. The factors set out in 18 U.S.C. 3553(a) will, in this instance, be satisfied by compassionate release and USPO supervision. Peter Gotti had no criminal record prior to this case and the case in the Eastern District of New York at age 62. He has zero interest in reoffending and is instead focused on keeping body and soul together.

Peter Gotti and John Cavallo. 


13. Kevin Zeich was granted compassionate release, but died at FMC Butner before he could fly home to California, United States v. Zeich, No. 1:93 CR 5217 (E.D. California). Judge O’Neill in Fresno helped in lobbying the BOP for Zeich’s release, twice calling the General Counsel in an attempt to speed the process up. As did Judge Fuste in San Juan, in United States v. Olivera, No. 3:13 CR 111 (D. Puerto Rico), in which Edmundo Olivera died at FMC Butner before he could get to the airport. And, in United States v. Cheatham, No. 3:06 CR 95 (E.D. Tennessee), the first such case under the First Step Act, Judge Varnam in Knoxville ordered the release of Steven Cheatham on January 31, 2019. Chetham though died later that day at FMC Butner, unaware he was a free man. These are the scenarios we do not want to see in this case. Decisions about sentencing “[should] not be left to employees of the same Department of Justice that conducts the prosecution.” Sester v. United States, No. 566 U.S. 231, 132 S.Ct. 1463, 182 L.Ed.2d 455 (2012). This Court, not the Government, must evaluate the 18 U.S.C. 3553(a) factors as they apply to Peter Gotti. United States v. Garcia, No. 2:11 CR 935 (C.D. California) was a case very similar to this one, as are United States v. Evans, No. 4:15 CR 15 (S.D. Texas), United States v. Adams, No. 4:09 CR 115-3 (N.D. Texas), United States v. Leggitt, No. 4:12 CR 306-6 (E.D. Arkansas), United States v. McGraw, No. 2:02 CR 18 (SD Indiana), United States v. Bakowski, No. 8:09 CR 491 (MD Fla), United States v. Brittner, No. 9:16 CR 15 (D. Montana), and United States v. Peterson, No. 7:12 CR 15-1 (EDNC).

14. There is, we submit, every good reason to grant this motion expeditiously, and truly no good reason not to.

15. Upon release, Peter Gotti will be under the supervision of a USPO in the Eastern District of New York for the term of supervised release ordered in the judgment entered July 29, 2005.

WHEREFORE, pursuant to the First Step Act of December 21, 2018, 132 Stat. 5194 and 18 U.S.C. 3582(c)(1)(A)(i) as amended, the defendant Peter Gotti, by his counsel, respectfully prays the Court:

1. For compassionate release from BOP custody, to live at the home of his daughter, Diane Pietrofeso, in Howard Beach, New York under the supervision of the USPO for this Court for the term of supervised release in the judgment of July 29, 2005 herein.

2. For such other and further relief as the Court may deem just and equitable

Respectfully submitted,
/s/ James B. Craven III James B. Craven III
NC State Bar 997
Attorney for the Defendant Peter Gotti








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