This episode may contain content of a graphic nature, including descriptions of physical and sexual violence against adults, children, and animals. Listener discretion is advised.
Hi everyone, I'm Tanya and I'm Teleah and we are Crimes and Consequences, a true crime podcast.
Hi Shannon, Hey Tanya, how are you.
I'm doing pretty good, not bad? How about you?
Same same? I'm loving this weather, change me too, write.
Summer.
So yeah, it's the best. It's nice. Yeah.
So I have part two of the Michael Malloy story to tell.
I cannot wait.
I know you're running in your seat.
Oh. I've been thinking about him, about that alcohol and the wood grain and just the constant these guys just not giving up in his intestinal true intestinal fortitude of this man.
Right, It's amazing. Yes, Before I get into it, I would just like to remind everyone to hit subscribe or follow on whatever app you're listening to. And part two, I'm gonna remind everyone where we left off in case you know it's been a week since you've listened, or it could be like a year since you've listened to it, because we could you. So, I introduced Joseph Patrick Murray. He was thirty one years old. He was looking for work at the time. He stumbled his way into Marino's Bar,
and he kind of looked like Michael molloy. So what the Murder Trust did was they put Nicholas Mellory's ID in his pocket and they were getting ready to do something with him. Oh remember they had that plan where they were going to hold Michael up and then the car was going to run at him and they're going to let go of him, right, Yes, So they did that with Joseph Murray and they get back in their car, like the car hits Joseph Murray, they all pile back
into probably Hershey's cab and whatever. So now they're convinced that Joseph Murray is dead. But they found themselves in the same situation that they were in with Michael malloy because the last place they had left him, the last time they had seen him, they left him in the street, yes, and they left him with Nicholas Mellory's ID in his pocket. So you know they're they're wondering, like, Okay, did Joseph
Murray die? Is Michael dead? Hers She turned in the cab that night to his employer after having driven ten hours and only making a dollar forty little suspicion, well, a little suspicious, So he walks into the office to turn in the key and he found a message from his boss that Detective Lloyd had stopped by to discuss
some things with him. So, going to Marino's speakeasy that night, Hershey brought the note with him that his boss had left him about this connective wanting to talk to him, He brings it and he hands it over to tough Tony Maglioni. So when hersh went to the police station to meet with Detective Lloyd, tough Tony waited in the car, and when Hershey came out, he relayed that a witness had reported seeing his cab run over a pedestrian, which
happened to be Joseph Murray right now. So after they talked to him, they let her she go and Hershey and tough Tony drove to Tony Marino's house wake him up and tell him about this news that guess what Joseph Murray survived. No, oh, my gosh, yes, they're fucking it up all over there.
Our Keystone cops about it.
So they're not able to collect any insurance money on his death.
Oh my goodness.
So I'll tell you about another guy. So his name is Valen Jenkins. He worked nights at a feed company, stacking bags of feed and processing orders. One night, while he's performing his mundane tasks, he sees two men pulling a third guy out of a cab and holding him up, and this car is running at him. Okay, so he he he's the witness who sees her driving his cab
into Joseph Murray. Right, So he took note of the license plate before the cab screeched away, and he called emergency services and he turned in the license plate number to the cops. Joseph Murray was ended up remaining in the hospital with his injuries for forty five days.
He was sad. Yeah, I bet run over by a car hit. Yes, I bet you. He backed over him. It was not going to be pretty right.
The hospital staff found Nicholas Mallory, the Nicholas Mellory id on Joseph Murray, and the hospital staff turned it over to the police.
Good So, when.
Red began calling hospitals and morgues to find out, you know, the whereabouts of Joseph Mallory, there was no patient or body or anything as society. So Frank Pascual remember him. He was becoming more and more irritated with the incompetencies that were.
Surrounding incompetence, that's a good awesome word for this.
You know, surrounding this murder plan. Brother, and he just really he was anxious. He just really wanted to have it done. So he reached out to a man named doctor Frank Manzilla, and he was a man that Frank had often used to sign death certificates in his funeral business. So he quietly discloses the plot that they had come
up with to murder Michael Malloy. And he discloses this to doctor Manzella, and he says, I'll give you one hundred and fifty bucks if you sign the death certificate of any individual who ends up dead as long as the name Nicholas Mallory is on the death certificate.
Right.
So doctor Manzila, because everybody's hurting for a box, he says, sure, I'll do this, I'll do it. And now Frank Pascua he's working on a new murder scheme.
Oh yeah.
The new scheme was that Tony Marino, the owner of the speakeasy. He was going to look for a room to rent that had a gas jet installed in the wall. So what they were going to do is they were going to bring their victim into the room. They were going to attach a hose to the gas and then have that person breathe in the gas and die from
gas poisoning. And you know, once they were Frank was gonna call the doctor to write a death certificate and then you know, kaching, they'd have their Nicholas Mellory and it would be done.
