Surviving the Mob (32 page)

In July 2004, John Gotti, Jr. and three others were indicted on racketeering charges. The underlying crimes included murder, attempted murder, conspiracy to commit
murder, kidnapping, and conspiracy to commit kidnapping, conspiracy to commit securities fraud, mail fraud, wire fraud, extortion, and illegal gambling. The kidnapping and attempted murder allegations had to do with the 1992 attack on Curtis Sliwa.

Gotti’s co-defendants were alleged Gambino crime-family soldiers Joseph “Little Joey” D’Angelo and Michael “Mikey Y” Yannotti and family associate Louis “Louie Black” Mariani.

Andrew followed these stories with great interest. Cases were moving forward and he would most likely have to appear in court as a government witness in the not-too-distant future.

24

On August 8, 2005, the trial of John Gotti, Jr., and Mike Yannotti began in U.S. District Court in Manhattan with Judge Shira Scheindlin presiding. In his opening statement, Gotti’s lawyer, Jeffrey Lichtman, made clear what he thought of several of the names on the government’s witness list. He described them as turncoats and violent manipulative creeps. One of the witnesses he was referring to was Andrew DiDonato.

Andrew was flown back to New York and took the stand on August 11. For the first time in years, he would be eyeball to eyeball with Mike Yannotti. It was a time he’ll never forget.

“The day I landed in New York, I was immediately taken to the United States Attorney’s office where I met with prosecutors. They informed me I’d be called to testify in a matter of hours. Needless to say, I was immediately tense. I knew my testimony would take many hours—I was actually on the stand for three days—and those hours would feel like an eternity. My whole life was going to be an open book for the world to see. My entire criminal history would be put under the microscope for the defense attorneys to pick apart like vultures.

“When I entered the courtroom for the first time, it was dead quiet. After being sworn in, I sat in the witness chair and was face to face with Junior Gotti and Mike Yannotti. It had been a long time since me and Mike had been that close. Our eyes locked on each other and I sensed he held a glimmer of hope that I would remember all those years we were in the trenches together and find a way to hold back what I knew—to spare him. But it was much too late for that. And as I looked at Junior, it wasn’t hope that I saw in his eyes. It was fear.

“The entire first day I spent on the stand was under direct questioning from the prosecutor. We pretty much touched on my entire crime history, my relationships within the Gambino family, and my crimes with Yannotti and the Corozzo crew. That day opened up many old wounds. As the prosecutor walked me down memory lane, he brought out all the devastation I had caused over the years, the harm I’d done for my own personal gain, and for the benefit of the Gambino crime family.

“As I recounted crime after crime, I saw Mike squirming in his chair like a school kid waiting for the recess bell to ring so he could run from the classroom. As for me, for a long time I’d wondered if I’d really be able to testify when the time came. Would I be able to tell it all honestly and coherently? Or would I stumble and come across as a liar or an idiot? But any doubts passed quickly and I found no hesitation in my answers. I think knowing that I was doing the right thing kept my words flowing smoothly.

“I was called upon to listen to a number of audiotapes the government had acquired during their investigation. On them Mike discussed his involvement in the loanshark business. The prosecutor had me explain in layman’s terms what Mike meant when he used certain words and phrases. The defense objected to that testimony, but the judge allowed it. It wasn’t real exciting stuff, like doing murder. But I felt
at the time those tapes and my explanation would lead to Mike’s downfall.

“I truly believe that a mobster and the truth cannot share the same space. With each word that came from my mouth, I could see Mike becoming more and more uncomfortable, especially when I dropped the bombshell of my knowledge of the deaths of Robert Arena and Thomas Maranga. I also gave testimony about another homicide—Todd Alvino—that sent the defense team reeling and shouting objections. They were upset because the Alvino killing was not part of the original indictment and it would spell even more trouble for Mike.

