Kathleen Foley Gets Life In Prison
Angry Words For Killing Husband In Court, Joe's
Family Talks Of Their Grief. They Call Her Only By Her Maiden Name,
Zimmerman. Lehigh County
By Debbie Garlicki - The Morning Call
October 3, 2000
gamut of emotions from grief to anger to guilt, family members of Joe
Foley poured out their feelings Monday in a Lehigh County courtroom
where convicted murderer Kathleen Foley, their brother's wife,
remained silent as she was sentenced to life in prison.
Siblings of Joe
Foley, who was one of nine children, described their deep sorrow at
the loss of their brother, a `big man with a big heart` who loved
children and whose charity knew no bounds.
statements of siblings who could not be in court to see Kathleen Foley
get a mandatory sentence of life in prison for fatally shooting Joe
Foley in July 1998 in their Fountain Hill home.
One of the
victim's sisters, Jean Foley Gray, read a letter her daughter wrote to
her dead uncle. "I hope heaven is wonderful," wrote the girl, one of
Joe Foley's 22 nieces and nephews.
A jury last week
convicted Kathleen Foley, 38, of first-degree murder in the death of
Joe Foley, to whom she had been married nine years. Prosecutors didn't
seek the death penalty.
The Foley family
tried to convey how much Joe Foley meant to them and how much hatred
they feel for the woman who killed him after she had been welcomed
into their family.
told the judge they would not call Kathleen Foley by her married name
and would refer to her by her maiden name, Kathleen Zimmerman, because
she wasn't worthy of carrying the Foley name.
who maintained in the three-week trial that she didn't kill her
husband, said nothing.
anything you wish to say at this time?" asked Judge Alan M. Black.
"No, sir," said
Kathleen Foley, whose lawyer, Brian Collins, said nothing on her
After being told
her appeal rights, Kathleen Foley was escorted from the courtroom by
deputy sheriffs. She gave her mother and sister a faint smile.
members expressed their guilt at not being able to protect their
brother from his wife, their helplessness at not being able to prevent
his death and their confusion over what they should tell their
children about their uncle and their aunt.
"How do I teach
them the world is a beautiful place" where they can be safe? asked Joe
Foley's sister, Joan, in a written statement.
"A piece of us
has died with himand is irreplaceable," said another sister, Marikay
Wrabel. "A link in our chain of life has been permanently destroyed.
For the past 26 months, our lives have been a living hell."
The family had
many questions for which there are no adequate answers: How could she
do this? Why did she do it? How could God have let this happen?
investigation by state police, trial testimony and a puzzle of
circumstantial evidence provided some possible answers, enough to
convince a jury that Kathleen Foley had the motive, opportunity and
desire to kill her husband.
After the trial,
First Assistant District Attorney Michael McIntyre said it was the
hardest he had ever worked on a case in his 21 years in the district
attorney's office. Although prosecutors had no murder weapon and
looked at other possible suspects, in the end, all the circumstantial
evidence pointed to Kathleen Foley, prosecutors said.
"If I'm upset
about anything, it's that she had 15 months of freedom after killing
her husband," said McIntyre, referring to the period from July 1998
when the murder occurred until October 1999 when Kathleen Foley was
theorized that Joe Foley was the odd man out in a love triangle after
his wife started having an affair with a co-worker at Allentown State
Hospital, where Kathleen Foley worked as a psychiatric aide and where
Joe Foley worked as a recreational therapist.
wanted to be with her lover, George Fleming, who worked in
housekeeping, and wanted out of her marriage, prosecutors said.
asked to no one in particular, "didn't she just move out?"
continued the affair after her husband's death and tried to convince
police that an unknown intruder had entered their Moravia Street home
and had shot her husband while she was sleeping in another bedroom.
unfathomable crime was made harder to believe by the fact Joe Foley
was shot with his own gun, a handgun he bought so his wife would have
protection while he was visiting Ireland, at union meetings or
involved in other activities.
said Kathleen Foley didn't act like the grieving widow at the funeral
and at the gravesite and was smug during the trial. She didn't shed a
tear for Joe or show an ounce of compassion or remorse, they said.
Foley hears the cell doors at Muncy State Prison clang behind her,
Wrabel said, that will be her saying to her sister-in-law, `Welcome
home to a place you created by your own actions, selfishness and
said they had their suspicions but wanted to believe that a stranger,
not his own wife, killed their brother.
one of the victim's brothers, said in a statement that he was grateful
that their parents were not alive to live through the ordeal and to
see the photographs of their son's body in the trial.
The family, said
Jean Foley Gray, gave their love to their brother's wife and had so
much taken from them.
"And for this, I
will never forgive her," Gray said.
Foley Guilty Of Killing Husband
Victim's Family And Friends Applaud And Cheer
Verdict, Reached After 3 Hours Of Deliberations
By Debbie Garlicki - The Morning Call
September 29, 2000
was convicted Thursday night of first-degree murder for shooting her
husband, Joe Foley, in their Fountain Hill home more than two years
verdict was read at 7:45 p.m., the four men and eight women on the
Lehigh County jury walked past the defense table without looking at
the 38-year-old woman accused of killing her husband of nine years.
longtime prosecutor Michael McIntyre that the jury's actions meant the
court clerk would read one word, "Guilty."
