United States v. Gigante, 925 F. Supp. 967 (E.D.N.Y. 1996)

United States District Court, Eastern District of New York, memorandum and order of May 15, 1996, by District Judge Nickerson. CourtListener gives the docket numbers as CR 93-368 and CR 90-446. Gigante had moved for a hearing on his competency to stand trial. Four examining psychiatrists had reported that he was not competent.

The court set out findings of fact from the testimony of witnesses, “including former Members of organized crime.” It found that “Gigante occupied high positions in the Genovese Family from at least the early 1970s until September of 1991 and as such performed executive functions,” and that “during the years 1970 to 1991 Gigante was not the demented person he portrayed himself to be.” These are the court’s findings for the competency question, made before any trial on the charges.

The findings name his club twice. In 1976, “Gravano arranged to meet with Gigante, then a Genovese Captain, at Gigante’s club, The Triangle Social Club.” In 1986, while the FBI watched him at night at a Manhattan town house, “He usually arrived between 10 and 11 at night and left at around 2 or 3 the next morning to return to the Triangle Social Club at 225 Sullivan Street.” This archive does not give the town house address; it is a family residence.

The court did not rule on competency in this order. It said it would submit the findings to the psychiatrists, who “will be required to accept the court’s findings as true and will be asked to say to what extent, if any, these findings alter their assessment of Gigante’s competency to stand trial.”