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Gotti gets off a 4th time

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Published: Dec. 1, 2009 at 8:18 PM

NEW YORK, Dec. 1 (UPI) -- A federal judge in New York Tuesday declared a mistrial in the murder and racketeering case against reputed mobster John "Junior" Gotti Jr.

It was the fourth mistrial in five years for the alleged Gambino crime family member.

U.S. District Judge Kevin Castel ruled after the jury told him it was hopelessly deadlocked after 11 days of deliberations following 11 weeks of trial, the New York Daily News reported.

Gotti was released after posting $2 million bail, the Daily News said. He had been in custody since August 2008.

U.S Attorney Preet Bharara said a decision whether to go after Gotti in a fifth trial would be announced "in the near future."

Asked if he thought there would be another trial, Gotti replied, "I hope to God not."

Gotti and his family were to mark the occasion with a belated Thanksgiving celebration at their Long Island mansion. A catering truck was seen arriving there shortly after the mistrial was declared and 50 yellow balloons were tied to the front gate, the newspaper said.

A juror said the jury lined up 6-5 for conviction on racketeering, with one undecided; 7-5 for acquittal on one murder charge; and 6-5 for acquittal with one undecided on the second murder count.

"It was a long trial and we were split down the middle on almost everything," said juror Paul Peragine. "People shifted their vote back and forth, but it has to be over now.

"If they try him again it'll be an abuse of prosecution. Their case wasn't credible. Their witnesses weren't credible."

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