MINEOLA, NY — Prosecutors from Nassau County Anne Donnelly’s office do not plan to appeal a judge’s decision to dismiss the misdemeanor assault charges against Kimberly Gotti and Gianna Gotti, a spokeswoman said Wednesday.
It was “after careful consideration,” that the office “made the determination not to appeal the court’s decision,” prosecutors said in a statement to Patch.
The charges followed a dispute during a basketball game between Oyster Bay and Locust Valley high schools, officials said.
Find out what's happening in Glen Covewith free, real-time updates from Patch.
In a previous statement, Donnelly’s office said “the case against” the two women was dismissed “on procedural grounds.”
Prosecutors had until the end of the week to review their options.
Find out what's happening in Glen Covewith free, real-time updates from Patch.
The dismissal of the charges against the mother and daughter stemmed from a motion challenging the prosecution’s readiness to move forward with their legal case, defense attorney Steven Christiansen told Patch after the dismissal.
“When the district attorney’s office accuses any citizen of a crime, it has a very specific statutory mandate to which they’re required to adhere, and they failed to do that in many regards in this Gotti case,” said Christiansen, of Mineola.
The alleged victim in the case, a 47-year-old from Upper Brookville, claimed her wig was pulled off, and told investigators, “I allowed my head to go back as I felt my scalp was going to be ripped off,” News 12 reported, citing court documents.
An attorney for the woman and her family, Frederick Brewington of Hempstead, previously told Patch that his clients are disappointed at the news and they are “evaluating all of their options.”
“We’ll wait to hear what happens with regard to the criminal matter that is currently being reviewed by the District Attorney’s office,” he added.
He also could not be immediately reached.
Judge David Goodsell determined the case should be dismissed due to violations of discovery requirements, according to Newsday.
Christiansen previously told Patch that there was the possibility that the case could continue in civil court.
After news of the DA’s decision, Christiansen said, “Let’s hope that’s the end of it.”
Patch has reached out to his colleague, Gerard Marrone of Middle Village.
The Gottis pleaded not guilty to the charges in April, and have maintained their innocence since.
Both women nixed an offer by the Nassau County District Attorney’s office to plead guilty and participate in anger management counseling in March, a spokesman for DA Anne Donnelly’s office said.
An attorney for the Gottis reportedly said their name placed them at a disadvantage at a court proceeding in May.
Kimberly is the wife of John Gotti Jr., and Gianna Gotti, is the couple’s daughter.
In 1999, Gotti Jr. pleaded guilty to racketeering, bribery, and extortion and was sentenced to more than six years. His fourth trial 10 years later ended in a mistrial. His father, John Gotti Sr., was a mobster known as the “Dapper Don” and the “Teflon Don.”
He died in prison in 2002 while serving out a sentence for murder and racketeering.
This story will be updated. Check back later.
Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.
Click Here: Graphic Overlays
No Responses