John Gotti’s grandson faces prison or a kidney donation deadline after a Brooklyn judge told him he must help his mother by Monday or begin serving a 15-month sentence for COVID fraud. Carmine Agnello, 39, had already been given extra time to undergo the transplant procedure for his mother, Victoria Gotti, before that plan fell apart.
Agnello was originally scheduled to report to prison on June 20, but the court allowed a two-month delay so he could have the organ transplant done on Aug. 3. That date did not hold, Agnello told the court Tuesday, because his mother had developed a severe infection and was taking a “battery of antibiotics.” He then asked that his surrender date be moved from Aug. 10 to Sept. 18, saying the transplant would take place on that later date.
Judge Nusrat J. Choudhury set a firm line in court Thursday. If the surgery happens on or before Monday, Agnello can remain free until Sept. 18. If it does not, he must turn himself in by 2 p.m. Monday, according to the case docket. The ruling leaves him with only a narrow window to keep the agreement that delayed the start of his sentence.
Federal prosecutors in Brooklyn have pushed back against any further leniency. The Brooklyn U.S. Attorney’s Office has argued that the situation does not justify another break and has said Agnello could still donate the kidney while in prison. That stance has kept the case focused on the balance between a personal family medical need and a criminal sentence that has already been delayed once.