“With so much on the table, the judge immediately had the jury removed from the courtroom, so I could be questioned in more detail about the new homicide. After ten minutes, it was perfectly clear to everyone in the room that my knowledge and deep involvement in the Alvino thing was real. But the judge ended up ruling that the prejudicial effect of that testimony was too great and wouldn’t allow it in. But she said her decision didn’t mean it couldn’t be used in a future case. I believe in my heart that Mike thinks about that every day of his life. Knowing that someday him and me might be back in court again with me on the witness stand and him at the defense table.

“After hours of direct testimony, much of which was objected to by the defense, it was clear that my information had done a couple of very important things for the government. It established that the Gambino crime family was an organization—a corrupt organization. It had structure and a chain of command. It made money from the criminal activities of its members.

“It also exposed Mike’s involvement in many crimes, including shaking down drug dealers and shylocking. Many of those crimes I had been directly involved in and others I had knowledge of. And it left no doubt that most, if not all, of our criminal acts were for the sole purpose of trying to advance
ourselves within the ranks of the Gambino crime family. The basis for the racketeering charges against Mike was set.

“As these things played out in the courtroom, I kept a cool head, knowing that this was only the direct testimony and things would start really heating up the next day when the defense tried to discredit me and my testimony.”

Andrew’s concerns were well-founded. When the defense got their chance at him, they attacked with a vengeance.

“Now it was the defense’s turn to try and get Mike out from under the damage my testimony had done,” Andrew recalls. “Mike’s chief lawyer was Diamuid White. But White didn’t cross-examine me; they had another guy do that. He started out the way I figured he would, pointing out to the jury my life of crime and all the despicable things I’d done over the years. How could anyone believe me today?

“And when he asked that question I said, ‘Yes. I lied, cheated, scammed, and plotted every day of my adult life, because that’s what organized crime is. It’s a never-ending lie that exploits every citizen with whom it comes in contact. So yes, I am guilty of it all. But I’m no longer that person.’

“And then I said something to the effect that if I was in court to lie, I’d be sitting at the defense table with him or one of his colleagues representing me. I told him that my record was an open book. I wasn’t proud of it. But at least all my cards were on the table. I wasn’t hiding behind a lawyer trying to profess my innocence.

“I don’t think this attorney realized that the worse he made me look, the worse he was making his client look as well. Like the old saying says, birds of a feather flock together. If I was that bad, what did it make Mike?

“But I think the defense team was desperate and felt their only chance was to make me the villain. So the lawyer kept up his verbal assault, trying to trip me up at every turn. I’d implicated Mike in four Mob-related shootings, three of which ended in homicide. And as questions came my way
about each act, I truly believe Mike’s lawyer was hurting him, not helping him. He seemed to constantly get the names of the victims wrong. And I think to confuse me, he sometimes put a name to a different crime. But in my opinion, that only made him seem unprepared. I think the deeper he got into those subjects, the more credibility he gave me.

“And then the defense turned their attention to Junior Gotti. What if any business dealings had I had with him? I made it clear to the court and jury that I’d met him at Gambino social events on several occasions over the years, but I’d never had any personal dealings with him. When asked what status Gotti held in the family, I explained that after his father went to prison, he sat on the panel of family leaders with Nicky Corozzo and Jackie D’Amico.

“When they challenged my statement, I explained that I knew about the leadership panel from conversations with Nicky Corozzo and from being part of Nicky’s crew. Crew members have to know who their leaders are; it’s a part of their survival. It’s like working for a major corporation. The average employees may not speak with board members directly, but they know who they are.

“Junior’s story was that he’d walked away from the Mob years earlier. I disputed that. So they came at me hard, wanting me to explain how I could say that it’s impossible for a made member, boss or soldier, to walk away from the life. I answered that for many years, I was schooled in the rules of the life by Nicky Corozzo. I also told about the time I tried to get released from the Gambino family to join the Colombos. Nicky read me the riot act by saying in no uncertain terms that I was born under the Gambino flag and that’s where I would die.

