“How long would it take?”
“Not long. We’d just like to get on record what you might have seen when you were there. It might help us to find the people who did it.”
The smart thing for me to do is look like I’m willing to help. And what the fuck choice do I have?
“Yeah, I guess I could go with you,” Frankie said.
“We’ve got a car right over there, Mr. Foley,” Matt said. “And when we’re finished, we’ll see that you get wherever you want to go.”
Frankie got in the backseat of the car and saw for himself that the story that went around that once you got in the backseat of a cop car, you couldn’t get out until they let you; that there was no handles in the backseat was bullshit. This was like a regular car; the handles worked.
He got a little nervous when he saw the two detectives having a little talk before they got in themselves. They had their backs to him, and talked softly, and he didn’t hear what Detective Milham said to Detective Payne:
“This asshole thinks you’re hot shit, Matt. Sometimes that means they’ll run off at the mouth. When we get to the Roundhouse, you interview the sonofabitch. Charm the bastard.”
“You think he did it?”
“This fucker is crazy. Let’s see what he has to say.”
STATEMENT OF: John Francis “Frankie” Foley
DATE AND TIME: 5:40 p.m. May 22, 1975
PLACE: Homicide Division, Police Admin. Bldg. Room A.
CONCERNING: Robbery/Homicide at Inferno Lounge
IN PRESENCE OF: Det. Wallace J. Milham, Badge 626
INTERROGATED BY: Det. Matthew M. Payne, Badge 701
RECORDED BY: Mrs. Jo-Ellen Garcia-Romez, Clerk/typist
I AM Detective Payne. This is Mrs. Garcia-Romez, who will be recording everything we say on the typewriter.
We are questioning you concerning the murder homicide at the Inferno Lounge.
We have a duty to explain to you and to warn you that you have the following legal rights:
A. You have the right to remain silent and do not have to say anything at all.
B. Anything you say can and will be used against you in Court.
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C. You have a right to talk to a lawyer of your own choice before we ask you any questions, and also to have a lawyer here with you while we ask questions.
D. If you cannot afford to hire a lawyer, and you want one, we will see that you have a lawyer provided to you, free of charge, before we ask you any questions.
E. If you are willing to give us a statement, you have a right to stop anytime you wish.
1. Q. Do you understand that you have a right to keep quiet and do not have to say anything at all?
A. Yeah. I understand.
2. Q. Do you understand that anything you say can and will be used against you?
A. Did I miss something? Am I arrested or something?
3. Q. Do you want to remain silent?
A. No.
4. Q. Do you understand you have a right to talk to a lawyer before we ask you any questions?
A. Yeah, but what you guys said was just that you wanted to talk to me.
5. Q. Do you understand that if you cannot afford to hire a lawyer, and you want one, we will not ask you any questions until a lawyer is appointed for you free of charge?
A. Yes, I do.
6. Q. Do you want to talk to a lawyer at this time, or to have a lawyer with you while we ask you questions?
A. I don’t have nothing to hide.
7. Q. Are you willing to answer questions of your own free will, without force or fear, and without any threats and promises having been made to you?
A. Yeah, yeah, get on with it.
75-331D(Rev. 7/70) Page 2
(Det. Milham) Frankie, to clear things up in your mind. That’s what they call the Miranda questions. Everybody we talk to gets the same questions.
A: Am I arrested, for Christ’s sake, or not?
(Det. Milham) You are not under arrest.
A: You had me worried there for a minute.
8. Q. For the record, Mr. Foley, state your name, city of residence, and employment.
A. Frank Foley, Philadelphia. Right now, I work for Wanamaker’s.
9. Q. Mr. Foley, were you in the Inferno Lounge the night there was a double murder there?
A. Yeah, I was. Just before midnight.
10. Q. What were you doing there?
A. I stopped in for a drink. I drink there every once in a while.
11. Q. That’s all? Just for a drink?
A. I been talking with Atchison, the guy who owns it, about maybe going to work there as the headwaiter.
12. Q. Does the Inferno have a headwaiter?
A. Well, you know what I mean. I’d sort of keep an eye on things. That’s a pretty rough neighborhood, you know what I mean.
13. Q. Oh, you mean sort of be the bouncer?
A. They don’t like to use that word. But yeah, sort of a bouncer.
14. Q. You have experience doing that sort of thing?
A. Not really. But I was a Marine. I can take care of myself. Handle things. You know.
15. Q. When you were in Inferno, the night of the shooting, did you talk to Mr. Atchison about your going to work for him?
A. I guess we talked about it. When I came in, we went to his office for a drink. I don’t remember exactly what we talked about, but maybe we did. We been talking about it all along.
16. Q. You went to his office? You didn’t drink at the bar?
A. Mr. Atchison don’t like to buy people drinks at the bar. You know. So we went downstairs to his office.
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17. Q. Was Mrs. Atchison in the Inferno when you were there?
A. No. He said she and Marcuzzi went somewheres.
18. Q. You knew Mrs. Atchison?
A. Yeah, you could put it that way. Nice-looking broad. Had a roving eye, you know what I mean?
19. Q. You knew her pretty well, then?
A. Not as well as I would have liked to.
20. Q. Tell us exactly what you did when you went to the Inferno?
A. Well, I went in, and had a drink at the bar, and then Atchison came over, and asked me to go to the office, and we had a drink down there. And then I left.
21. Q. How long would you say you were in the Inferno?
A. Thirty minutes, tops. Ten minutes, maybe, in the bar and then fifteen, twenty minutes down in his office.
22. Q. We’ve heard that Mr. Atchison used to keep a lot of money in the office. That he used to make loans. You ever hear that?
A. Yeah, sure. He did that. That was one of the reasons we was talking about me working for him. People sometimes don’t pay when they’re supposed to.
23. Q. And you were going to help him collect his bad debts.
A. Not only that. Just be around the place. Keep the peace. You know.
24. Q. When you were in the Inferno, did you notice anything out of the ordinary?
A. No. If you’re asking did I see anybody in there who looked like they might be thinking of sticking the place up, hell no. If I’d have seen anything like that, I would have stuck around.
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25. Q. You said Mrs. Atchison had a roving eye. Do you think that what happened there had anything to do with that? Was she playing around on the side, do you think?
A. Well, she may have been. Like I said, she seemed to like men. But I don’t know nothing for sure.
26. Q. When you left the Inferno, where did you go?
A. Home. It was late.
27. Q. Have you got any idea who might have robbed the Inferno and killed those two people?
A. There’s a lot of people in Philadelphia who do that sort of thing for a living. Have I got a name? No.
28. Q. That’s about all I have. Unless Detective Milham…?
A. (Det. Milham) No. I think that’s everything. Thank you, Mr. Foley.
29. Q. (Mr. Foley) Could I ask a question?
(Det. Payne) Certainly.