from Edward Magnuson, a Drug Enforcement Administration agent. Curiously, because the case did not involve drugs, the DEA, not the FBI, had been the principal federal law-enforcement agency involved in the investigation leading to Gotti’s indictment. Behind this drama lay an interesting tale of federal intrigue no one wanted to talk about, at the time.
Magnuson testified about the statement of a DEA informant who had been talking about the Gotti crew and organized crime for the past year. The informant said members of Gotti’s crew told him Piecyk “had received a kick in the ass,” a warning not to testify. Other than Piecyk’s own initial statements, which he later denied, the informant’s remark was the most damaging indication that the mechanic had been physically threatened.
Putting his spin on it, Bruce Cutler argued that Piecyk frightened himself into silence, after reading about Gotti’s “violent and impulsive” reputation. As to Giacalone’s other witnesses, he ridiculed their statements as “regurgitation of newspaper articles,” “comic-book gossip,” and multiple hearsay from unknown informants.
Nickerson issued a written opinion on May 13. He said that while the testimony showed Gotti did become boss of the Gambino Family while on bail—and “it is a bold, not to say reckless, man who will act in that way”—Giacalone’s witnesses did not show that he engaged in Family crimes. As to the Quirk incidents, while they did lend “credence to the inference that [Gotti] was and is prepared to subvert the integrity” of his trial, there wasn’t enough evidence to link them directly to Gotti or his men.
Gotti had been playing a game of chance for months and had just landed on two more lucky squares, but on Giacalone’s third move—Romual Piecyk—he drew a Go-to-Jail card.
“The court concludes that there is substantial evidence that John Gotti, after he was admitted to bail, intimidated Piecyk,” Nickerson wrote, “and that if continued on bail John Gotti would improperly influence or intimidate witnesses in this case … the court revokes the release of John Gotti and orders that he be detained …”
Earlier in his opinion, Nickerson explained why he rejected Cutler’s argument about Piecyk’s memory loss.
“Had Piecyk acquired a generalized fear of John Gotti solely because of his reputation, Piecyk would have simply claimed he made a mistake in his original identification. He would hardly have tempted Gotti’s displeasure by accusing ‘his people’ of making telephone calls and tampering with brakes. Those specifics are not the kind of thing Piecyk would readily concoct. Indeed, they have the ring of truth … Gotti had a clear motive to prevent Piecyk from testifying and the boldness to accomplish that end.”
The government dropped its effort to revoke a second defendant’s bail, and Nickerson denied its motions on Gene Gotti and John Carneglia, though he ordered them to stay out of social clubs and each other’s company. Nickerson said Gotti would have to surrender on May 19.
As expected, Cutler mounted an appeal; unexpectedly, he invoked a new ally—the now-famous refrigerator mechanic, Romual Piecyk.
On the day stories about the decision were published, Piecyk had called Cutler. “He indicated to me that he was concerned that an injustice had been done,” Cutler later said.
Piecyk went to Cutler’s office and denied all of his previous statements to Sgt. Anthony Falco. Cutler then prepared an affidavit, which Piecyk signed.
“At no time was I ever warned, threatened, coerced or in any way persuaded not to testify against John Gotti, or anyone else,” Piecyk’s affidavit said.
The next day, Cutler filed the document with Nickerson and asked for a new hearing so Piecyk could testify that he was not intimidated. He offered a surprising theory as to why he had not called Piecyk as a witness earlier. He said he had relied on a ruling by Nickerson that details of
Magnuson testified about the statement of a DEA informant who had been talking about the Gotti crew and organized crime for the past year. The informant said members of Gotti’s crew told him Piecyk “had received a kick in the ass,” a warning not to testify. Other than Piecyk’s own initial statements, which he later denied, the informant’s remark was the most damaging indication that the mechanic had been physically threatened.
Putting his spin on it, Bruce Cutler argued that Piecyk frightened himself into silence, after reading about Gotti’s “violent and impulsive” reputation. As to Giacalone’s other witnesses, he ridiculed their statements as “regurgitation of newspaper articles,” “comic-book gossip,” and multiple hearsay from unknown informants.
Nickerson issued a written opinion on May 13. He said that while the testimony showed Gotti did become boss of the Gambino Family while on bail—and “it is a bold, not to say reckless, man who will act in that way”—Giacalone’s witnesses did not show that he engaged in Family crimes. As to the Quirk incidents, while they did lend “credence to the inference that [Gotti] was and is prepared to subvert the integrity” of his trial, there wasn’t enough evidence to link them directly to Gotti or his men.
Gotti had been playing a game of chance for months and had just landed on two more lucky squares, but on Giacalone’s third move—Romual Piecyk—he drew a Go-to-Jail card.
“The court concludes that there is substantial evidence that John Gotti, after he was admitted to bail, intimidated Piecyk,” Nickerson wrote, “and that if continued on bail John Gotti would improperly influence or intimidate witnesses in this case … the court revokes the release of John Gotti and orders that he be detained …”
Earlier in his opinion, Nickerson explained why he rejected Cutler’s argument about Piecyk’s memory loss.
“Had Piecyk acquired a generalized fear of John Gotti solely because of his reputation, Piecyk would have simply claimed he made a mistake in his original identification. He would hardly have tempted Gotti’s displeasure by accusing ‘his people’ of making telephone calls and tampering with brakes. Those specifics are not the kind of thing Piecyk would readily concoct. Indeed, they have the ring of truth … Gotti had a clear motive to prevent Piecyk from testifying and the boldness to accomplish that end.”
The government dropped its effort to revoke a second defendant’s bail, and Nickerson denied its motions on Gene Gotti and John Carneglia, though he ordered them to stay out of social clubs and each other’s company. Nickerson said Gotti would have to surrender on May 19.
As expected, Cutler mounted an appeal; unexpectedly, he invoked a new ally—the now-famous refrigerator mechanic, Romual Piecyk.
On the day stories about the decision were published, Piecyk had called Cutler. “He indicated to me that he was concerned that an injustice had been done,” Cutler later said.
Piecyk went to Cutler’s office and denied all of his previous statements to Sgt. Anthony Falco. Cutler then prepared an affidavit, which Piecyk signed.
“At no time was I ever warned, threatened, coerced or in any way persuaded not to testify against John Gotti, or anyone else,” Piecyk’s affidavit said.
The next day, Cutler filed the document with Nickerson and asked for a new hearing so Piecyk could testify that he was not intimidated. He offered a surprising theory as to why he had not called Piecyk as a witness earlier. He said he had relied on a ruling by Nickerson that details of
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