These guys are so fucking stupid. I mean, you're gonna run a room to asphyxiate. I just keep like a freaking mouse trap.
You.
No one can be direct a bunch of pussies, I think. I you know, he's a lou. Everyone's probably a drunk. Oh boy, it's elaborate. It's elaborate, right, and it.
Keeps thinking so highly of yourself. I'm gonna make another plan.
And I'm not gonna get caught.
Right, Yes, I'm gonna tell another person because Lou slips.
Right, We're gonna let the person in in the secret. Right, there's now like fifty people who know idiots.
YEA.
Fortunately for the guys for this murder. Trust they didn't have to wait long before they focused on a new victim. So two weeks after leaving Michael mlloy's body in the gutter, the man the New York Evening Post would eventually call Michael Iron. Mike Mallory shuffled in back into the bar, and he asked Red to pour him a drink. So Red instinctively reaches for this bottle of paint thinner, and Michael malloy has showed up and he takes a swig.
Marino Tony sat next to Michael and playing the concerned friend. He's like, dude, where have you been? Right? So Michael only remembered part of the story. He said he woke up in the gutter screaming for help. He later was found by a policeman while standing in the gutter yelling, and he was covered in blood. An ambulance took him to Fordham Hospital, where he was found to have a fractured skull, a fractured shoulder, a concussion, and alcoholism apparently
was a diagnosis. So he'd been in the hospital for only five days when Red and Daniel Kresburg went out looking for an apartment for their kill room. They were in a rush that now they had the victim again, they have Michael. So they go out to find this this room to rent. Tough Tony had given them one of his counterfeit twenty dollars bills.
Oh isn't handy?
Yeah. In the room they decided to rent was at an address of twelve ten Fulton Avenue. The landlady was Dlia Murphy. She was home when they knocked on her door, and Red introduced himself as Joseph Mellory and he asked about the room to rent. In the fourth floor walk up, they reached a room finding a bear space with nothing but a bed, a small table, a chest of drawers,
a lamp and the gas pigot. So they said, yes, this is the room we would like to rent, and they paid missus Murphy thanked her, and they went on their way back to the speakeasy to report what they'd done. So to certain stories recounting the members involvement, tough Tony devised a plan to get Michael Mallory in the room and get him gassed. By the time the arrests took place, tough Tony had been killed, so he was unable to defend himself. But this is the story that was told, okay.
So On February twenty second, nineteen thirty three, Red was behind the counter at the speakeasy, Tony Marino sat in a corner, tough Tony sat at a table, and Michael Mallory had taken his place at the bar. Red gave Michael Mallory the whiskey bottle. Daniel Kresburg showed up to see Red and tough Tony pouring Michael mlloy drinks. Tough Tony took it upon himself to speed things up, and
he challenged Michael mlloy to a drinking contest. They replaced the whiskey with the wood alcohol, and Red took his place pouring drinks for Michael mlloy and tough Tony, draining their glasses shot after shot. It took about twenty minutes and nearly two courts of pink dinner before Michael molloy drooped on the stool and sunk to the floor. Once he was unconscious, Tony Marino told Red to carry Michael
malloy to the apartment. He was given a small bottle of wood alcohol as he walked out of the speakeasy, and he tucked it into his pocket. Around nine point thirty that evening, Joseph Mallory Red reached his landlady's door with his brother Nicholas in tow and missus Murphy. Delia later told investigators that Nicholas was frothing at the mouth as her tenant carried him up to his apartment and put him to bed.
Oh gosh, yeah, it was terrible. I just feel so bad for this guy. Right.
Torture, absolutely, m So it wasn't long after he laid down that Michael Mallory started groaning, a sign that consciousness was near. Red pulled the bottle out of his pocket and he left it on the table for Michael before heading back to the speakeasy. Once he got there, Tony Marino told Daniel Kresburg, who was sitting playing peanuckle with tough Tony, that he needed to go to the apartment with Red and make sure he's gone, meaning Michael. So Red followed him out the door and the men walked
back to the apartment together. They went up and closed and locked the door behind them. Once they got in the room, Daniel Kresburg brought a pistol with him, and he aimed it at Michael with one hand while the other reached into his jacket pocket and took out a length of rubber pipe, because they're going to asphyxiate him now. With yes pulling their victim out of the floor, Daniel Kresburg attached one end of the hose to the gas
outlet and put the other end in Michael's mouth. He pulled a towel out of another pocket and wrapped it around Michael's face to hold any excess gas that might escape his mouth, and then he turned on the nozzle and let the gas flow into Michael's lungs. It took not even five minutes. Four finally stopped breathing, and Daniel
turned the gas off. The two men, Daniel and Bred, stayed in the room for five more minutes, probably just to make sure Michael was finally dead, because he's like, yes, the undead, He's like the zombie that's.
