updated 9/26/2005 4:21:56 PM ET 2005-09-26T20:21:56

A federal judge agreed Monday to free the son of late mob boss John Gotti on $7 million bond, less than a week after declaring a mistrial on the bulk of the racketeering case against the son of the late Gambino crime boss.

Under bail conditions approved by U.S. District Judge Shira Scheindlin, John A. “Junior” Gotti will be released but remain under house arrest in his own home on Long Island.

Gotti, 41, remained in custody while paperwork was being finalized. His lawyers said he could be home as early as Tuesday.

The judge granted the bail request, secured by property that includes his sister’s home, despite warnings by prosecutors that Gotti could try to tamper with witnesses if set free pending a retrial.

Scheindlin predicted the scion of the Gambino organized crime family — who has been jailed since 1999 — would never take the risk.

“It strikes me that nobody is that stupid,” the judge said.

Last week, a jury failed to reach a verdict on racketeering charges against Gotti, who was accused in an alleged plot to kidnap Curtis Sliwa, a radio host and founder of the Guardian Angels crime-fighting group, in retaliation for his on-air rants against the senior Gotti.

Prosecutors have not announced whether they will seek a second trial for Gotti, who faced a sentence of up to 30 years in prison if convicted.

The defense told jurors that Gotti had nothing to do with the Sliwa attack, saying he retired from the mob after an unrelated racketeering conviction in 1999. Prosecutors dismissed the claim and said Gotti used his name to rise in the crime organization.

Gotti was acquitted on a securities fraud charge and a mistrial was declared on three more serious counts, including the botched and bloody kidnapping of Sliwa.

The elder Gotti was sentenced to life in prison in 1992 and died behind bars 10 years later.

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