NYPD detective fatally shot by cafe robbers

Detective Michael J. Foley

On this date in 1937 - Gunmen attempting to rob the Cafe Boulevard restaurant in Manhattan fatally shot Police Detective Michael J. Foley.

The incident led to the wrongful conviction and nearly to the execution of New York resident Isidore "Beansy" Zimmerman.

In 1938, Zimmerman and four other men were convicted of the murder and sentenced to die in the electric chair. The case against Zimmerman rested on testimony of alleged accomplices who received immunity from prosecution, a common occurrence in high-profile cases handled by the office of District Attorney Thomas Dewey. Those witnesses stated that, while Zimmerman was not present when Detective Foley was shot, he had planned the armed robbery that resulted in the fatal shooting.

On the day scheduled for execution, Governor Herbert Lehman commuted Zimmerman's sentence to life in prison. "Beansy" was taken from Death Row and evaluated for emotional problems by medical staff before being moved to the prison's general population. He spent the next twenty-three years in penitentiaries - Sing Sing, Auburn, Dannemora and Green Haven. Bitter over his treatment and emotionally scarred from his near-execution, Zimmerman was an uncooperative prisoner and frequently served disciplinary terms in solitary confinement.

Isidore 'Beansy' Zimmerman

Later investigations revealed improper actions by Dewey assistant Jacob Rosenblum. Rosenblum was found to have hidden evidence of conflicting statements by the witnesses used against Zimmerman.

In January 1961, the New York State Court of Appeals ordered a new trial for Zimmerman. Prosecutors decided not to retry the flawed case. Zimmerman was released from prison in February 1961. The original indictment against him was dismissed in March 1967.

In 1981, two decades after he was released from prison, New York Governor Hugh Carey agreed to permit a Zimmerman lawsuit. Zimmerman won a court judgment of $1 million in the late spring of 1983. He was left with $660,000, after paying off his large legal expenses. He had little time left to enjoy the money. He bought a new car and took a short vacation in the Catskills before he died.

Sources:

• “Detective is slain battling 4 thugs,” New York Times, April 11, 1937, p. 21.
• “Indicted in police death,” New York Times, April 23, 1937, p. 2.
• “Five are convicted in police killing,” New York Times, April 15, 1938, p. 11.
• “5 young bandits sentenced to die,” New York Times, April 23, 1938, p. 32.
• “3 die, 2 are spared for hold-up death,” New York Times, Jan. 27, 1939, p. 42.
• Howard, Jane, “Wrong man in jail,” LIFE, May 15, 1964, p. 57-64.
• “Resigns as Dewey aide,” New York Times, Dec. 31, 1941, p. 20.
• Isidore Zimmerman v. City of New York et al., Supreme Court of New York, Special Term, New York County, 1966, ny.findacase.com, accessed May 5, 2016.
• “Jacob J. Rosenblum dead at 73; Dewey homicide bureau chief,” New York Times, Jan. 24, 1971, p. 65.
• Zimmerman v. State of New York, Court of Claims, 76 Misc. 2d 193, 1973, casetext.com, accessed May 5, 2016.
• “What price a Zimmerman?” New York Times, June 5, 1983.
• McFadden, Robert D., “Isidore Zimmerman, 66, man unjustly jailed for a murder,” New York Times, Oct. 14, 1983.

April 6, 1950: Bullets take KC political leader, aide

On this date in 1950, Charles Binaggio and Charles Gargotta were found dead inside the First District Democratic Club headquarters,  716 East Truman Road, on the North Side of Kansas City. They were found, several .38-caliber bullet wounds in their heads, at about four o'clock in the morning.

Binaggio was found dead in his political club office.

Binaggio, 40, was the Democratic Party boss in the North Side, where many Italian-Americans resided and voted. A one-time follower of the late Democratic machine boss Thomas Pendergast and John Lazia, who was murdered in 1934, Binaggio served as a link between Missouri Democratic politicians and the Italian underworld of Kansas City and St. Louis. His command of the North Side vote gave him great political power across the state. He was believed to be a close ally of Kansas City Mafiosi, including James Balestrere.

Binaggio's political faction rivaled and quickly eclipsed the Pendergast machine when, after the death of Tom Pendergast, that organization was controlled by Pendergast's nephew James.

