Gene Gotti was convicted of heroin trafficking in 1989 after two mistrials in federal court; he was sentenced to 50 years in prison.

Still, many legal experts - including former federal prosecutors - say it's still unusual for the government to try a defendant a third time, even if the defendant's name is John A. (Junior) Gotti.

"In a high-profile case, the pressure is on the government to keep pursuing it," said Andrew Genser, a former federal prosecutor in Brooklyn who won a racketeering conviction against Gambino crime boss Peter Gotti.

"But when you retry again and again, it raises the question of basic fairness. How many swings does the government get?" he said.

Prosecutors in the Manhattan U.S. attorney's office claimed this Gotti trial would be simpler and streamlined.

"There's something fundamentally wrong with the proof," concluded lawyer Joseph Tacopina.

While Gotti's lawyer Charles Carnesi may have unnecessarily opened the door to testimony about Gotti Sr.'s infidelities and a reputed love child, his colleagues on the defense bar said yesterday it was a brilliant move to call lawyer Ron Kuby to testify about a conversation with Junior concerning his exit from the Mafia.

"If the government didn't get a conviction this time, they'll never get one," said lawyer Ronald Fischetti. He's convinced that prosecutors are handling the case differently because the defendant's last name is Gotti, and the victim, Curtis Sliwa, hosts a radio show.

"Dismissing the case would bring bad publicity," he said.

Former prosecutor Robert Mintz said this mistrial will force the feds to "take a more realistic look at their case" and make a better plea deal offer.

Originally published on March 11, 2006