# United States v. Gaggi, 632 F. Supp. 1019 (S.D.N.Y. 1986)

Canonical: https://mobfiles.org/items/courtlistener-us-v-gaggi-632-f-supp-1019/

District Judge Kevin Thomas Duffy's March 10, 1986 opinion explaining why he denied mistrial motions after Paul Castellano, a defendant in the trial before him, was shot and killed with Thomas Bilotti outside Sparks Steak House on December 16, 1985.

United States District Court, Southern District of New York, decided March 10, 1986. CourtListener gives the docket number as No. SSS 84 Cr. 0063 (KTD). The opinion is by District Judge Kevin Thomas Duffy. CourtListener's text was made from a scanned copy, and the site warns that it may have typos.

The opinion opens with the killing: "On December 16, 1985, at approximately 5:30 p.m., Paul Castellano and Thomas Bilotti were shot and killed by three assailants while exiting a car in front of Sparks Steak House on 46th Street between Second and Third Avenues." Castellano and nine others had been on trial before Judge Duffy since September 30, 1985, on charges that included a car theft conspiracy. The remaining defendants moved for a mistrial because of the publicity that followed his death.

The judge questioned each juror on December 17, 1985, and again on January 7, 1986. He denied the motion on January 8, 1986, finding the jurors "sincere in their proclamations that their impartiality had been unaffected by the publicity." The opinion lists the publicity the defense found most prejudicial, including "references to Castellano's position as the alleged leader of the Mafia." That is the defense's summary of press coverage, not a finding by the court.

The opinion does not say who fired the shots. It is cited here for the time and place of the killing as the court stated them.

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/2260863/united-states-v-gaggi/