BY Alison Gendar and Larry Mcshane DAILY NEWS STAFF WRITERS A federal judge, faced with a hopelessly deadlocked jury, declared a mistrial Tuesday in the racketeering case against John A. (Junior) Gotti.
The jury, in its 11th fruitless day of deliberations, sent out its second note in three days announcing it was at a stalemate on all three charges against Gotti.
Federal Judge Kevin Castel then announced a mistrial in the 11-week old case, yet another stinging defeat for the government in its relentless pursuit of the second-generation mob boss.
The defendant was weeping and his family applauding as the decision was announced.
The panel announced it was hung after returning from a five-day Thanksgiving weekend vacation.
It marked their fourth failed prosecution of Gotti in five years, all ending with hung juries and mistrials.
This jury deliberated longer than the first three, but ultimately reached the same conclusion.
The mistrial boosted the Teflon Son past his dad in courtroom successes. John (Dapper Don) Gotti beat three cases before he was convicted and jailed for life on murder and racketeering charges.
The one-time Gambino family boss was charged with racketeering and a pair of drug murders.
The divided jury sent out its first deadlock note Nov. 19, prompting the judge to give them a three-day weekend. They returned Nov. 23, but found themselves split yet again a day later.
Castel read the jury an "Allen charge," a last-ditch legal effort to urge a jury verdict before a mistrial.
Gotti, 45, used the same defense that worked in three prior cases: He quit the mob in 1999. The retirement defense split the three prior panels, and the fourth time proved a charm, too.
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