He should've been killed after the first trial where his verbosity on tape was used as evidence.
In my book, if you're dumb enough to get yourself bugged talking incriminating shit, you deserve to be shelved or whacked. Reduce the pool on one hand, but it brings out a higher quality of soldier on the other.
Then you would have to whack practically the whole Commission because they all were caught talking incriminating shit on tape around the same time. However, after that fiasco Gotti should have wised up and not held meetings in regular places where he openly talked about murder.