There was an
outburst of emotion from more than a dozen family members and friends
of Joe Foley who clapped, cheered and cried tears of relief, happiness
and sorrow at the verdict, reached after 3 hours of deliberation and a
expressionless, Foley showed no emotion as she looked at the jurors,
who were polled individually about their verdict at defense lawyer
Brian Collins' request. Joe Foley's family members hugged one another
as each juror repeated, "Guilty."
mother, sister, brother and cousin said nothing as they left the
courtroom, where they probably will return Monday when she is formally
sentenced to life in prison by Judge Alan M. Black.
family members thanked and hugged McIntyre, state Trooper Judith
Schreiber and state police Cpl. Joseph Vazquez, who found little
comfort in the verdict, having lost his friend Joe Foley, who was
"like a brother" to him, and Kathleen Foley, whom he also considered a
Joe Foley, 39,
was one of nine children, many of whom attended every day or most of
the trial, giving siblings in California daily reports. Some family
members traveled from Maryland and Harrisburg.
with the verdict, but it's not really justice for Joe because the only
justice for Joe is if Kathleen can change places with Joeand he could
be back here with us," said Marikay Wrabel, one of the victim's
trial, the courtroom was crowded with other supporters of the victim's
family, people who knew Joe Foley from his activities in numerous
social clubs, Irish organizations and Project Children, an
organization that brings Protestant and Catholic children from
Northern Ireland to the United States to promote social unity.
Foley shot her
husband on July 30, 1998, with his own gun, which was not found. She
claimed she was sleeping in another room when her husband was shot in
their bed and that an intruder must have entered.
who found out she was having an affair with a co-worker at Allentown
State Hospital, conducted an exhaustive investigation that culminated
in her arrest in October 1999.
that substantial circumstantial evidence pointed to Foley and showed
the killing was "an inside job" not committed by anyone else.Foley
killed her husband, whom she disliked, to be with her married lover,
George Fleming, according to the prosecution.
Weeks after Joe
Foley's death, neighbors saw Fleming at the Foleys' Moravia Street
Brian Collins questioned the wisdom of a person who would kill her
spouse in her own home and then continue the affair after the murder.
"This is the
dumbest crime ever conceivedbut not by Katie Foley," he said in his
Foley outsmarted herself and thought she could lie her way out of it.
"I think that this woman is one of the most brazen women I have ever
seen," he said after the verdict.
Foley tripped herself up with her own statements and tried to cover up
one lie with another. To believe her testimony, he said, jurors would
have to disregard the testimony of at least 19 other people who Foley
said were lying, mistaken or wrong about what she allegedly told them
about her troubled marriage, her passionate affair and what happened
in July 1998.
conceded that the case wasn't perfect. "I am worried," he told jurors,
adding that investigators took 15 months to put together a case and
accumulate evidence that jurors would have to decide after three weeks
that prosecutors couldn't say for sure what time Joe Foley died to
disprove Foley's story about when she last saw her husband alive. The
coroner's office, he said, was "incompetent" for not taking a
temperature of the body to get the most accurate estimate of time of
On July 31,
1998, Foley called 911 and said there was something wrong with her
husband. Police found Joe Foley, covered with a comforter and pillow,
lying on his stomach in their bed.
His shorts, his
usual night attire, were on backwards and not pulled up all the way.
McIntyre theorized that Foley killed her husband while he was clothed
and cut his clothes off. But to support her story that he must have
been shot in bed while she was sleeping elsewhere, she had to put his
Foley was a large man, his wife wasn't able to get them all the way
up, and in her haste, she put them on backwards, McIntyre believes.
reached a verdict, jurors asked to get another look at a photograph of
Joe Foley's body with the shorts.
interviewed many times by different people. She said her husband was
alive when she went into another bedroom to sleep at 12:30 a.m.
because her husband was snoring.
She woke up
about four hours later, showered and dressed for work and poked her
husband to wake him up. She said she lifted part of the comforter and
saw that his skin was discolored, so she called 911 for help.
were deliberating, they asked for a transcript of the 911 call.
that Foley had been having an affair with George Fleming.
Investigators "suspected for the longest time that George Fleming had
something to do with this," McIntyre said. But Fleming's alibis for
the evening of July 30 and the morning of July 31 held up.
argued that Foley killed her husband and then tried to make it look
like a robbery by leaving the front door open, placing a money clip on
the bedroom floor, putting obstacles in front of a cabinet where Joe
Foley kept his gun and covering her husband up with bedding.
said of the attempt to fake a robbery, "was her undoing."
'I Loved Joe,' Foley Says At Murder Trial
Fountain Hill Woman Tells The Jury She Didn't Kill
Her Husband Or Order Him Killed
By Debbie Garlicki - The Morning Call
September 27, 2000
were fixed on Kathleen Foley Tuesday as she testified for 6 hours that
she didn't kill her husband and grieves for him still.
