Absent Friends

All the guys are there, at Markie's wedding, hair slicked back, shoes shined, elbows digging into each other's ribs, big grins in the church and bigger ones over beers at the reception. They dance with Sally, and they dance with their own girls and each others'. They lean on the wall and twist the tops off beer bottles, look around at the balloons and the candles, the crumbled pieces of cake. Jack says, Look at Markie, man. Guy who smiles like that, he's in shock, don't know what hit him.

Maybe that's true, maybe not. Markie keeps smiling; a year later he's smiling even bigger, handing out cigars: he has a son.

Markie's happy.

From the New York Tribune, October 29, 2001

FUND REJECTS CONTRIBUTION

QUESTIONS SURROUND HERO FIREFIGHTER'S

DEALINGS WITH CRIME FIGURES

by Harry Randall

The Tribune has learned that, claiming concern for “our responsibility to our other contributors,” Marian Gallagher, director of the McCaffery Memorial Fund, has rejected a $50,000 contribution offered by Edward Spano, a Staten Island developer with reputed underworld ties.

Capt. James McCaffery, 46, commanded Ladder Co. 62 and died on September 11 in the World Trade Center's north tower. The McCaffery Fund was established within days by Thomas Molloy, a Staten Island civic leader and childhood friend of McCaffery's. To date the Fund has topped $500,000. Contributions and pledges are flooding in daily from around the country.

Asked about the Fund's actions, Ms. Gallagher told the Tribune, “Some people are saying we could do a lot of good with this money and should accept it. But until the absurd rumors floating around have been put to rest, we will continue to err on the side of providing our contributors with the comfort level they have a right to expect.”

Thomas Molloy said he and the Fund's board of directors “fully supported” Gallagher's decision to turn down Spano's offer.

Marian Gallagher, who, along with Molloy and Spano, grew up with McCaffery in Pleasant Hills on Staten Island, is executive director of the More Art, New York! Foundation, a Lower Manhattan–based arts-funding organization. In that capacity she is the chosen representative of Lower Manhattan's cultural community to the Downtown Redevelopment Advisory Council, a citizens' watchdog group.

Gallagher and McCaffery were well known as a couple during their days in Pleasant Hills. “That's why I asked her to take this on,” Molloy told the Tribune. “Because she'd been close to Jimmy.” Gallagher refused to discuss the nature of her relationship with McCaffery. But in a reference to recent allegations that McCaffery was involved in dealings of an unspecified nature, financial and otherwise, with Edward Spano, Gallagher stated, “Jimmy McCaffery was completely honorable. If anything wrong was going on, he wasn't part of it.”

The rumors circulating about McCaffery center on events that took place more than two decades ago.

A 1979 shooting in Pleasant Hills resulted in the death of Jonathan “Jack” Molloy, 25, half-brother of Thomas Molloy. Mark Keegan, 23, admitted shooting Molloy but claimed he did so in self-defense. According to Keegan's statement, Molloy, who had a record of arrests on minor charges, threatened him with a gun and fired two shots. Keegan returned fire, killing Molloy with a single shot. No homicide charges were filed, but Keegan pled guilty to possession of an unlicensed handgun. He was sentenced to 16 months in prison, where he died after a fight with another inmate.

According to Keegan's widow, it was McCaffery who urged her to file a wrongful death lawsuit holding New York State responsible. Sally Keegan claims the suit was filed but withdrawn when the State offered a settlement under a policy compensating the families of prisoners injured or killed in custody. Six months after Keegan's death his family began to receive monthly payments of $1,000. In 1990 this amount jumped to $2,000. Payments continued until Keegan's only child, Kevin, now a firefighter, turned 18. They were made through Phillip Constantine, the attorney who had handled Keegan's criminal trial in 1979.

However, the Tribune has learned that New York State has no such family compensation program, nor did it ever have one.

Reached at his Lower Manhattan office, Constantine, a prominent criminal attorney, refused to comment on the payments' source. Asked whether a lawsuit was filed against New York State, he would only say, “Lawsuits are public record.” The Tribune failed to find any suit filed against the State on behalf of any member of the Keegan family.

Constantine refused further comment on such questions as the object of the deception or why it was taken to such lengths.

Asked whether Sally Keegan would have accepted money if she had known its source was a reputed crime figure, Victoria Molloy, former wife of Thomas Molloy, said, “Never.”