Yes, to make sure.
Daniel declared him dead shortly after, and then he put the gun away. He removed the towel and shoved the rubber hose into his pocket before they left to go back to the speakeasy. Leaving Michael on the floor of the apartment. Once they reached the speakeasy, Tony approached Daniel to find out what had happened. Relaying everything, Daniel let the men in the bar know that Michael was finally dead. Tony Marino then ordered Red head back up to the
apartment and sleep with the corpse to night. Yeah, so the landlady wouldn't know what happened until the morning.
Right.
Additionally, after as many times as they thought they'd been successful, it was better to be safe and ensure that Michael was in fact dead. Sored agreed to do this because he has this opportunity to sleep in an actual bed. Oh wow, that didn't happen very often, right, I don't think he had a place to crash. I think he crashed at the bar a lot. With the news of Michael's death, Frank Pesqua went about arranging the plan for the doctor and other witnesses to make it seem more
legitimate for the landlady. Around eight o'clock the following morning, Joseph Mellory said good morning to missus Murphy, after which he inquired about how his brother was doing. He told her, don't bother my brother, he's really sick. So he let her know he'd be back shortly, and he walked onto the street and he went back to the speakeasy. When he returned to the apartment, Frank came with him. So
Frank introduces himself to Missus Murphy, the landlady. He introduced himself is the undertaker, and he informed her that there would be a doctor coming by shortly, and Joseph Mallory took the mortician up to the fourth floor apartment. Now I don't know, like in between, like did she find out he was dead, because as fas as he knew, he was just sick. But I don't know, But this
is what happened. Around nine o'clock, Doctor Manziella knocked at Missus Murphy's door, asking where the patient was, and she took him to the top floor and the door of Michael Malloy's room right The doctor briefly looked over the patient and declared him dead because of death would be low bar pneumonia. They were not going to be collecting on the double indemnity the accident clause. Oh, and he told Frank to swing by his office later that morning
for the death certificate. Frank covered the body with a sheet and told Red that he was going to go to the health department and to request body removal. Okay, Doctor Manzela prepared the death certificate for Frank to pick up around noon. When he stepped by doctor Manzella's office, he looked it over and noted the cause of death for Nicholas Mellory before heading to the apartment to await
Michael mlloy's removal and transport to the mortuary. So when a body normally would arrive at Frank Pasqua's funeral parlor, it would be embalmed and prepped for burial. Then it would be washed and dressed in nice clothing. Someone would come and comb the hair and apply makeup, and someone would pick out the casket and the gravesite with the murder Trust victim. None of that ended up happening. No family member was there to view the body or select a casket, and no one to wash him up, but
Frank would still be charging for it. He rolled the cheapest wooden box over next to the slab that Michael's body was resting on, and he rolled Michael into it before closing the lid. The bill Frank sent to the insurance company was nothing less than a pure fiction. It included a funeral procession, flower arrangements, and a suit. Frank was looking at making over three hundred and forty dollars on my funeral.
Gosh right wow.
The next morning, February twenty fourth, two days after Michael was murdered, Frank Pascual went to the Department of Health and filed the death certificate On this day too. Michael Malloy was laid to rest in the Saint Francis section of the cemetery, which was set aside for charity graves. The headstone was small and said nothing but Nicholas Mallory. The very next day, Frank and Red set out to
achieve their payday. Now they got to file this with the insurance company, right, So, visiting the offices of Metropolitan Life, Frank helped Joseph Mallory read Nicholas's brother, fill out the proof of death statement for the eight hundred dollars, using the apartment as a mailing address. The claim was filed and the check was issued on March first to Joseph Mallory. It arrived in the mail soon after, and Red took
it straight to Marino's place. Frank received the news shortly after and came right over in his car to take the men.
To cash the check.
Leaving the Metropolitan offices with a lot of bills, Red held them tightly before handing them over to Tony Marino. Once he reached the car, Frank quickly drove off while Tony counted the money. Red got sixty five dollars. Tough, Tony got sixty five dollars. Yeah.
Wow.
Daniel Kreuzberg walked away with fifty bucks and many of the participants would have to wait for their cuts until the Prudential policies were collected.
Oh my goodness, this is ridiculous. It really is.
The same day they'd filed the claims at Metropolitan, they'd gone to Prudential. The agent asked Frank what a good time for him would be to come view the body to verify Frank's claim. When Frank disclosed that the body had already been buried, the red flags at Prudential went up.
Oh I bet yeah right. In March nineteen thirty three, Adolph Coldweight was assigned to invest gate the claims on Nicholas Mallory's policies, starting off, he visited the house claimed to be the residence of the policyholder that was actually Frank's real address. Right asking around the neighborhood, no one said they had heard of Nicholas Mallory. Going backwards, he decided to begin at the address mister Mallory had died at. There he was able to get some information from the landlady.