In the small
Lehigh County courtroom, more than 50 spectators listened as the
38-year-old Fountain Hill woman answered questions about her
relationship with her husband, Joe Foley, and her affair with George
For 4 hours
under questioning by her lawyer, Brian Collins, Kathleen Foley gave
jurors an abbreviated version of her years with Joe Foley. She laughed
and smiled when recalling parts of their nine-year union. She cried
and wiped her eyes with a tissue when describing the kind of
compassionate, caring person he was and when recalling the morning she
claims she discovered his lifeless body.
was not perfect and was tested at times, but they had resolved their
problems by the time Joe Foley died of gunshot wounds to the head in
July 1998, Kathleen Foley said.
Her affair with
George Fleming, a co-worker at Allentown State Hospital, was not
serious, she said, and happened because of spousal neglect by her busy
husband. Fleming, who also is married, was fun, but not someone to
build a life or future with, she said.
`Joe was my
life,` Foley told the jury. `I loved Joe. I liked what we had
together.It was what I always thought a marriage should be.`
Michael McIntyre claims that Foley downplayed her relationship with
Fleming, which he called an `obsession,` and lied in court and to
police about the quality of her marriage, which she told a friend was
`unbearable.` McIntyre's cross-examination will resume today.
As the day wore
on, more and more people filled the spectators' seats, some to hear
what Foley had to say and others to watch veteran prosecutor McIntyre
question the woman charged with firing four shots at her husband as he
was lying in bed in their Fountain Hill home.
allege she used her husband's gun, then discarded the 9 mm
semiautomatic weapon that has never been found. Foley said her husband
had gotten rid of the gun.
Some who were
turned away from the crowded courtroom stood outside in the hall and
listened through the door, which was cracked open to allow some of the
hot stale air inside to escape.
by Collins, Foley provided quick answers, especially to the question:
`Kathleen,` Collins said, pausing, `did you kill Joe Foley?`
not,` she said without hesitation.
you involved in any way in the killing of Joe Foley?`
`No, I was not,`
you have someone kill Joe Foley?`
`No, I did not,`
Collins said, `Your witness, Mr. McIntyre.`
known for his sometimes rapid-fire questioning, asked questions slowly
and deliberately without raising his voice.
`Would you agree
with me that if you are innocent, you would have no reason to lie to
the police? You would agree with me, wouldn't you?` McIntyre asked.
no,` Foley said.
methodically excerpted investigators' testimony about what Foley told
them -- and what she didn't tell them.
She admitted on
the witness stand that she lied about her affair with Fleming, which
started in the fall of 1997, continued up until Joe Foley's death,
resumed 10 days later and kept going until her arrest in October 1999.
provides much of the motive for the killing, according to prosecutors,
who also believe Foley wanted out of her marriage and the grip of what
she perceived as a controlling husband but didn't think she could make
it on her own.
said their marriage had rough spots but was getting progressively
better before Joe died. She was his helpmate in various social
activities, and he was the rock in her life, she said.
trying to show Joe Foley was an irritating stone in her shoe that
became a boulder, an obstacle to her intense relationship with
Foley why, if the affair was merely a dalliance, she risked so much
for Fleming. The prosecutor said Kathleen Foley risked: Joe Foley
finding out, losing a close friendship with a woman who didn't approve
of the affair, harming herself because Fleming's wife threatened her,
a part-time job at JC Penney because of Fleming's frequent visits, and
her job as a psychiatric aide at the State Hospital where she and
Fleming had sex in rooms where patients slept.
Adding one more
risk to the list, McIntyre asked, `Did you risk getting pregnant?`
`I didn't think
I was,` Foley said.
her whether she told Fleming that she was pregnant with his child
before her husband's death. She then said that conversation took place
after her husband was killed.
trial, the prosecution and defense explored the dynamics of the love
quadrangle that had even more sides when Fleming admitted that he also
was having an affair with another married woman.
attempted to show that Foley would do anything to hold onto Fleming,
whom she may have suspected of straying. They allege that while her
husband was controlling the finances in the family, she was secretly
cashing in savings bonds to lavish gifts, including $1,000 for a car,
co-workers were lying when they testified about how discontented she
was with her marriage and how deeply in love she was with Fleming.
Foley what she thought was a proper mourning and grieving period,
citing testimony of neighbors that Fleming was at the Foleys' home
shortly after Joe's death.
`I believe I
still am` grieving, she replied.
`After Joe was
out of the way, you did have a little love nest in your home?`
followed, ` 'Cause Joe was out of the way?`
`I don't think
it's fair to say that,` Foley said.
her whether she thought it was risky to bring her lover to her home so
soon after her husband's death, knowing that police would suspect her.
said, `I didn't shoot my husband, so, no, I did not.`
allege that Foley shot her husband the evening of July 30, 1998, then
made up a story about him possibly having a large sum of money so
investigators would think robbery was a motive.
