Cullotta: The Life of a Chicago Criminal, Las Vegas Mobster and Government Witness (30 page)

Eighteen of the 19 federal racketeering indictments and 14 of the 15 federal convictions were related to Tony Spilotro’s streetcrime activities. They included burglary, robbery, arson, interstate transportation of stolen property, and murder. Two of the named defendants were Tony Spilotro and Cullotta himself. The other 16 were either members of, or associated with, the Hole in the Wall Gang or people who’d conspired with them in the commission of criminal acts. Included in the latter were a Las Vegas merchant and a casino executive.

On September 15, 1983, the
Review-Journal
reported the indictments. According to the article, reputed mobster Anthony Spilotro was accused of ordering a murder and overseeing a multimillion-dollar burglary ring in two federal indictments unsealed the previous day in Las Vegas.

FBI officials believed the burglars struck at least 200 homes or businesses in 1980 and 1981, making it the largest organized burglary operation in Las Vegas.

Tony and Michael Spilotro, along with 16 other men, were charged with 17 counts of racketeering. The charges included conspiracy, illegal transportation of a slot machine, interstate transportation of stolen property, possession of stolen Air Force radio equipment, mail fraud, extortion, and the use of a firearm in the commission of a felony. Tony Spilotro and alleged hit man Wayne Matecki, of Northridge, Illinois, were also accused in a separate indictment of violating the civil rights of a suspected con manturned-government-witness, Jerry Lisner, by plotting to kill him.

The burglary/racketeering indictments were based on the testimony of Frank Cullotta and federal informant, Salvatore Romano, a one-time member of the burglary ring.

Besides the Spilotro brothers, Matecki, and Cullotta, the other 14 men indicted included Larry Neumann, Leo Guardino, Ernie Davino, Joe Blasko, Pete Basile, Herb Blitzstein, James Patrazzo, Elie Nader, Freddie Pandolfo, and five others.

Elie Nader, owner of Nader’s Clothing Store, allegedly contacted Cullotta to torch his shop in May 1980. Cullotta, Leo Guardino, and Ernie Davino carried out the arson. Nader’s filing of an insurance claim resulted in a charge of mail fraud.

Freddie Pandolfo, an assistant casino manager at the Stardust, was charged with conspiring with Spilotro and others to commit nine residential and two commercial burglaries during 1980 and 1981.

Between the issuing of the indictments and the first trial, which ended in a mistrial on April 7, 1986, some of the defendants were dropped from the case. Others extricated themselves by making plea deals. The remaining defendants, including the Bertha’s burglars, all entered guilty pleas. Prosecutors believe the rapid succession of admissions of guilt was a clear indication of the strength of their case.

Wayne Matecki was sentenced to five years for his racketeering conviction and five years for violating Jerry Lisner’s civil rights.

The same five Hole in the Wall Gang members were also convicted on state charges of burglary and armed robbery, thanks to Frank’s testimony.

The other federal indictment credited to Frank was against the man who had driven the getaway car the night of the home-invasion robbery in Florida. He was charged with interstate transportation of stolen property for going along with Frank when the hot ring was delivered to Michael Spilotro in Chicago. Frank’s testimony led to his conviction at trial.

Besides the cases brought as a result of Frank’s grand-jury appearances, he was called to Chicago to take the stand against Peanuts, the man who had organized the Brinks armored truck robbery, and another defendant in an unrelated case.

In another appearance in Illinois, Frank testified against Carl Messino. He was the Elmwood Park cop who stopped Frank while he was transporting a stolen safe and let him go in return for 10% of the score. Messino eventually became the chief of police and was allegedly involved in criminal activity on the side. The case against him was later dropped due to a lack of evidence.

In addition to prosecutors, politicians and lawmakers also sought Frank’s knowledge. He appeared before a session of the President’s Commission on Organized Crime held in New York City. Seated behind a screen to conceal his appearance, he explained the structure of organized crime.

The Florida Governor’s Commission on Organized Crime wanted to talk with him, too. Besides his knowledge of organized crime, they wanted to hear from a criminal’s perspective what effect legalized gambling had on the community.