She shared stories of the men who came to rent the room and the man whom they brought back with them. Frothing at the mouth, agent thanked Missus Murphy and went to see if anyone else knew anything. By the time the interviews were over, the agent had gotten many different stories from many different people in the few days he'd been working on the case, because they're all dipshelts.
So yeah oh.
On March, he decided to stop by Frank's burial service and interviewed the man who had insured the deceased. Okay, walking into the busin business, Frank shook the man's hand and invited him in. When Adolf introduced himself, the air just changed in like oh fuck. Frank was caught off guard and immediately ushered the visitor to his office, where Adolf got to work right away. During his interview or inquiry, Adolf asked several questions regarding Frank's relationship with the insured,
and he wrote every answer down. He took really good notes. Adolf found it difficult to read Frank. He asked about Joseph Mellory. Frank said that the deceased's brother and he lived in the apartment building run by Missus Murphy. And this is where things start to fall apart because they just fucking lied about everything.
Oh wait, they can't keep up.
Yeah, right, So you know, Adolf had met with Missus Murphy, the landlady, earlier in the peak, and he knew that Joseph Mellory wasn't living there. And here's Frank telling him he.
Died he lives over there.
Yeah, yeah, right, sure, he was just using the apartment, I mean obviously his mailing address.
Yes.
So with this information, Adolph informed Frank that he'd like to meet Joseph Mellory to get all the facts straight, just merely as a formality.
Sure that I'll be out of your hair, you.
Know, then just a little little meeting and then we'll be done.
That's it, that's it.
The meeting was set for March thirteenth, So now it's March thirteenth, and Joseph Mellory arrived at the Prudential office for the meeting with Frank in town. When asked why he felt the need to attend, Frank defended himself, saying he was there to help Joseph because the man wasn't well versed in business matters. Wow, yeah, okay, just helping my friend, helping my friend.
My kind heart showing.
Oh he wore it on a sleeve, Yes he did. He assured the Prudential employees that his only in the policies was ensuring the funeral home got paid. During the questioning, Red did his best to create a story that the insurance company would accept. He said, you know, his brother was a man addicted to alcohol. He's sleeping on the streets. He really wanted to help his brother out, so he got him a room to help get him his life straight. Sure it was enough to tug on the heartstrings, as
you can imagine, but Adolph was unaffected. He pointed out the signatures on the policy and asked if they were sure those signatures belonged to Mellory, and Frank said yes, And as the meeting was ending, Adolf asked for an itemized copy of the undertaker's bill, hoping to get a signature to compare.
To the policies nice.
Thanking the two men for their time, Adolf told him that would be all you know. I'm done. In March twenty fifth, he received an undertaker's bill from Frank as requested. The entire bill was typed and Frank's name at the bottom.
Oh my, Frank, it was right.
Frank's not stupid exactly, although they are all stupid.
I mean they are stupid, yes, Frank, Yeah, there you go. Good way to go, Frank on the typing.
Well, good job.
Late on Sunday, March nineteenth, tough Tony and Joe Maglioni sat at a table in the speakeasy arguing over the split of the insurance money. Joe got up to use the bathroom and minutes later opened a flimsy partition with a gun drawn, aimed right at tough Tony. He walked right up to his business partner and fired one shot. Tough Tony staggered, and he shot again, and tough Tony fell to the floor. When Joe went to grab the
pistol that tough Tony had on his body. Tough ton he jumped up and ran out the door, and Joe was chasing him down the street with his gun drawn, and he fired four more shots. Two of them hit tough Tony, and one of those got him right in the heart.
Oh my gosh.
Yeah. The authorities started interviewing witnesses, and they happened upon Red, who'd been serving drinks that night at Marinos. While he couldn't tell them much about what had happened, he claimed the argument that men were having was mostly an Italian. So the officers took Red into the station as a material witness of the killings. So the house of cards is starting.
To crumble, Yes, it is crumbling, m h.
Joe would go on to tell the police that tough Tony had challenged his manhood, calling him yellow and afraid. He said tough Tony had frequented a few speakeasies and told some mutual ass associates that Joe needed a backbone. These rumors swirled and they reached Joe. When he confronted tough Tony at Marino's place. Things got heated, you know, quite quickly. Things escalated. So regardless of what Red witnessed. Joe would insist that he shot tough Tony in self defense.
Oh.
Red slept in a cell for material witnesses. They kept him like at the police station. Yeah, yeah, overnight. He slept there for days.
Oh.
After spending a childhood in institutions and foster homes, he really didn't enjoy being locked up. Though he couldn't be angry to have a bed and three square meals a day. He just didn't want to be there, right, so he kept to himself. He'd get food in the cafeteria and bring it back to his cell. He refused to talk to any other people there. And Tony had gotten a paper the following day which detailed the shooting and listed Red as a witness who would end up taking the stand for the police.