“When asked what knowledge I had of any business dealings between Junior and Nicky, I stated they were involved in a long-distance phone-card business. Of course, the lawyer asked if it was an illegal business and that I had to answer yes
or no. Because of that I answered no, it wasn’t illegal. What I wasn’t allowed to say was that while the business itself was legal, their business practices weren’t. Not when guys like me went to the merchants and told them they could only sell that particular card or else. So the defense got away with one.

“But I was able to get in Nicky’s plot to kill Junior because he felt he was being cheated on his end of the phone-card business. Because me and Mike were supposed to do the work, I can imagine the co-defendant meetings between Junior and Mike got a little tense after that came out.

“Moments like that reveal the level of treachery behind the scenes. On the surface, it looked like those two guys were allies against the justice system. But in reality, either one of them would have killed the other if ordered.

“For the two days I was under cross-examination, I was called a murderer, a liar, and a cheat. But they really showed how much they felt they needed to neutralize me when they accused me of beating Dina when she was nine months pregnant. How was that for a desperate effort to get jurors to look at me with disgust? But they failed to do their homework, because during Dina’s ninth month of pregnancy, I was on the run and had no contact with her.

“It’s things like that guys like me who turn government witness can expect from defense lawyers. If the government takes you on as a witness, it’s because they believe you can help drive a nail into somebody’s coffin. One way to overcome damaging testimony is to make the witness seem even more despicable to the jury than the defendant. Lies and slanderous accusations are the Mob’s only defense against the truth.

“Mike’s lawyers went as far as trying to blame me and two other Gambino soldiers for the murders of Robert Arena and Thomas Maranga. I wonder if those guys were happy with Mike’s decision to implicate them in a double homicide just to save his own ass. Was that an example of the idealistic
Mob rules we hear about? No, it was not. But it does illustrate the big lie that the Mob of today is built on.

“For the record, it should be known that testifying brought me no pleasure, only sadness. I thought Mike was throwing his life away to appease and protect those in power who didn’t give a rat’s ass about guys like him or me. But it was his decision and he’d have to live with it.

“When my testimony was over, I left the stand knowing I’d done what I had to do. But I was glad it was over.”

The jury got the case on September 8. On September 20, the judge declared a mistrial in the case against Junior Gotti. Michael Yannotti was convicted on only one count: racketeering conspiracy based on the extortion and loansharking aspects of the racketeering charges. And these were the allegations that Andrew addressed in great detail during his testimony, over the strenuous objections of Yannotti’s lawyer.

On January 26, 2006, an article appeared in the
Gang Land News
relating to a rather odd fundraiser that had been held a couple of weeks earlier. The event was a well-attended $1,000-a-plate dinner to help pay the legal fees the incarcerated Mike Yannotti accumulated during his 2005 racketeering trial. Sources told
Gang Land
that between $250,000 and $400,000 was raised.

It was reported that more than 300 of Yannotti’s friends and associates showed up to demonstrate their support for the alleged gangster. For their donations, the attendees were treated to a buffet, beer, and wine, but no hard liquor. Nicky Corozzo was listed as a no-show.

Although Nicky wasn’t at the event, Andrew believes he was the catalyst behind it.

“I think the fundraiser was orchestrated by Nicky and was more or less a shakedown. He probably put the word
out that everyone was expected to attend the event and nobody dared to not show up. Don’t forget that Mike no doubt had enough on Nicky to bury him if he ever flipped. Raising money for Mike’s legal fees would have been a good move on Nicky’s part.”

In November 2006, Yannotti appeared before Judge Shira Scheindlin for sentencing. Probation officials anticipated he’d get four years of prison time. However, to the surprise of many, Scheindlin slapped Mikey Y with the maximum allowable sentence of 20 years.

Prosecutors had argued that she should consider the attempted murder of Curtis Sliwa when deciding on Yannotti’s punishment. Even though he was acquitted of the charge, the government contended that ample proof of his guilt had been presented. A number of observers concluded that the judge agreed with the prosecution’s argument. But that wasn’t the only hit the convict suffered at the hands of the legal system.