However, Frank’s first appearance as a government witness in open court wasn’t to help win a guilty verdict at trial. His debut was to provide character evidence at a pre-sentencing hearing in Chicago in February 1983. The defendant was his old acquaintance, Joey “the Clown” Lombardo, the same man who had authorized Frank’s beating at the hands of Louie the Mooch years earlier. Lombardo had been convicted of bribery and was facing up to 55 years in prison. Prosecutors called on Frank to tell what he knew about Lombardo’s ties to the Outfit and his position within the organization.

On February 9, the
Chicago Tribune
described the court appearance of the previous day: “Former mobster Frank Cullotta testified that he sought permission from Joseph ‘Joey the Clown’ Lombardo to kill a man for causing a disruption at his disco. But Lombardo approved only breaking the man’s hands and legs.

“‘What I want you to do is break his hands, break his legs,’ Cullotta said Lombardo told him. ‘Then if he don’t get the message, later on you can kill him.’

“The disclosures were made in a tightly guarded federal courtroom during Cullotta’s public debut as a government witness.

“The testimony was central to the government’s effort to portray Lombardo as a top mob figure before he is sentenced for his role in the conspiracy to bribe former U.S. Sen. Howard Cannon [D., Nev.].

‘The 44-year-old, bearded Chicago native then recounted a criminal career dating to his days as a teenager. He said he has committed 50 armed robberies, 200 burglaries and 25 arsons. And, he said, he participated in two murders and arranged two others.

“In 1976, Cullotta had been running a disco called Spanky’s in Schiller Park, a Chicago suburb. One night, he recalled, a chronic troublemaker supposedly started a fight that damaged the club and left several people hurt.

“‘I decided to get an okay to get him killed,’ Cullotta said.

“He said he went to see Lombardo, meeting him on a street near the mobster’s home at 2210 West Ohio Street. He said Lombardo told him to come back the next day with a photo of the troublemaker.

“When he returned with the photo, he said, Lombardo told him that he couldn’t kill the man. He told him he would have to be satisfied with breaking the man’s hands and legs, Cullotta testified.”

Lombardo drew a 15-year sentence.

Other lawmen also disagree with Mr. Goodman’s assessment of Frank’s usefulness as a government witness. Sheriff John McCarthy compared Frank’s decision to become a government witness with similar actions by Jimmy Fratiano and Joseph Valachi. He said Frank was having a rippling effect on both those in law-enforcement and in the Mafia all across the country. It was educating the lawmen and scaring the mobsters. “It’s opened up a new facet to organized crime being involved and tied to a lot of crimes— something many law enforcement professionals, including myself, didn’t understand.”

Frank may have been granted immunity from criminal prosecution while wearing his witness hat, but he wasn’t immune from life’s other trials. To begin with, while he was still incarcerated in San Diego, his wife became disenchanted with Witness Protection.

Eileen was still in Virginia Beach with her son when she told Frank she wanted out of the program. She wanted to move to Pennsylvania and live with her sister. Frank knew she was lonely and unhappy. He told her if that was what she wanted to do, she should go ahead and do it.

Eileen made arrangements for her sister to pick up her and her son. Money was tight for her right then, so Frank asked the FBI if they could help out until she could get back on her feet again. They promised to help and they did.

Eileen and her son remained with her sister for two years while Frank was in prison. She experienced no incidents of mob threats or intimidation during that time.

Frank hadn’t lived what most people would consider a normal life in decades. He’d either been out doing crimes or in jail. He had to wonder whether his phone was bugged, if there was a tracking device on his car, or if the guy he was talking with was wearing a wire. Whether he was at home or working in his restaurant, he never knew when the law would show up with a search or arrest warrant or when a stranger, or even a friend, might put a bullet in the back of his head. Life in Witness Protection may not have been totally normal, but it was as close to it as Frank had been in a long time.

When Frank was released from prison in 1984, he was moved to Texas. Eileen reentered Witness Protection and joined him, but her son went to live with his natural father for a while. Later the boy returned and his stepdaughter Kimberly arrived after that.