Gargotta, 49, was Binaggio's bodyguard and right-hand-man. The local press noted that Gargotta been arrested forty times in a thirty-year period. Charges of murder, gambling, robbery, extortion, carrying concealed weapons and violating liquor laws were all dismissed. Gargotta was convicted once, on an assault to kill charge stemming from the attempted murder of Sheriff Tom Bash. Gargotta served a 19-month prison sentence for that offense. Gargotta also rose to power under the guidance of Pendergast and Lazia.

Before his murder, Binaggio announced that he would soon be leaving politics. His failed efforts in recent years to win approval for legal gambling in the State of Missouri was a costly disappointment to his underworld associates. Binaggio's political manipulations and criminal connections were constantly in the press during that time, and Binaggio became the target of federal investigations.

St. Louis Post-Dispatch, April 6, 1950.

Binaggio's body was found slumped in a swivel chair behind a desk in the headquarters' outer office. There were powder burns around his wounds, indicating that a pistol had been placed against his head and fired.

Gargotta's body was found on the floor near the door. He had a gunshot wound to the base of his skull, apparently due to a bullet fired from some distance. Three other wounds in the left side of his head were closely grouped and powder burned.

Recommended books on the Kansas City underworld:

•  The Mafia and the Machine: The Story of the Kansas City Mob
•  Open City: True Story of the KC Crime Family 1900-1950

New Orleans underworld boss murdered

On this date in 1869, New Orleans Mafia boss Raffaele Agnello was shot to death during an underworld feud. 

New Orleans Crescent, April 2, 1869.

Agnello, accompanied by his godson and bodyguard Frank Sacarro, was on a walk around the French Quarter when a noise from Old Levee Street behind him caught his attention. When he turned back to resume his walk, a bareheaded man in a long frock coat stepped forward and pointed a brass-mounted blunderbuss pistol at the boss's head.

The pistol fired, launching chunks of metal into Agnello's skull and killing him instantly. Some of the blunderbuss's projectiles missed the mark and cracked through the windows and walls of the Joseph Macheca produce store and the Norman & Reiss bakery on Toulouse Street. Sacarro's left index finger was wounded when he thrust out his left hand toward the weapon as it fired.

The gunman in the frock coat fled through the bakery pursued by Sacarro, who drew a pistol and managed to wound him with a shot. The gunman, leaving behind a trail of blood, escaped through a rear exit. Frank Philips, a baker working at Norman & Reiss, was wounded in the right leg by some flying lead.

In the summer, authorities arrested Joseph Florada (who may also have been known as Gaetano Arditto) as a suspect in the Agnello killing. Sacarro would not identify Florada as the man he saw shoot his godfather, and the suspect was set free.

Agnello had been leader of a Mafia organization comprised of Palermitani. His enemies, an alliance largely made up of Messinesi and Trapanesi, had a momentary advantage in an underworld struggle that had already lasted several months, since the killing of Litero Barba, reputed leader of a Messinian gang. The war was not yet over, however. Raffaele Agnello's brother Joseph stepped up to the leadership of the Palermitani and continued the fight until his own murder in 1872.

For more about this subject try Deep Water: Joseph P. Macheca and the Birth of the American Mafia.

Chicago Outfit big shot shoots self

On this date in 1943, Chicago Outfit leader Frank Nitti responded to news of a federal indictment by sending his wife to pray a novena, getting himself drunk and then firing a bullet into his brain. 

Chicago Daily Tribune, March 20, 1943.

The indictment was not entirely a surprise. Chicago mob bosses were well aware that their plot to extort millions from the motion picture industry and theater projectionists had been exposed. Willie Bioff - hand-picked by Nitti to oversee the racket - and Bioff's more visible partners had already been convicted in federal court. And it was clear that federal investigators were not done. News from New York suggested that some mob big-shots in Chicago were likely to be indicted. It seemed certain that Bioff was aiding the investigators, but the extent of the damage was not known until March 19, 1943.

Chicago Daily Tribune
Oct. 25, 1941

That's when authorities in New York announced that indictments for racketeering conspiracy and mail fraud had been returned against Frank "the Enforcer" Nitti (real name Nitto), Paul "the Waiter" Ricca (DeLucia), Louis "Little New York" Campagna, Philip D'Andrea, Charles "Cherry Nose" Gioe, Ralph Pierce and Francis "Frank Diamond" Maritote. Bioff's betrayal had been complete.

Nitti had bet his reputation - and, likely, his life - on Bioff's reliability. When the extortion plot first came to light with complaints that mobsters controlled the International Alliance of Theatre and Stage Employees (IATSE), Outfit leaders contemplated severing their most dangerous connection to IATSE by murdering Bioff. Bioff reportedly survived only because Nitti opposed the idea.

