14
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As Frank Cullotta was doing his duty as a government witness, his testimony placed additional pressure on Tony Spilotro. But he wasn’t the only thorn in his former friend’s skin; Tony was under assault from other quarters as well. Tony and Oscar Goodman fought back, but it was an uphill battle.
By June 1986, Tony Spilotro had three open cases hanging over his head, all of them federal. Two of the cases were being tried in Las Vegas. In those, Tony was being prosecuted under the Racketeer Influenced and Corrupt Organizations Act (RICO). He stood accused of being the mastermind behind the Hole in the Wall Gang. Many of the crimes committed by the HITWG, including the burglary of Bertha’s and the robbery of the Rose Bowl sports book, served as the predicate offenses upon which the RICO case was based. Lawmen and government lawyers referred to that prosecution as the “Bertha’s trial.” The other pending Las Vegas case alleged that Tony had ordered the murder of federal defendant and witness Jerry Lisner. He’d also been indicted in the casino-skimming investigations and those charges remained unresolved.
The first Bertha’s trial ended in a mistrial. Frank overheard prosecutors say that prior to the start of that trial, Spilotro was offered a sentence of 10 years in return for a guilty plea. Tony and Oscar Goodman rejected the offer. A retrial was scheduled to begin on June 16, 1986. Most experts thought the evidence against Tony was overwhelming. They believed the second trial would result in a conviction. The prosecution seemed to have a strong case in the Lisner matter, too.
Those in the know also thought Tony was in dire trouble in the casino-skimming case. Thanks to agent Lynn Ferrin in Las Vegas and his colleagues in other offices, on September 30, 1983, a federal grand jury in Kansas City returned an eight-count indictment against 15 defendants, including Tony Spilotro. Tony got his case severed from the other defendants and didn’t stand trial with them. But their court cases, which ended in early 1986, resulted in convictions against mob bosses in several Midwest cities. A couple of the big names found guilty were Joe “Doves” Aiuppa of Chicago and Frank “Frankie Bal” Balistrieri of Milwaukee. Kansas City’s Nick Civella was spared the ordeal of a trial and likely conviction only when it was learned he was suffering from terminal cancer. Based on those results, Tony’s chances at trial didn’t look too good.
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In early June 1986, Tony’s 41-year-old brother Michael, who lived and owned a restaurant in Chicago, was contacted by an underling of Outfit boss Joe Ferriola and asked to get in touch with Tony. Michael was to ask Tony to come to Chicago for a meeting. The get-together was scheduled for June 14, two days before the start of the second Bertha’s trial in Las Vegas. Tony responded to the invitation. He and Michael left for their meeting on that day, then failed to return home when they were expected.
In his motel room, Frank received a message to call the FBI. Dennis Arnoldy wanted to talk with him. Arnoldy said, “Tony and Michael Spilotro have disappeared. Have you got any idea where they would have run to?”
“They ain’t run nowhere,” Frank said with certainty. “Tony would never run. He fucked up and he’s dead. If his brother is with him, he’s dead too.”
“What makes you so sure?”
“Tony’s caused the Outfit a lot of problems and he’d stopped generating money. Michael is cocky and has caused problems, too. They aren’t needed anymore. If you whack one, you gotta whack them both. I guarantee you they’re both dead.”
· · ·
On Tuesday June 24, the Las Vegas Review-Journal ran the story on its front page. According to the Associated Press article, the Spilotro brothers were reported missing June 16 by Michael’s wife Anne, who said she last saw them June 14 at her suburban Oak Park home. Several days later a farmer discovered the two badly beaten bodies in a shallow grave on his Indiana cornfield. The bodies were identified as those of Anthony and Michael Spilotro.
An Indiana State Police spokesman said the bodies, clad only in underwear, were buried one on top of the other in a five-foot grave. An examination of the bodies by a forensic pathologist indicated blunt-force injuries, probably caused by hands or feet, resulted in the deaths. They’d been beaten senseless and there was some evidence that they may have been put in the ground while they were still breathing.
The grave was about five miles from a farm owned by mobster Joseph Aiuppa, who’d been convicted earlier that year on racketeering charges of skimming from a Las Vegas casino. Law-enforcement sources said there was no way to know if there was any connection between Aiuppa and the murders.
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The news from Indiana wasn’t totally unexpected in Las Vegas law-enforcement circles. In fact, some lawmen were surprised it hadn’t happened earlier. Gene Smith expressed his feelings this way: “The department had been receiving intelligence that Tony’s days were numbered. He’d been falling out of favor with the bosses for quite a while, because he wouldn’t give up his street rackets and keep a low profile. But he was real tight with Joe Lombardo and that probably extended his life. When Lombardo and the others went to prison on [racketeering] convictions, Tony lost his protection. He wasn’t liked or trusted by the new regime and that sealed his fate. It was just a matter of when.