Foley told the
jury she was sleeping in another bedroom because her husband was
snoring. When she couldn't wake him in the morning, she said, she
Joe Foley was
covered with a comforter and a pillow when police arrived. When they
lifted the bedding, they saw his bloody head from which two bullets
said she lifted part of the comforter, saw her husband's discolored
skin and didn't know what was wrong with him, so she called 911.
Murder Case Against Foley Has Many Pieces
Prosecution Has Presented Evidence Fountain Hill
Wife Had Motive And Opportunity To Kill
By Debbie Garlicki - The Morning Call
September 21, 2000
When her husband
was in Ireland in May 1998, Kathleen Foley cashed in $1,177 in savings
bonds and gave her lover, George Fleming, $1,000 for a downpayment on
a $15,666 car.
Foley's Lehigh County trial have tried to show that, before her
husband's death in July 1998, she was becoming more enamored of
Fleming and their passionate relationship, and more unhappy with Joe
Foley and their marriage.
38, told friends and co-workers that she loved Fleming more than she
had ever loved anyone, that he was the new love of her life, and that
she never was in love with her husband of nine years, prosecutors say.
prosecution winds down its case in the second week of the trial,
numerous witnesses have testified briefly, adding small pieces of the
puzzle that is the circumstantial case the prosecution claims it has
built against Kathleen Foley.
Foley, who is
charged with fatally shooting her husband while he was in their bed,
showered gifts of clothing and jewelry on Fleming, and allowed him to
drive her husband's prized Ford Mustang.
"One day, that
red Mustang will be mine," Fleming allegedly said.
complained to other people about her relationship with her husband and
how different Fleming was from Joe Foley. She said she could be
herself with Fleming and that her husband was becoming more and more
controlling and possessive.
A witness said
Joe Foley had been keeping a close eye on his wife's spending after
learning earlier that she had been buying cocaine.
A friend said
Kathleen Foley told her that she suspected Joe Foley might have been
getting wise to the affair. Kathleen Foley had expressed mixed
feelings about leaving her husband, according to testimony.
She told someone
she was looking for an apartment and was thinking of leaving Joe
Foley. She told other people that she feared she wouldn't make it on
was named as the beneficiary on three life insurance policies for
worked with the Foleys at Allentown State Hospital, said he had
nothing to do with Joe Foley's murder and didn't know who committed
it. He admitted being in the Foleys' home when Joe Foley wasn't
around. Neighbors testified that they often saw him at the house
before and after the murder.
Fleming said he
has an alibi for July 30, 1998, when prosecutors allege Joe Foley was
shot in the head in the couple's Fountain Hill house. However, in
initial statements to police, Fleming wasn't forthright about his
relationship with Kathleen Foley and everything that he did that
Fleming at first
told police he had only a casual relationship with Kathleen Foley.
Later, he admitted it was far more. He said they had sex wherever was
convenient, including at the state hospital.
A co-worker said
Kathleen Foley would disappear for hours at a time. "I told her she
should not disgrace her husband at work," said Michelle Hannis, who
urged Kathleen Foley to try to work out her marital problems.
The evening of
July 30, 1998, Fleming was working a second job at a beverage company
and punched out at 9:02 p.m. He went to the Allentown home of another
married woman with whom he was having an affair and spent time with
her at a park.
He then went
home, and he and his wife went to a pizza shop. They stopped somewhere
to buy marijuana, went home and stayed there, he said.
telephone records that show Kathleen Foley paged Fleming three times
that night. They also have bank records that show Fleming made a
transaction at a bank machine at 10:59 p.m.
believe Joe Foley was killed sometime between 9 and 11 that night. The
next morning, Kathleen Foley called 911 and said she couldn't wake her
The defense has
tried to show a burglary could have occurred and that other people
could have had motives to kill Joe Foley.
District Attorney Michael McIntyre claims Kathleen Foley was the
person with the motive and the opportunity to kill her husband.
witnesses who described Joe Foley's activities with the Ancient Order
of Hibernians, a local fraternal organization, and Project Children,
an organization that brings children from the strife-torn areas of
Northern Ireland to the United States.
those organizations said those groups do not have political agendas.
McIntyre tried to discount the possibility of someone killing Joe
Foley because of his activities.
Jurors Hear Foley's Taped Account Of Husband's
She Said She Went To Wake Him But Couldn't, So She
By Debbie Garlicki - The Morning Call
September 16, 2000
The morning of
July 31, 1998, wasn't unusual, according to a taped statement Kathleen
Foley gave a state police investigator.
In it, she said
she got up for work, showered, dressed and went into the master
bedroom to wake her husband, Joseph, at 6 a.m. They had slept in
different bedrooms the previous night because of her husband's
She poked her
husband, who was covered with a comforter, and called his name. He
didn't respond. She moved the comforter and noticed that his skin was
She called 911
and said she couldn't wake her husband. At some point, she said, she
noticed the front door was ajar.