Oh my gosh.
Yeah. And to make matters worse, Adolf, the insurance investigator was still sniffing around. So Adolf was having a difficult time finding Joseph Mellory to question him, obviously, because the man doesn't exist.
Like who was that movie with Red and Andy? Yeah, he only exists on paper. He only exists on paper.
Right when he brought it up to an agent at Prudential. The agent told Adolf that the man he was looking for worked as a bartender at Marino's Speakeasy in late March. Adolf walked into the bar. Marino was wiping down the countertops, and except for these two men, the establishment was empty. The few customers were scared off after tough Tony's murder,
so you know, because it happened, I mean yeah. Adolf asked for Joseph Mellory, and Tony said he'd left for Philadelphia for an extended vacation, but he would put them in touch when Joseph returned from his trip. When Adolf later approached Frank with the same question, Frank relayed the same details as Tony to a disconcerting extent. It was almost like it was exact. It's very scripted. However, if Adolph asked anyone else about the Mellory brothers, no one had even heard of them.
Oh these two guys.
Y, yeah, just Tony and Frank to cause an even bigger puzzle. When Adolph looked at Frank's bill for the Nicholas Mellory funeral, it made little sense that a man so few people knew would have such an extravagant very right. On April third, nineteen thirty three, Joe Maglioni was indicted by grand jury for the murder of Anthony tough Tony Bestoni. He was arraigned four days later and he pled not guilty. Soon after the indictment, Harry Hershey Green was arrested for
carrying a concealed handgun. He was thrown into Bronx County Jail with Joe and Red. Later on, Daniel Kriesberg would be taken in after being arrested relating to the pants bandit robberies. Remember he told you that he was with that other woman. They were taking their pants.
Yeah, crazy, I know.
When things started to unravel, Tony Marino decided to hire one of his cousins to look after his bar for a dollar a day, incorrectly thinking that physical space from the bar would translate to space between him and the insurance investigation. Frank took to perfecting a story in case the men in jail developed loose lips. Sure, however, Mike Mallory's story was making the rounds in the boroughs of New York, A story about a man who couldn't be killed, not by drink not by poison, not by being hit
by a car. Yeah, I was right, guy, mm hmm. The story also included greedy villains who would continue to try to kill him until they succeeded. The story on the streets would reach a police patrolman as he walked the beat, and it would eventually make The story eventually made its way up to the inspector of the homicide squad, who then brought it to the attention of the Bronx County District Attorney, Samuel J. Foley, who immediately opened an investigation.
Wow.
John McNally had been brought into the murder Trust early on as part of the contingency plan. I don't know if you remember me telling you about him, but he was hired in case like they needed to kill somebody. Okay, so yeah, if Michael had become a problem, John McNally and his partner Ed Smith would bump him off. Is basically you know, remember it was like a safety net.
Yeah.
In April nineteen thirty three, John McNally had been arrested for carrying a concealed weapon and, realizing his history of criminal activity was putting him up for a long stand prison, he was looking for a way to secure himself a deal. Yep, there's no honor on thieves, is what.
They I was just thinking that girl, there is no honor among thieves.
The last week of April, District Attorney Foley and John McNally pulled up a chair and John told him of a meeting he'd had with an undertaker and a speakeasy owner where the murder of a homeless alcoholic.
Man was discussed.
Policemen were sent to bars to listen to the stories and directed to not mock the unbelievability of what was being said. They noted names Day and other sources that agreed with John McNally's version of events. So it was several of the suspects involved already behind bars for unrelated crimes. It wasn't as difficult as it could have been to put things together, and since these men were already behind bars, they didn't have a clue that their plot was being pulled wide open.
Yes, for an angles there, yeah, mm hmm. Taking down that house the.
Cards, Yeah, the house cards has fallen hard. Eventually, District Attorney Folly had put together where Nicholas Mallory was buried and worked to have the body exhumedo. Yeah. May eleventh, nineteen thirty three, the police entered Ferncliffe Cemetery with a court order to exume grave number twenty seventy, where Nicholas Mallory had been buried. The body was taken to Fordham Hospital for an autopsy round seven forty five. In the evening,
a detective brought John McNally to the morgue. They asked him do you know the man on the table and John nodded. They asked him, is that the man you knew to be insured and buried under the name Nicholas Mallory? And John said that's him.
Uh huh.
They said did you know him under any other name? And John said I knew him by his real name. Oh well, what was that? And he said, Michael molloy. So now like, okay, the roof is blown off.
I was just gonna say, yep, I can't even wait to see how this unpacks.
Now it's gonnakeet getting faster.