Kimberly was single and pregnant and suddenly Frank had a whole new life. He had a wife, kids, and a grandchild on the way. Neither the cops nor the G were after him. Nobody was out to get him, other than, possibly, some Outfit guys. He was part of a big happy family and it was great. Kimberly gave birth to a daughter, Ashley, in November 1985. She was a beautiful child, the light of Frank’s life.

But old habits are hard to break and after the baby was born, Frank became a little uncomfortable again about everyone’s safety. When he thought it over though, he realized it would take a big effort for the Outfit to find him and send someone to kill him. He thought he’d already testified against everyone he was going to, and they probably didn’t want him bad enough anymore to exert that much energy.

Frank hadn’t quite finished his courtroom obligations, however. On a trip back to Chicago to testify, a bizarre set of circumstances occurred that could have cost him his life.

While he was in Witness Protection, Frank’s security, including when he was traveling to court appearances, was provided by the U.S. Marshals. Overall, they were quite efficient, but on one occasion there was a security breakdown. In the position Frank was in, one mistake could very well be one too many.

He had to return to Chicago to testify against a couple of his former associates: Peanuts, of the Brinks robbery, and a guy called Billy the Goat. Frank got out of court around 6 p.m. and a pair of marshals took him back to O’Hare to catch his flight. They drove out to the airplane in unmarked cars, then walked him up the stairs and into the plane. After they got him on board, they were supposed to hang around in their car until the plane taxied away.

All of a sudden an announcement was made: The plane was experiencing a mechanical problem and all the passengers had to disembark while the problem was being fixed. The delay was estimated at two hours. Frank looked out the window and the marshals were nowhere to be seen; he exited the plane with the rest of the passengers.

Inside the terminal Frank found a pay phone and called the marshal’s office; there was no answer. He then tried the secret number he’d been given. That number had been changed! He couldn’t believe it; the emergency number had been changed and nobody bothered to tell him. Getting a little nervous about loitering around the airport in Chicago, he went to a ticket agent and bought a ticket for the next departure to Dallas. It left in half an hour.

When Frank boarded that plane, he saw two familiar faces, both Outfit guys. One of them was Paul, the thief and hit man he’d worked with in Scottsdale, Arizona. Paul looked him right in the eye like he couldn’t believe what he was seeing. Frank grabbed his things from the overhead compartment and got off the plane; inside the terminal he hid behind a pillar. Paul and his companion came out, looking all around. When they got back on the plane, Frank took a cab to Midway Airport. Between the ticket to Dallas and the cab ride, he’d gone through $200. He hoped he had enough money left to get another ticket out of town.

From Midway he called the local FBI office and left a message on their answering machine. Within five minutes an agent named Dave Kelly called him back. Frank explained what had happened and Kelly told him to get a hotel room, then call him. After securing a room near the airport, he again called Kelly. To Frank’s relief, Kelly and his partner were at his door within 20 minutes.

Frank explained everything again. Kelly said, “My God! The Strike Force attorney is going to be pissed off when he hears this. I mean really pissed.” The two agents took Frank back to the airport and got him on another flight. But his troubles weren’t over yet.

He was in his seat when the flight attendant stopped and asked his name. He was traveling under an alias and gave her the name from his ticket. When she left him, she stopped and spoke to a man seated a few rows ahead. Upon landing in Dallas, Frank noticed that the guy the attendant had spoken with didn’t leave his seat. As Frank walked past him the man said, “Hi, Frankie. How ya doin’?”

Pretending not to hear him, Frank kept moving. But the man spoke to him again. “Frankie Cullotta, didn’t you hear me?”

This time Frank answered. “I’m afraid you’re mistaken. I’m not this Cullotta person.”

He said, “You’re Frank Cullotta all right. I know you; I was a floorman at the Stardust.”

“I’m sorry, but you’re wrong,” Frank said, and continued down the aisle.

A marshal met Frank inside the airport. Frank didn’t say anything to him about his encounter with the man from the Stardust out of fear he and his family would be relocated. He did mention it to Eileen, though. She said, “Thank God you’re safe. You had an awful streak of bad luck.”

Frank replied, “It wasn’t all that bad. After all, I came face to face with an Outfit hit man and I’m still alive.”