When a Fountain
Hill police officer arrived, she told him that her husband was
upstairs and she couldn't wake him.
arrived, and no one was letting her into the bedroom. She then learned
Joseph, 39, was dead, she said.
in her trial claim she knew long before that her husband was dead --
when she fired four shots at him as he lay in their bed.
Two of the
bullets from what police believe was Joseph Foley's gun entered his
brain. Two other bullets were found in bedding.
On Friday, the
jurors heard the hour-long tape of Foley's account of July 31, 1998,
and the previous night. The interview was taped Sept. 28, 1998, by
state police Cpl. Joseph Vazquez, in the office of her Allentown
lawyers, Brian Collins and Wallace Worth.
arrested until October 1999.
claims someone entered the home and killed Foley and that his wife
didn't hear the shots because she was sleeping in an adjacent bedroom
with a radio and air conditioner on.
contend that Kathleen Foley, 38, shot her husband the previous night
because she was having an affair with another man and didn't like her
husband controlling her life.
Married in 1989,
the Foleys were said to be loving toward each other for part of their
relationship. But a co-worker of both at Allentown State Hospital and
a sister of Joseph Foley noticed kinks in the once-smooth
A co-worker and
friend testified that Kathleen Foley told her about problems she was
having with her husband and about her love for co-worker George
Fleming. Foley said her life with her husband had become "pretty much
Joan Foley, the
victim's sister, said she noticed problems in 1991 when Joseph Foley
said he was keeping an eye on his wife's finances because he learned
that she had been spending large sums of money on cocaine.
prosecutors believe the murder occurred, Kathleen Foley paged Fleming
In one call, she
allegedly told him, "Everything's gonna be all right now."
Foley why she would have said that. She replied she didn't remember
telling Fleming that.
asked, would Fleming say she had said that if she hadn't?
"I don't know,"
longtime friend of Joseph Foley, questioned Kathleen Foley the morning
the body was found.
"Did you kill
Joe?" Vazquez asked.
"I love him,"
she replied. "I wouldn't do that."
weapon has not been found. Police believe it was a 9 mm semiautomatic
pistol, a Hungarian-made FEG model RK59, a gun Joseph Foley bought in
1993 and that Kathleen Foley said he sold.
Kathleen Foley's Lover Denies Role In Murder
He Confirms She Said, 'Everything's Gonna Be All
Right Now' After Her Husband Died. He Isn't Clear On What She Meant
By Debbie Garlicki - The Morning Call
September 14, 2000
the man prosecutors say was a motive in the killing of Joe Foley, took
the witness stand Wednesday to face a two-hour barrage of questions
from the prosecution and defense.
contends Fleming, of Allentown, was one of the reasons Foley's wife,
Kathleen, fatally shot her husband in his bed in their Fountain Hill
home in July 1998.
District Attorney Michael McIntyre says Kathleen Foley was obsessed
with her lover, Fleming, was afraid she might lose him, and was tired
of her husband's control over her life.
defense lawyer Brian Collins, who claims other people had motives to
kill Joe Foley, tried to cast suspicion on Fleming and his best
you're getting it from both sides, aren't you?" McIntyre asked.
"I knew that was
coming," Fleming said.
witness subpoenaed by the prosecution, Fleming admitted having an
affair with Kathleen Foley for about a year before her husband's
death. He continued to see her after Joe Foley's body was found on
July 31, 1998, and until Kathleen Foley was arrested last October. He
visits her in prison three days a week.
"Did you kill
Joe Foley?" McIntyre asked Fleming.
"No, I did not
kill Joe Foley," Fleming said.
"Do you have
knowledge about who killed him?" the prosecutor asked.
"No, I do not,"
On those points,
Fleming was emphatic. But during questioning by both sides, he often
answered with, "I don't recall."
McIntyre had to
ask him leading questions about details.
sometimes conceded that the prosecutor might be right about what
Fleming allegedly earlier said to troopers; he also testified that he
remembered some things differently.
that he initially lied about the affair, his whereabouts on part of
the evening before Joe Foley's body was found and the fact Kathleen
Foley paged him three times that night.
last conversation, Kathleen Foley told Fleming, `'Everything's gonna
be all right now,"' McIntyre said.
Fleming said he
took that to mean that everything was OK and that Kathleen Foley
understood that he was tired after working two jobs and was going
"Didn't you tell
police that it could have been taken another way?" McIntyre asked.
In court, he
frequently answered only yes or no. Both lawyers' questions contained
more details than Fleming's answers. Judge Alan M. Black twice
reminded jurors that the lawyers' questions are not evidence, just the
maintained that he was trying to cooperate with both sides. "I'm
trying to help everybody," he said.
"Isn't it true
that you were trying to help yourself?" Collins asked.
He noted that
Fleming told investigators he asked Kathleen Foley about the killing
and that he agreed to wear a body wire to record conversations.
attempted to portray Fleming as a womanizer who was married with two
grown children, was having an affair with Foley at the same time he
was having an affair with another married woman, and has two children
by two other women.
that he and Kathleen Foley had sex whenever and wherever possible --
at the Foleys' Moravia Street house when Joe Foley was away, at
Fleming's house when his wife was at work, in vehicles and at
Allentown State Hospital where Fleming and the Foleys worked.
