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Although they filed two new murder charges against Gotti, federal prosecutors said today they will not seek the death penalty if he is convicted at his trial next month.

Prosecutors say the Gambino family scion was involved in the drug-related murders of George Grasso in 1988 and Bruce John Gotter in 1991.

Gotti, who claims to have retired from organized crime, also faces multiple racketeering charges including gambling, kidnapping and bribery.

The defense for Gotti expressed confidence that there was no new evidence that wasn't presented at three previous mistrials.

"I think the only way that you can view it is that despite the government's claims of how confident they were, that the outcome of this trial would be different than the previous three and how they would be able to overcome the withdrawal defense. Obviously they weren't that confident," said Charles Carnesi, Gotti's attorney.

Outside the court room, talk show host and NY1 "Road to City Hall" contributor Curtis Sliwa said he's hopeful Gotti will be convicted. Sliwa says the Gambino family tried to kill him after he made murder allegations.

"I've got the target on my back, but you know something, I still walk those neighborhoods," Silwa said. "I still deal with those cafones. Those guys, they threaten to bend my leg and stuff it in my pocket but I'm going to continue to talk what has been the truth for years."

Gotti was denied bail. His trial is set to begin September 14th. If convicted, Gotti faces life behind bars.