Prosecutors are considering charging John “Junior” Gotti for the stunning courtroom confrontation in which he harangued — and allegedly threatened — the former buddy who turned against him, sources told The Post.
One knowledgeable source said discussions were under way but a decision on whether to indict the Gambino family scion might not be made until after his racketeering and murder trial in Manhattan federal court.
Gotti shocked observers on Thursday by launching into a furious tirade against ex-pal John Alite, calling the turncoat mobster a “fag,” a “punk” and a “dog” after Alite, on his way out of the courtroom, turned to Gotti and said: “You got something to say to me?”
A prosecutor told the judge that the entire incident — which took place just after the jury left for lunch — was prompted by Gotti mouthing the words “I’ll kill you” to Alite.
That account came from a marshal with the witness-protection program who was stationed near Alite, prosecutor Elie Honig said.
The mob informer later told the judge that Gotti “lipped” the threat, saying: “We’re gonna kill you.”
Former mob prosecutor William Aronwald said the allegations were “certainly” enough to indict Gotti for obstruction of justice and witness intimidation, but that it was unclear if charges would actually be filed.
If Gotti’s acquitted, charging him would look like “sour grapes,” Aronwald said, while if he’s convicted, the Mafia prince would face so much time that additional charges would be meaningless.
Defense lawyer Charles Carnesi yesterday denied that Gotti had threatened Alite, and blamed his client’s blow-up on being “taunted” by the prosecution’s star witness.
Carnesi also faulted the US Marshals Service, saying: “Frankly, I’m concerned as to why he was allowed to stop and address John, and why he wasn’t better controlled by the people who are paid to control him.”
US Marshal Joseph Guccione declined to comment.
Thursday’s incident marked the second time since Gotti was indicted last year that he’s been accused of threatening someone in court.
At a pretrial conference in June, radio host and Guardian Angels founder Curtis Sliwa — who the feds say was kidnapped and shot on Gotti’s orders — claimed that Gotti pointed at him and vowed “You’re going down.”
“I got the hors d’oeuvre and Alite got the entree,” Sliwa said yesterday. “This guy [Gotti] has anger-management issues. I’m just glad he didn’t have a gun in his hand.”