Kathleen Foley complained about her husband and her lack of financial
and social freedom. Kathleen Foley told him she was thinking of
leaving her husband. McIntyre said Fleming told his best friend that
Kathleen Foley feared that if she got a divorce, she would lose all
Fleming whether he told troopers that Kathleen Foley said she was
pregnant with his child before Joe Foley's death.
Kathleen Foley told him she thought she might be pregnant after Joe
maintained Kathleen Foley lavished gifts of clothing, exercise
equipment and jewelry on Fleming, who bought a 1995 Chrysler Concorde
with a $1,000 downpayment from Kathleen Foley, who co-signed for a
Unaware of the
affair, Joe Foley later started clamping down on his wife's expenses,
according to the prosecution.
"It would have
been convenient for you financially to have Joe out of the way,
wouldn't it?" Collins asked Fleming.
Fleming, giving the same answer when asked if he was afraid the "well
would dry up."
Fleming, who is
black, denied having a contest with his best friend, Martin Ortiz,
about how many women they could have sex with and denied saying that
he wanted rich white women who would give him money.
"You didn't tell
Ortiz that you were sucking Katie dry?" Collins asked.
photographs projected on a large screen of the master bedroom where
Kathleen Foley said she found her husband. She said she was sleeping
in an adjacent bedroom and didn't hear shots.
claims Joe Foley, who was shot in the head, was the victim of a
burglary, although a trooper said there were no signs of forced entry
or a break-in.
will visit the scene and walk through the house to see the two
Jurors saw one
graphic color photograph of Joe Foley's head and the bloodstained
bedding. There was a low groan from some spectators in the audience.
Some shielded their eyes. Kathleen Foley didn't look at that
Says Others Had Motive
Fountain Hill Wife Killed Husband For Co-worker's Love
By Joe McDermott
- The Morning Call
Joe Foley was a
large, blunt man with strong opinions who made solid friends and
fierce enemies as a result of his numerous civic activities.
besides his wife had the motive and opportunity to kill him, Kathleen
Foley's defense attorney told a jury Tuesday at the start of her
Collins contended during a 45-minute opening statement, `This
investigation began and ended with Kathleen Foley.`
He painted his
client as a woman who loved her husband as a mentor and a parent
despite her torrid affair with a co-worker.
Collins said the
marriage had grown stale, in part because of the time-consuming nature
of Joe Foley's activities -- highlighted by his work with Project
Children, an international organization that brings Northern Irish
youngsters to the United States to help them escape conflict in their
Joe Foley was
also an officer in his labor union, a union that not too long before
his death had been involved in a bitter strike with its own office
"The point is,
Joe Foley was out there. He made some friends and he made some
enemies," Collins said.
He cautioned the
jurors not to mistake speculation by investigators for circumstantial
evidence as what could be a monthlong trial begins on charges Kathleen
Foley shot her husband to death as he slept in their Fountain Hill
"A 'could have'
is not circumstantial evidence, a 'maybe' is not circumstantial
evidence," Collins said. "It is speculation."
the love affair and Joe Foley's concern over his wife's spending
habits and previous drug abuse provided the true motive for his murder
in the bedroom of their Moravia Street bungalow.
"All of the
circumstances surrounding the death of Joe Foley point to the fact
that she did it," Assistant District Attorney Michael McIntyre said
during a 75-minute statement. "We've got a marriage on the rocks and
we've got passion for another man. That was the powder keg."
What is unknown
is the spark that ignited it on July 30, 1998, McIntyre admitted.
Joe Foley died
apparently unaware of his wife's affair with George Fleming, who
worked with both Foleys at Allentown State Hospital.
Yet he knew his
wife was spending large amounts of money and took steps in the last
six weeks of his life to bring that spending under control, McIntyre
said. Kathleen Foley was forced to deposit her paycheck in a joint
account, then write a check to her husband for 90 percent of the
amount, McIntyre said.
allegedly cashed $1,000 in family bonds in May 1998, while her husband
was in Ireland, to help Fleming buy a car. She also co-signed a loan
for Fleming, the prosecutor continued.
"She was head
over heels for this George Fleming. She was obsessed with George
Fleming," McIntyre said. "This was a life-changing affair."
friends and co-workers will testify that she flaunted the affair
publicly when her husband was not around, he told jurors. They had sex
at her house when Foley was in Ireland, at Fleming's house when his
wife was away, and at the state hospital while they were working.
"She was so
indiscreet, this was her way of showing her hatred for Joe Foley,"
circumstantial evidence will prove she killed her husband with his own
gun, then tried to cover up the crime with stories of a supposed
The gun, a
Hungarian-made FEG 9mm, bought by Joe Foley in 1993, has never been
But the bullets
found in Joe Foley's head and back were the same Chinese-made
ammunition used in that gun, investigators say.
jurors his most important task will be convincing them Foley's gun was
used in the crime.
of our case is that Joe Foley was killed with his own gun, and we are
going to prove it with circumstantial evidence," he said.