“As for Michael, the word was that he was running a protection racket without the approval of the Outfit and not cutting them in on the profits. There was also the possibility that if they only hit Tony, Michael might want revenge. The best solution for the boys in Chicago was to get rid of both of them at the same time.”
Kent Clifford believed Tony himself, and law-enforcement’s efforts against him, led to the murders. “Tony’s ego and his ambitions caused most of his problems with the mob. By us [Metro] and the FBI keeping him in the news, he became too much of a liability. Either the law was going to put him away or the mob would take care of him. For Spilotro, those were the only two possible outcomes.”
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When Frank learned officially that Tony and Michael had been killed, he was troubled by the method of execution. During another phone conversation with Dennis Arnoldy, he expressed his opinion. “The way Tony and Michael were killed was terrible. They were beaten to death! Not shot, no cut throats. They were beaten, beaten to death. That’s a hell of a way to die. Nobody should go like that. That was the Outfit’s way of showing Tony wasn’t that tough a guy.”
“Have you got any idea why they were buried the way they were?” Arnoldy asked.
“The Outfit didn’t intend for the bodies to be discovered so soon; they weren’t looking for any more heat. The bodies were buried okay; no mistakes were made there. It was just that the farmer knew his land too well and spotted the fresh dig.”
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In the years that followed the killings, Nancy Spilotro and Oscar Goodman expressed the opinion that the FBI wasn’t exerting much effort to find the murderers. However, records show that the FBI did do a lengthy investigation in an attempt to identify and prosecute the killers. In a redacted report dated May 19, 1993, the FBI summarized the results of their investigation:
“For information of the Bureau, in June of 1986, Anthony Spilotro, a known Chicago LCN (La Cosa Nostra) member and his brother, Michael Spilotro, a known LCN associate and suspected LCN member, were murdered and buried in an Indiana cornfield located at the outskirts of Enos, Indiana. Autopsies conducted showed that both Spilotros were beaten. The cause of death was listed for each as asphyxia, due to blunt forced trauma about the head, neck and chest. The bodies of the Spilotros were positively identified through dental records supplied by Patrick Spilotro, DDS, and brother of the two deceased.
“As in most gangland slayings, cooperation with law enforcement officials by associates and members of the Chicago LCN is virtually non-existent. Several cooperating witnesses and sources were developed in this matter and have provided the following information concerning the time and period just prior to the Spilotros disappearance and subsequent murders and events that followed the murders.
“Approximately 10 days before the murders, Anthony Spilotro arrived in Chicago, Illinois, with a female companion identified as (redacted), of (redacted), currently residing in (redacted). Information from (redacted) indicates that a meeting was scheduled between Anthony Spilotro and (redacted) on the date the Spilotros were last seen alive, June 14, 1986. On June 13, 1986, Michael Spilotro received two important phone calls from (redacted). After the second of these calls, Michael Spilotro was heard telling (redacted) that he had a meeting the next day. It is known from interviews conducted with (redacted) that (redacted) contacted Michael Spilotro at Hoagie’s Restaurant during the evening of June 13, 1986. Hoagie’s Restaurant was owned by Michael Spilotro. During the same evening, Michael Spilotro informed (redacted) that he had a meeting the next day with (redacted). Michael Spilotro said that if he didn’t come back from that meeting, ‘It’s no good.’
“On June 14, 1986, Anthony and Michael Spilotro departed Michael’s residence at approximately 4:00 p.m. and were never seen alive again. Prior to leaving the residence both Spilotros removed all valuables and identifying papers from their persons.
“It is speculated that the brothers met with associates they trusted implicitly and proceeded to the meeting place. Upon arrival at the meeting the Spilotros were beaten and strangled.
“Comments by (redacted) as well as (redacted) and confidential informants seem to indicate the following information regarding the murder of the Spilotro brothers:
“(redacted) and (redacted) participated in the murder of the Spilotro brothers.
“The Spilotro brothers may have been picked up at a motel in Schiller Park on the afternoon of June 14, 1986, by (redacted) and possibly (redacted). The last sighting of the brothers by witnesses was in the bar of the motel at approximately 3:00 p.m. Tony Spilotro’s vehicle was later recovered at the motel parking lot. Because of the close relationship of (redacted) and Tony Spilotro, it is believed that the brothers may have voluntarily entered (redacted).
“It is believed that the six subjects beat the Spilotro brothers to death at a location believed to be near the burial site, located in Enos, Indiana. At least part of the reason for the killings was to get money from Tony Spilotro.
“Redacted paragraph.
“Redacted paragraph.
“Albert Tocco is currently serving a 200-year sentence on a conviction out of the Northern District of Illinois (NDI). An attempt was made to indict Tocco by a Newton County, Indiana, grand jury to enable the state prosecution of Tocco in a Newton County Superior Court, located in Kentland, Indiana. An Assistant United States Attorney (AUSA) from the NDI was to be cross-designated to handle the state prosecution of Tocco. The purpose behind the state prosecution of Tocco was to enable Tocco to receive a death penalty sentence, should he be convicted at the state level. It was hoped that this possibility for the death sentence would convince Tocco to cooperate in the Spilotro murder investigation. However, to date, there has been an inability to make arrangements for the payment of the anticipated high cost of this prosecution to be covered by federal funds.
