Ailing Gambino mob boss Peter Gotti, 81, loses his second bid for early release - citing COVID-19 fears - so he can spend his final days with family

A judge has said Gambino family mob boss Peter Gotti should remain in prison because he still poses a risk after he requested early compassionate release for the second time due to fears he might contract coronavirus while inside.  

Last year he also requested to be let out early, on that occasion he cited his ailing health involving an array of ailments including heart problems, dementia, blindness and cancer.

Now, more than a year later and growing ever more infirm, Gotti, 81, had asked to be released so that he may spend his final days with his family.  

A federal judge says Mafia boss Peter Gotti should remain in prison because he is still poses a risk after he requested early compassionate release due to his ailing health. He was jailed in 2002 for 25 years

Peter Gotti's lawyer requested compassionate release from Butner Federal Medical Center over fears his client might contract coronavirus 

But Judge Colleen McMahon rejected Gotti's argument that he was extremely vulnerable to COVID-19 at FMC Butner in North Carolina.    

'What I said a year ago remains true today. Nothing has changed since last January — not even the threat of COVID19 — to cause this court to alter its earlier decision,' McMahon wrote. 

In her previous ruling, Judge McMahon wrote that Gotti remained a threat to society.

'Gotti headed one of the most vicious and violent organized crime organizations in New York for a period of years,' the judge wrote.  

Prosecutors said 81-year-old still posed a 'substantial danger to the community' despite his age and health

Gotti became the head of the Gambino crime family in 1999 taking over from his famous brother, John who was dying.

'I only want to be home with my family and tell anyone who will listen that I am a changed man and that there is no benefit to unlawful activities,' Gotti wrote in a letter to the court last year. 

'I truly regret my choices that hurt so many, and in the little time I have left on this earth would hope to be able to share some of my (new-found) wisdom to help others not make the same kind of mistakes that I have made.'

Goti is currently serving a 25-year sentence at a federal prison hospital in North Carolina after he was jailed and convicted on two racketeering indictments 18 years ago. 

Peter, right, was jailed shortly after he took over the Gambino family from his dying brother John, left, in 2002. The 79-year-old is currently serving a 25-year sentence in North Carolina

He was also convicted in a plot to kill turncoat underboss Salvatore Gravano. 

During his last appearance for compassionate release, prosecutors filed a letter urging the judge to keep him behind bars. 

'Notwithstanding his age and health, Gotti poses a substantial danger to the community,' the letter, signed by Assistant U.S. Attorney Jun Xiang, said. 

'Gotti argues that he is incapable of his violence due to his age and medical condition. 

'The danger posed by a Gambino Family leader like Gotti is not that he will personally engage in acts of violence, but that he can command others to do so.' 

He filed a seven-page motion in July 2019 requesting that he be released early and allowed to return to his daughter's home in Howard Beach, Queens via compassionate release from prison under the First Step Act of 2018.  

In his request, he said he wanted 'to help others not make the life mistakes he made'.

THE GAMBINO CRIME FAMILY 

The Gambino crime family is one of what is widely referred to as 'The Five Families' of Italian organized crime operations in New York City and other parts of the United States. 

The Gambinos' rise to become one of the most powerful mafia families in America started in 1957, when the family's namesake, Carlos Gambino - an Italian immigrant - orchestrated the murder of Albert Anastasia, who had organized a collection of Italian gangs into what now would be considered a 'crime family.' 

Gambino headed the organization until 1976, when he handed power over to his brother-in-law Paul Castellano. 

Like other mafia families, the Gambinos took their methods from the crime families in Italy - La Cosa Nostra - and were involved in illegal activities like loan-sharking, extortion, prostitution, gambling and money laundering - as well as the frequent assaults and murders associated with those types of business ventures. 

In 1985, Gambino 'capo' John Gotti orchestrated the murder of Castellano to become the most publicized boss of the family. 

Gotti's reign came to an end when his underboss, Sammy 'The Bull' Gravano agreed to testify against him and other members of the family in a 1992 RICO trial. 

Since Gotti's downfall, the Gambinos - and other mafia families - have lost much of the power they once had over politicians, judges and labor unions. 

The family was headed by Domenico Cefalu until 2015, when Frank Cali took over as capo. 

Gene Gotti, brother of former Gambino crime boss John Gotti, left, was recently released after spending 29 years in prison for dealing heroin and refused to leave prison even a day earlier than his sentence. John 'Junior' Gotti, right, publicly denied being a part of the mob in 2005

'Being incarcerated now for 17 years plus has caused him to reevaluate his thinking and reconsider his moral values,' his attorney James Craven wrote. 

'No longer does he try to justify his actions or defend the choices he made that brought him to prison.'

His attorney added that Gotti does not in 'any way deny his guilt or responsibility' but '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.'

His attorney said the mob moss wants to 'die at home'.

'He is very seriously ill and clearly on an end of life trajectory and in a debilitated medical condition,' he said. 

'The health of his heart and lungs has deteriorated markedly in recent years.

'Compassionate release now would in no way minimize the severity of his offense, nor endanger anyone or anything.'

Peter's shift in attitude is a marked difference from his brothers John and Gene - the former would deny being part of any crime and the latter was recently released after spending 29 years in prison for dealing heroin and refused to leave prison even a day earlier than his sentence.

His nephew Junior, who is John's son, publicly denied being a part of the mob in 2005.