The dominoes are falling as they are. The autopsy began around nine pm that night. The doctor made notes as he examined the external parts of the body. He recorded when his first cuts into the victim are made, and he took blood samples, mixing them in a tube with sodium hydroxide. When mixed with sodium hydroxide, blood not containing carbon oxide would change color to greenish brown or black. If the blood does contain carbon monoxide and is mixed
with that chemical, the mixture would stay red. So it was clear within seconds that the cause of death on the.
Death certificate was false.
Yeah, that man had not died of low bar pneumonia, but by asphyxiation by carbon monoxide.
I had no idea that there was a test that, you know, not that I know a lot about embalming a body or anything like that, but I had no idea, you know, other than a drug panel. I know they can sense when arsenic or poisons have been used, but as.
Far I didn't know there was an asphyxiation test. That's pretty interesting.
It is interesting, and this just goes to show I don't think he was embalmed.
I don't.
I mean, he's still had blood that they extreme.
I don't think Frank put any money into him except for that cheap cheap right, that's exactly terrible.
Yeah.
Also on May eleventh, the police knocked on Tony Marino's door. When they asked him if he had anything to say, he said no. The police asked Tony a few more questions, but Tony wasn't forthcoming, tired of being drug along. The officer asked him directly, where is Michael mLOY? Tony lied and told him the last time he'd seen Maloy was in the hospital back in January, when Michael had sought treatment for an open sore on his leg. He said
he hadn't seen or heard from him since. So on the surface, Tony kept it together, but his insides were shaking, like all hell.
Oh, I bet he's in his pants right now.
You're always like living in like you know, I have PTSD and I can just imagine him just being on red alert, always a fight or flight that's taxing on the body. And didn't you say in the very beginning he has like several venereal diseases.
Yeah, yeah, well that's not good either. Yeah, one more thing that's dead on the body.
Right. This was the first time that Michael Malloy's name had been brought up during questioning, so they asked him again, is this the truth? And Tony answered that it was. The policeman replied informing Tony that Michael was dead. Detectives were at Ferncliffe Cemetery digging him up as they spoke, and Tony stood his ground that he was telling the truth. They drove to District Attorney Foley's to let him know what had been said, and fully decided to have Red brought in for questions.
Oh boy, here we go, Here we go. Yeah.
Around four to twenty that afternoon, Red made his way to the interrogation room. During Foley's questioning, he just spilled his guts, okay, substantiating John McNally's stories. He named names, and he disclosed that he'd been in the car when Michael was ran over. Oh my, and he also revealed that Joe and tough Tony had been arguing about the split of the assurance money when tough Toni was killed.
He laid out the entire scheme for the DA, explaining that he was supposed to pretend to be Michael mlloy's brother, Joseph Mellery and that they had also attempted to kill another man in Michael Mallory's place, and that was one part of the plan that the police hadn't discovered yet. So just his lips are a flappen, right.
He almost validates everything he's been saying when he drops new information, and he's been checking the boxes off.
This is gravy.
Around seven forty five, John McNally was brought into the morgue where he identified the body of Nicholas Mallory and he identified it as Michael Malloy for the detectives. That evening, both Tony Marino and Frank Pascual were picked up and brought in for questioning. The men were not as forthcoming
obviously with information and as Red had been. The battle of wits taking place in the interrogation room was an olympic feat as they both tried to omit facts, they created stories, and they placed the blame on anyone else. But then, after numerous questions went by without any answers at all, Dea fully asked, are you afraid that answering these questions might incriminate you? And Tony Marino answered yes, I have no lawyer, And then he said do you
need a lawyer to tell the truth? You know what I mean, do you?
Yeah?
So Tony wasn't going to talk. After two hours of this verbal battle, Tony was excused to a holding cell. Daniel Kresburg was now brought in for interrogation, and, like Red, he would lay it all out for the police, attempting to play on their sympathies, telling them that the gang had threatened him. He told the whole story from the beginning, and even admitted he was there when Michael molloy was gassed. At the end of his story, he was taken back
to his cell. Frank was different. He'd prepped for this for weeks.
He's been in the death game, yes, for years, as an undertaker in that time. I'm not trying to give undertakers any kind of negative name. But also it's you know, consider the times, you know, how far are they and the checks and balances of.
Right such a business.
Right.
He had been strangely absent at the more violent of the attempts on Michael Mulloy's life. Many of the men in the group had noticed he wasn't taking part in certain activities, but in their eyes, he'd taken out the policies. He'd taken care of the funeral, so his hands were as dirty as theirs. Oh, absolutely, But Frank was also thoughtful and intelligent. He'd mentally gone over his story hundreds of times and realized that his triumph would lie in
maintain painting that he'd never met Michael mlloy. He'd only ever known Nicholas Mallory.
Okay.
During the questioning, when asked if he'd known Michael mlloy, he denied it. Cushing DA Foley stated, he's the man you buried under the name Mellory. Frank countered, I know Mallory, but I don't know Mike molloy. Da A Folly asked about Mellory's brother. Frank came right back, saying that it was Red, the man who worked behind the Barrett Marinos. Da fully clarified that Red was Joe Murphy, and Frank feigned that he didn't know. Red. Wasn't just what I did.