“On November 2, 1992, Gary Shapiro, Criminal Chief, United States Attorney’s Office, Chicago, Illinois, and David Capp, United States Attorney’s Office, Northern District of Indiana, Dyer, Indiana, advised that they are both in agreement that at that time, there was no viable prosecution in either the Northern District of Indiana or Newton County, Indiana.
“Chicago Division is awaiting (redacted).
“Chicago will notify Headquarters upon the completion of the above and will then re-contact the United States Attorney’s Office, NDI, for a final prosecutive opinion on this matter.”
As additional years passed with no apparent progress in the investigation, it appeared that the murders of the Spilotro brothers would remain another unsolved gangland mystery.
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Frank got of probation in 1986, soon after Tony’s murder. He moved once again and sent the U. S. Marshals a letter telling them he was out of the program. Witness Protection had served its purpose, but as soon as he could he ditched it and became himself again.
Free of the constraints of Witness Protection, Frank’s wife, stepdaughter, and granddaughter rejoined him. That was good news for Frank. The bad news was about the baby. Ashley suffered from a congenitally weak liver and spleen. She had one medical problem after another, putting her mother and grandparents through hell.
Frank and his family struggled for several years with the girl’s health problems and the related costs for treatment. While that was going on, Frank experienced a devastating loss in 1990 when Josephine Cullotta, his mother and best friend, passed away.
And then the FBI called. This time, however, they didn’t want Frank to testify or to interview him in conjunction with some investigation. Instead, the feds were conveying a job offer.
At a time when money was in short supply, the message the FBI gave Frank was that an author had contacted them concerning a book he wanted to write about Las Vegas and the casinos run by Lefty Rosenthal. The author was looking for technical help with the project and if Frank was interested, he should call the writer, Nick Pileggi.
Frank met with Pileggi several times, always flying to different places to talk. After about a year and a half, Pileggi produced a book, then hooked up with movie director Martin Scorsese for a screenplay resulting in the film Casino. Frank worked as a technical consultant on the movie. He tried to instill as much reality as he could in regard to personalities and incidents. He even appeared in six or seven scenes; it was a lot of fun for him.
Frank was in Las Vegas for around four months working on the movie. Eileen and the kids were worried about his safety and his in-laws, who were still living in Vegas, didn’t have much to do with him. He understood that some people still resented him for rolling on Tony, so it didn’t bother him. He wasn’t very worried himself, though. He knew how much of an effort it would take to off him, especially with the number of people working on a movie set and the security that was in place. Unless it was a suicide mission, it wasn’t going to happen.
Frank did get an opportunity to have a little extra protection, however. One of the private security people was a nice attractive girl named Rebecca. One day she told him she’d like to be his bodyguard and, if he requested it, she’d be able to get authorization to carry a concealed weapon.
As a convicted felon, Frank wasn’t allowed to carry a gun himself. He considered what Rebecca had said and thought: If she can carry one gun, she can carry two. One for her and one for me. He requested that she be assigned to guard him, then had her carry two snub-nosed .38s. She asked why she had to have two guns. Frank didn’t want to hurt her feelings, so he didn’t tell her that if anything did happen, he’d feel much better if he could take care of himself.
The fact that Frank was in Vegas was no big secret. The newspapers wrote about him and the son of one of his old partners came to see him. He hugged Frank and said that both he and his father respected him. Some of the wiseguys showed up on the set, too. They told Frank he didn’t have to explain what he’d done; it was over. He was even able to get a couple of them spots in the movie.
Only one wiseguy made any waves. He knew one of the stars and mouthed of about Frank. But that was the end of it.
One other guy tried to cause a problem. The driver for one of the stars, he was also the son of an Outfit guy. Frank was using the name Joe Russo, but the driver knew his real identity. He started telling people who Frank was, but it backfired. Instead of trouble, it resulted in Frank becoming a celebrity on the set. He got along well with all the stars and they treated him with respect. As far as Frank was concerned, Martin Scorsese was a real gentleman, a great man. Even with the former hit man on the set, Scorsese never once got nervous.
After the movie wrapped, Frank returned home. A liver donor became available for his granddaughter and he used the money he’d made from the movie to pay for the operation. The transplant was a success and Frank considered it the best money he ever spent.
Ashley, who’d lugged an oxygen tank around with her for over nine years and never had a childhood, enjoyed several good years after the liver transplant. But her health problems returned. Complications developed during the 19-year-old’s treatment, and the light of Frank’s life dimmed forever in October 2005.
Today, Frank Cullotta resides in an undisclosed location and runs a legitimate small business. He makes an occasional appearance in public as himself. But for the most part, he lives his life out of the spotlight and is at peace with himself.