On the morning of March 19, attorney A. Bradley Eben (a former assistant U.S. attorney) called the Nitti home at 712 Selborne Road in Riverside, Illinois, and provided his client with news of the indictments. Nitti made arrangements to meet with Eben at his law office that afternoon, but the mob boss actually had other plans.

Nitti told his wife of nine months, Antoinette (known as "Toni") Caravetta Nitto, to begin a prayer novena at Our Lady of Sorrows Church on Chicago's west side. (The Sorrowful Mother Novena was an enormously popular service at the church from the late 1930s into the 1950s.) She left the house at 1:15 that afternoon.

Nitti was next seen by railroad employees at about three o'clock, as he staggered along the Illinois Central tracks near Harlem Avenue and Cermak Road, less than a mile from his Selborne Road home. As the railroad men called out to him, the intoxicated Nitti leaned back against a chain-link fence, drew a handgun and fired it twice, sending bullets through his hat. Positioning the weapon more carefully, he then fired a third shot. The slug entered the right side of his head near his ear and traveled upward, lodging in the top of his skull.

Chicago Daily Tribune, March 20, 1943.

When police arrived, they found Nitti's driver's license and Selective Service draft card - both made out in the name Frank Nitto - in his pockets. The documents gave his birthdate as Jan. 27, 1886. The draft card contained his Selborne Road address. The license, however, showed an address of 1208 Lexington Street in Chicago, which belonged to Lucia Ronga, mother of his first wife, the late Anna Theresa Ronga Nitto.

Toni Nitto returned home about a half hour later. "The first I knew of what had happened was when [the police] came and told me he was dead," she later told the press. "I knew something was wrong. There were always strange men watching our house. He knew something was up, too. Frank wasn't well - it was his stomach, nerves I think. They were always after him. They wouldn't let him alone. They made him do this."

Toni's brother Charles appeared at the coroner's inquest to testify that Nitti had been dealing with a number of issues: "He was suffering with a heart ailment and he had stomach trouble. I think he was temporarily insane." Some sources indicated that Nitti was also suffering with physical pain from a serious gunshot wound suffered back in 1932 and with lingering emotional pain from the death of his first wife in November of 1940.

A federal informant provided a more direct explanation for Nitti's suicide: "It was that or be killed. [The Outfit] held Nitti responsible for the problem. Bioff has been his man and it was Nitti who had persuaded the group to withdraw the original 'hit' order on Bioff. It was felt that if they had killed Bioff earlier in the investigation, his death would have silenced most prospective witnesses."

Nitti's estate was valued at greater than $74,000. That was divided between the widow Toni and Joseph, Nitti's son by his first marriage.

What happened to Willie Bioff? Click here.

Sources:

• World War II draft registration card, serial no. U2138.
• Yost, Newton E., "La Cosa Nostra," FBI report, file no. 92-6054-683, NARA no. 124-10208-10406, July 22, 1964, p. 18.

• Fulton, William, "5 aliases bob up to haunt Bioff at extort trial," Chicago Daily Tribune, Oct. 30, 1941, p. 2.
• "List gangsters who prey on Chicago unions," Chicago Daily Tribune, March 18, 1943, p. 1.
• Wiegman, Carl, "Nitti kills himself!," Chicago Daily Tribune, March 20, 1943, p. 1.
• "Gang leader Nitti kills himself in Chicago after indictment here," New York Times, March 20, 1943, p. 30.
• "Nitti long held business chief of underworld," Chicago Daily Tribune, March 20, 1943, p. 6.
• Geserick, June, "Nitti sent wife to church at hour of suicide," Chicago Daily Tribune, March 20, 1943, p. 6.
• "FBI hunts new clews bearing on Nitti suicide," Chicago Daily Tribune, March 21, 1943, p. 3.
• "Nitti's widow once was secretary for slain Edw. J. O'Hare," Dixon IL Evening Telegraph, March 22, 1943, p. 7.
• Wiegman, Carl, "Schenck bares Bioff threats; cash paid here," Chicago Daily Tribune, May 26, 1943, p. 2.
• "Swears Nitti was treasurer of movie union," Chicago Daily Tribune, July 3, 1943, p. 6.
• "Bioff reveals tributes paid by movie firms," Chicago Daily Tribune, Oct. 8, 1943, p. 15.
• "Frank Nitti leaves $75,000 estate," Bloomington IL Pantagraph, Oct. 12, 1943, p. 1.