 Despite Cutler's defense and critiques about the prosecution's performance, according to mob writers Jerry Capeci and Gene Mustain, when the jury's deliberations began, a majority were in favor of convicting Gotti.However, due to Pape's misconduct, Gotti knew from the beginning of the trial that he could do no worse than a hung jury.During deliberations, Pape held out for acquittal until the rest of the jury began to fear their own safety would be compromised.