"There are a lot
of things we are not going to prove. We don't have a murder weapon. We
don't have a confession," McIntyre said, adding that jurors will also
learn they don't have a perfect case or a perfect investigation.
"There is no perfect case in an imperfect world."
had the motive, the opportunity -- she was home alone with her husband
when he died -- the means and a faulty alibi, McIntyre said. She also
lied about several aspects of what happened that night and her
relationship with Fleming, which began eight months before the murder.
investigators still do not know what finally provoked her into
allegedly shooting her husband.
there was no spark that night.
couple spent several hours after work at the Grover Cleveland
Democratic Club in Bethlehem on July 30. They got home at 8 p.m.,
checked mail and messages, and Joe Foley went upstairs to turn on the
air conditioner in the master bedroom.
His wife made
him a chicken sandwich, and after they ate they went to bed, made love
and talked about the good times, he said.
met and married Joe Foley in 1989 when she moved from Orwigsburg to
the Lehigh Valley to take a job at Allentown State Hospital.
"Joe Foley filled
a lot of needs for Kathleen. Kathleen filled a lot of needs for Joe,"
Collins said. "Joe provided stability, companionship and guidance --
almost a father figure. Kathleen provided him with companionship."
He called Fleming
a womanizer who used Kathleen Foley and other women. Fleming was
married when he began his relationship with Foley and he had at least
one other girlfriend, Collins said.
It was that
competition that made her insecure about her relationship with her
lover, he said.
discounted prosecution arguments that she was provoked by Joe Foley's
strict control of his wife's finances and spending limits. She was
permitted to cash bonds owned jointly, the attorney said.
discounted expected testimony on physical evidence found in the home
after the shooting.
that gunfire residue was found on blankets and other objects in the
bedroom, but the highest concentration was on Kathleen Foley's
none was found on her hands, but investigators say she had showered
and changed before they arrived at the home.
questioned the time-of-death estimates. Authorities say blood-alcohol
content and digestive tests show Foley was killed before 10 p.m.
Collins said he
was alive at 11:30 when he went to the bathroom and his wife moved to
an adjoining room because of his snoring.
several neighbors outside that evening heard no noise that could be
attributed to either an argument or gunshots in the house, Collins
"I think what
the evidence will show is areas of reasonable doubt," he told the
Lists Foley Slaying Motives
Kathleen's Extramarital Affair, Husband's Control Led Her To Kill Joe
By Joe McDermott
- The Morning Call
lover told police investigators she was pregnant with his child, a
Lehigh County judge was told Monday.
The details of
George Fleming's statement will likely be revealed later this week
when Kathleen Foley goes on trial for allegedly shooting her husband,
Joe Foley, to death in their Fountain Hill home.
comment was part of pretrial motions heard Monday by Judge Alan Black,
who will preside over the homicide trial that starts today after jury
selection is completed. The trial could last for a month, attorneys
for both sides said.
Assistant District Attorney Michael McIntyre's request to arrest and
detain Fleming until he could testify. McIntyre portrayed Fleming as a
hostile witness unlikely to appear if ordered.
The judge did
agree to send a county detective to bring Fleming in for a pretrial
hearing Monday afternoon, at which he agreed to testify Wednesday
say Kathleen Foley's relationship with Fleming, who worked with both
Foleys at Allentown State Hospital, and anger at her husband's
controlling nature led her to kill him.
that Joe Foley, known for his work with Irish children's causes, kept
a strict eye on his wife's spending and social habits after she ran up
the couple's charges with cash withdrawals in 1991 to finance a
made the defendant not only want to leave him, but it was the motive
for murder," McIntyre said.
Foley was found
dead in the bedroom of his Moravia Street home on July 31, 1998.
Kathleen Foley was arrested in October 1999 and charged with the
crime, but she has maintained her husband was the victim of a burglar.
Foley was shot with his own gun.
That gun remains
missing. Kathleen Foley has said her husband sold the weapon several
years before the shooting. She also said she was asleep in an
adjoining room with an air conditioner and radio on and she did not
In 1997 Joe
Foley found marijuana and Prozac, a prescription drug for depression,
in his wife's purse, McIntyre said.
For the last six
weeks of Joe Foley's life, Kathleen Foley deposited her paycheck in
her own account but had to write a check to her husband for almost the
full amount so that he could oversee her spending, the prosecutor
Brian Collins said there were no drugs found in the Foley home after
the murder and no evidence of an argument between the couple that
allowing testimony and evidence of drug use could prejudice the jury
against his client.
"There is a high
possibility they could convict her because of her bad behavior,
because she used drugs," Collins said.