I Joe, what.
You are?
Reviser? I was that Chris Farley and David say what you do.
Me boy?
Tommy boy? Yes, what what'd you do? Big guyt Li.
Goat?
I love that movie me too.
So da Foley said that it was Rad. His name is Joe Murphy, and Frank's like what he said, I didn't know that he was Joseph Mallory, saying that Red had met him at the apartment when he took the body away and had told him Nicholas Mallory was his brother. When asked if he'd like to make any confession, Frank stated, I have no confession to make. Da fully shared the facts he'd been given by John McNally read and Daniel Cresberg, while Frank continued to deny any involvement.
And wow, he is Stannon, he is Dougannon. Yeah.
After hours of questioning, Frank got tired and careless. He slipped in one single answer about Mellory visiting doctor Manzilla. Frank said, Mallory told me so. DA fully questioned, you mean Mike. Yes, he answered, quietly, knowing he'd been caught. As he floundered and flailed trying to recover, Da Foley decided to give him one last chance to allow Frank to give his narrative, his side of the story. Once it was on record, Da Foley knew he could tear
it apart piece by piece. Frank would only admit to obtaining the life insurance policies. He would never confess to being any part of.
The murder ploy Yeah, the murder trust, of the murder.
Trust After Frank finished crafting his tail, DA Foley pulled out the itemized bill that he had sent to Prudential, having obtained it from Adolf. He questioned why Frank would have sent in a bill to Prudential when he'd already been paid by Metropolitan. He also clarified the items in the bill that hadn't happened, the funeral procession, the embalming,
the extravagant casket. The bill was completely false. Frank blamed everything on tough Tony Bestny and Tony Marino, saying they'd strong armed him.
Oh bully, yes right.
The following day, after da Foley received the results regarding the carabon monoxide test, his patience is.
Like done then, yes, this fuckery? Yeah right.
He called Tony Marino in. After making no further gains during this round of interrogation, he brought Red up to the room and let them bicker with each other in front of him, preferring this method to exhausting himself trying to pull information.
Yes, trying to ask the right question.
And yeah yeah. When Red was taken back to a cell, Tony made himself comfortable. He told the closest thing resembling the truth that he could without actually telling the truth. Around two in the morning, Tony asked for a break. May twelfth, nineteen thirty three, da Foley finally announced the scheme to the media. It was called quote, one of the most diabolic plots for profit in the annals of the City end quote. The Home News, which was a newspaper,
released an article detailing the entire sordid tale. The investigation following the release of the story led to the search for Joseph Murray, whom the Murder Trust had attempted to kill. Remember he was that other guy they hit. He would eventually be tracked down in time to testify as a material witness during the trial. There were also questions coming to the surface regarding the suspicious death of Mabel Carlson, remembers shot too, whose murder would not make it to trial.
Prosecuting the case himself, the indictments were rushed read. Tony Marino, Frank Pascua, Daniel Cresburg, Joe Maglioni, and Hershey Green were arraigned and held without bail. Doctor Manzela was arrested but released on ten thousand dollars bail.
Ten was like a million dollars like three.
It was a million, had to be close to a million. Right On Tuesday, May sixteenth, a grand jury convene. The DA had more than twenty witnesses. The testimony was so damaging that there was no question that they were going.
To receive the electric chair. Wow.
The witnesses would recount every disaster of the murder attempts, every painful detail of their failures in an attempt to satisfy their greed. The indictments were returned the same day, shortly after the final witness testified murder in the first degree for all but doctor Manzella, who was indicted on accessory after the fact and failing to notify the medical examiner and police of Michael Malloy's death right while awaiting trial.
Hershey Green, who had seen very little value in human life up to that point, all of a sudden saw the value in his own. Oh yeah, oh shit, we're going to save my own ass, right, Yeah?
Did he turned to the Lord.
Yeah.
They didn't get religion.
He didn't get religion, but he turned as a state's witness.
As witness, Okay, as.
Did Joe Maglioni. After running into Tony at the barbershop in jail and exchanging some harsh words. October third, nineteen thirty three, the jury was seated for the trial. The prosecution began laying out their case on October fourth, and the defense opened their side on Friday, the thirteenth of October an Omo, with closing arguments beginning first thing on October eighteenth. At seven fifteen that night, the jury was
handed the case. At four fifteen a m. The morning of October nineteenth, they had finally reached a verdict, so it took them about seven hours. Each man was found guilty and sentenced to the electric chair. Wow Da Foley stated to the press, I think it was a proper verdict for a most cruel murder which was inspired by nothing more than sordid greed.
Yes, I totally agree, I mean what for sure?