Jurors will hear
of the relationship, but McIntyre must demonstrate how Fleming knew of
the pregnancy before he can mention it in his opening argument, Black
not elaborate afterward on Fleming's statement and Collins downplayed
it as legal maneuvering.
it's vague and unsubstantiated," Collins said after jury selection
recessed for the day. "Number two, we should wait till he's on the
stand to see what he says."
Collins' request to prohibit testimony from a friend of Fleming's who
supposedly would have said Fleming made incriminating comments about
Collins said he
did not learn of the pending testimony until late last week.
"You can't wait
till a week before a homicide trial to turn over a witness,
particularly when it raises a new issue," Black chastised McIntyre and
the prosecution team.
that until Sept. 1 the man was part of the ongoing investigation.
Authorities were trying to get the man to wear a wire to get further
statements from Fleming on tape, McIntyre said.
Case Against Foley To Trial
Is Accused Of Murdering Her Husband, Joe
By Debbie Garlicki - The Morning Call
prosecutors claim Kathleen "Katy" Foley couldn't leave her marriage
because her husband wouldn't divorce her.
And she was
scared to tell Joe Foley about her love for a man with whom she was
having an affair, for fear her lover would be harmed, witnesses said.
Living with Joe
Foley had become "unbearable," according to one of Kathleen Foley's
friends and co-workers at Allentown State Hospital.
"There is no way
out," said First Assistant District Attorney Michael McIntyre.
and circumstances provided the motive for Kathleen Foley to shoot and
kill her husband with his own gun in their Fountain Hill home in July
1998, McIntyre said.
lawyers claimed the case against Kathleen Foley, 38, is "a little
suspicion, a little surmise, a little conjecture" and nothing more.
"This is one of
the thinnest, weakest cases to come down in this county in a long
time," said Brian Collins of Allentown, one of Kathleen Foley's
"motive, opportunity, means and lies" of Kathleen Foley, argued
McIntyre at the end of a four-hour preliminary hearing Tuesday.
Anthony Rapp found that the totality of circumstantial evidence was
enough to send a homicide charge against Kathleen Foley to court.
Foley, who is in
the county jail without bail, frequently smiled at family and friends
during the hearing before a standing-room-only crowd, talked with her
lawyers and jotted notes. She was charged last month after a 15-month
investigation into the death of Joe Foley, a child advocate who was
found face down on a bed in his master bedroom July 31, 1998.
don't have a murder weapon but believe the victim was killed with a
gun he purchased in 1993. Four bullets taken from his body are
consistent with those from the model of gun Foley owned, a firearms
In a cabinet in
the bedroom, investigators found a metal box containing a rag with gun
powder residue. Based on evidence of dust and clear areas around the
box, prosecutors believe it had been moved and had contained the gun.
defense lawyer Wallace Worth of Allentown questioned why state police
didn't determine through tests on Kathleen Foley's hands whether gun
powder residue was present that would have shown she had recently
fired a gun.
investigator Judith Schreiber said Kathleen Foley told her she had
taken a shower, so state police didn't get results of any tests.
told criminal investigator Joseph Vazquez that she and her husband had
gone to a club the night before and had returned home and gone to bed
about 9 p.m.
p.m., she went into another bedroom because of her husband's snoring,
Grim, who examined the body the next day, estimated that Joe Foley
died between 9 and 11 p.m. the previous night.
Kathleen Foley was the only other person in the house at 1308 Moravia
St. There were no signs of forced entry, investigators said.
When asked if
her husband had a gun, Kathleen Foley said her husband had gotten rid
of it in 1993 when they moved into the house.
state firearms records show the gun is still registered in Joe Foley's
name. There was no record of its being sold.
Asked what kind
of relationship she had been having with Joe Foley, the defendant
replied that lately it had been pretty good, said Vazquez.
longtime friend of Joe Foley who said he also was a friend of Foley's
wife, testified that he loved both people but didn't ask to be taken
off the case, "'cause it's my job."
investigator Robert Egan questioned Kathleen Foley about her nine
years with the victim, she said, "Overall, it was a good marriage."
prosecution witnesses painted a different picture of the defendant's
a psychiatric aide, was in love with another man, George Fleming, a
housekeeper at the state hospital, said friends and co-workers
Michelle Hannis and JoAnn Sutton-Lynch.
Hannis said she
often saw the defendant and Fleming kissing and hugging, adding, "It
was public knowledge to everyone."
"She told me she
was head over heels with George," Hannis said.
told her friend she had never loved Joe Foley the way she loved
Fleming, according to the witness.
said her husband was becoming more controlling and distrustful of her.
"She said it had
become unbearable," Sutton-Lynch said.
The friend said
she suggested that the Foleys get counseling, but Kathleen Foley said
her husband wouldn't do that.
told her friend she was afraid her husband would hurt Fleming if he
found out about the affair, the witness said.
A former patient
at the hospital testified that he heard Kathleen Foley talk about
having a gun in the house about a month before the shooting. He said
he also heard her say that she and her husband were sleeping in
records show that the evening of July 30, 1998, when prosecutors
believe Joe Foley was shot, his wife paged Fleming three times.