Early Saturday, October twenty first, the men were transferred to Sing Sing prison. When they were relieved of their possessions, it was found the four men had sixteen dollars and five cents between them. Their appeals dragged on and on, and on three occasions the men escaped the electric chair
with mere hours to spare. Wow I know eventually, though their luck ran out and the Home News, which was a newspaper, reported, quote, four members of the Murder Trust, who were convicted of one of the most brutal murders in the history of the Bronx, are scheduled to die in the electric chairs sometime after eleven o'clock tonight end. Quote. It was reported by the Daily Mirror that as the clock ticked closer to their end, the men carried themselves with a decreasing dignity.
I bet, yeah, I bet, and their ship, Tanya.
I mean honestly, okay, all the four are going at the same time.
They don't got four chairs.
I'm pretty sure, right, I'm only basing my knowledge on the Green Mile. You are saying that you're listening to your cohorts and the light flickering. I go first, I'm not listening to nobody. I would go, I'm going to coward my whole life. Coward me out first, mine as well, finish off.
You know, Oh my god, I.
Don't want to be last that warmed up girl.
You know, I'm feeling sorry for them at all, not fucking for one second. But I'm just saying, you know, how you just put yourself what would I do. What was you know, what am I deciding?
Short straw? I do not care.
I know, I wonder how they decided, Like.
Oh my god, they have the zodiac signs. Who's what's going on?
Yeah? So it was doctor Amos Baker's job to assess the mental state of each prisoner and determine who would be put to death first.
Okay, oh boy.
It was protocol for the weakest man to be the leadoff in those situations, and in this group, it was determined to be Frank, who was an emotional wreck.
I was gonna say what he pissed himself?
Yeah, you know he did all this bullshit. Got a fucking doctor did all this.
Yeah, and he was the biggest fugaisey out of them, all the ones. Like we had it shit together now as a puddle of goo. Right to accountability, right.
I know? Between eleven oh one and eleven eighteen on June seventh, nineteen thirty four, the conspirators were led to the chair. As one body was wheeled out, the next man was brought in to take his place.
Crazy, I know today, I'm sorry, I'm just like blown away. Fin what time in Alabama? Can't get the right injection medicine. M hm, we've not really made any good progress in this kind.
Of no, And the electric chair was brutal. And back in the thirties, when you committed a crime like this, they fucking fried your ass right away. I mean there was no like twenty years yeah, twenty years like you committee crime twenty years ago and you finally, you know, are getting your death sentence carried out. But uugh, yeah, brutal.
I did a story once. I can't remember which one it was called, but I did a story about how someone was put to death and it was totally fucked up by the electric chair, like it was a nightmare.
It was.
Well, the Green Mile gives a good example of just one way it can be horribly cruel and right right, I can just pivot from there.
Mm hmm. Warden Laws of Sing Sing, turned to face the walls during the process in his silent protest of capital punishment. I guess the Warden was not a fan, okay. Robert Campbell would report the execution to be the state's toast to Mike the Durable.
No kidding, right, yeah, Oh well you can't stand a little electricity, I can handle paint dinner, Yeah, right, motherfuckers right.
During their later trials, Joe Maglioni was sentenced to five years and sing sing for manslaughter and Harry Hershey Green received five to ton for felonious assault. Okay, so they did not see the death penalty. They did not meet mister Sparky.
Thank you God.
Well, oh, I mean and not thank God because they you know, he's still killed. Tof Tony, you're still in the fairies, You're in terrible. There's some shitty energy when you're fucking taking advantage of somebody and then you're around all that necrotic energy and it's just terrible.
Yeah, so that is my part two of the Unthinkable. Michael Malloy's Yeah, I can't believe how these got.
You know, you're standing someone up in a teeth formation and rubbing of the car, the holes in the mouth.
I know, what is the what?
How don't I just can't believe the the cowardice, you know, they think they're so close terrible God bless Mike Malloy, you know.
And it's a good Irish. Yeah, you know, I'm so partial to the Irish, to.
The Irish, the Irish can't believe the the the wood alcohol. What it was. It was, Yeah, like, I can't believe that didn't kill me. He was drinking so much of it.
To where he could just pass out and now, oh, I mean, it's your body is only going to take so much. And it's a miracle for him. He truly did deserve his name. Tough Tony, eat a dick, make room for Mike. Mike exactly off my ass.
Well, thank you Shannon for listening and thank you so must thank you this week's episode. If you haven't done so already, please hit the subscriber follow button on whatever app you're listening to. We have a website, Crimesanconsequences dot com. You can find merchandise there. We also have some of the episodes. We also are on social media, but it's been a while since we posted, but we're on Instagram
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So all right, Channon, well our next fabulous episode.
Yes, until we meet again. You take care and you know how much I love you.
Oh, I love you too, girl.
Bye bye, guys, until we see you next time.
Yes, until next time.
Bye bye