The FBI began to wiretap the law office (rooms 7144, 7148 and 7150 at 161 West Wisconsin Avenue) of Dominic H. Frinzi on April 22, 1963 and kept the bug there until October 2. The bug was a small microphone inserted within a ceiling panel so as not to be detected. Wires from the bug went to a terminal box located in the building’s hallway. The box was operated by the Wisconsin Telephone Company, who were aware of the line running from the microphone to a private FBI line they could use to listen in and record the office.
On September 16, 1963, FBI HQ denied Milwaukee’s request to continue their misur on Dominic Frinzi another 30 days and October 2 was the soonest they could retrieve it. HQ did not believe “significant” information had come from the hidden microphone. This is rather surprising to me, as the bug seemed to be very active and picked up lots of gossip. Its existence was discovered in 1966, more than two years after removal. When later challenged about the tap, the Feds contended that they were trying to find information on the murder of Anthony Biernat.
June 22, 1965: Dominic Frinzi said publicly that he would probably run for governor again in 1966. The field was already growing, with those expected to run in the primary including Lt. Gov. Patrick Lucey, national committeeman David Carley, and Milwaukee businessman Abe Swed. Frinzi had split the vote in 1964, and arguably allowed the Republicans to win. This made him rather unpopular with the Democratic Party establishment.
September 7, 1965: A campaign committee was organized for Dominic Frinzi. Wayne Rowlee (Greendale) was chairman, Arthur Guenther (Campbellsport) was secretary, and Dr. Vito Guardalabene was treasurer.
November 16, 1965: Dominic Frinzi held a press conference at his home, announcing he would be running for governor again in 1966. He had a six-page platform paper. “I am running as a liberal, progressive Democrat,” he told the crowd. “To me, liberal does not mean free spending, nor does progressive mean progress at any price.” Instead, he simply felt “we can always improve society and government.” He said he would win by “proposing concrete and realistic solutions to our problems, and by speaking up only when I really have something to say.” He wanted a gradual repeal of state sales tax, an increase in the driving age to 18, an end to school segregation and the reduction of real estate commissions from 6% to 4%. Regarding the sales tax, he said, “Taxes have disappeared before and this one should be marked for eventual oblivion.”
There was also a testimonial dinner on December 5 for Dominic Frinzi at the Schroeder Hotel. 600 people attended at $25 per plate. Frank Balistrieri was there and brought Angelo DiGiorgio, Sam Dentice, Jimmy Jennaro, Joseph Alioto, and Sam Cefalu and suplied them with tickets. Also present were county supervisor Eugene Grobschmidt, and aldermen Mark Ryan, Allen Calhoun and George Whittow, as well as “several judges.” Although they did not arrive with him, (redacted) and Dr. Vito Guardalabene also sat at Balistrieri’s table.
January 21, 1966: Richard Steinberg, Democratic party chairman of Milwaukee County, made a public statement that Dominic Frinzi had no chance and would only get 25,000 to 30,000 votes in the primary. Frinzi supporters jeered him. Frank Calarco, Frinzi’s campaign chairman, said this figure was twice what people predicted in 1964. If the proportion continued, Frinzi would end up with over 200,000 votes and coast to victory. Calarco did say he was “puzzled” that the party chairman was singling out any candidate in a negative way.
Around July 5, 1966, Frinzi laid out his political position on segregation. “As governor, I would urge the state superintendent and the attorney general to make a determination of the facts surrounding de facto segregation in Milwaukee’s school system. They would then set a one year deadline for a satisfactory plan to realign school boundaries to bring about a healthier balance of student distribution. If that plan was not forthcoming, the state would move in and act.” Milwaukee “should use bussing for overcrowding and integrate bussed students completely.”
Towards the end of the 1966 campaign season, the news of Frinzi’s office being bugged came out. This gave him an excuse to back off from the governor race and switch gears to attacking government lawbreakers. He ended up taking third in the Democratic primary.
November 11, 1966: Judge George Young, president of the Milwaukee bar, and Ray McCann, president of the state bar, released a statement of outrage over the disclosure that the FBI had bugged Dominic Frinzi’s office. “The right of a trouble person to confer with an attorney in private is virtually sacred and has been protected by law for centuries. Let it be understood that the state bar and the Milwaukee bar association have the utmost respect for all law enforcement agencies and are aware of the difficulties these agencies have, but if the foregoing report is true, the bar associations cannot refrain from expressing their abhorrence for the disregard in violation of the ancient privilege existing between lawyer and client.” Young wrote to Judge Poos requesting a transcript of Joseph O’Connell’s testimony.
The FBI spoke with a Milwaukee attorney on November 22, 1966. The attorney said he had recently spoken with Dominic Frinzi, and Frinzi was anticipating asking for dismissals in a variety of his cases, including Buster Balestrere and John Rizzo. Frinzi believed any client he had during the period his office was bugged could possibly get charges dismissed by a sympathetic judge.
November 28, 1966: An informant told the FBI that Dominic Frinzi’s driver while on campaign was Bill Decker, a truck driver with Spector Freight Lines who made weekly round trips to St. Louis.
December 4, 1966: Frinzi asked the Milwaukee city council to pass a law banning wiretaps in the city limits. Alderman Mark Ryan was in favor, as was Jacob Friedrick, president of the Milwaukee County Labor Council. Frinzi said the ordinance would “keep a police state from existing… A microphone was placed in our office leading to a cable going direct to the FBI. Some of the most confidential relationships were bugged, even conversations between my wife and my children and myself.” Frederick said, “This evil is so widespread that legislation must come. It ought to come from the government closest to the people.” William Mulligan, attorney for the Wisconsin Telephone Company, said his company had no objections so long as exceptions were made so that the company could check on the condition of wires and connect long distance calls. The head of the Milwaukee FBI was invited to attend the hearing, but declined. The matter was tabled for six weeks. (WISN contacted US Attorney James Brennan for comment, but Brennan declined to say anything while the Balistrieri trial was still going.)
December 7, 1966: After failing to be a candidate for governor twice, Frinzi announced he was now running in the spring election for a Wisconsin Supreme Court spot, to unseat Justice George R. Currie. Frinzi said the big issue was age – he was 45 and Currie was 66, and Currie would have to retire at age 70 according to a state amendment passed in 1955. If he retired mid-term, the governor could appoint a successor without an election. Frinzi claimed, “Most of the Democratic assemblymen around the state are for me.” Frinzi said he felt the state’s garnishment laws needed revision, and he strongly disagreed with Currie’s vote (with the 4-3 majority) holding that the Milwaukee Braves’ move to Atlanta did not violate antitrust laws, as had been ruled by Judge Elmer W. Roller at the lower level.
December 9, 1966: Judge George Young and state bar president Ray McCann appointed 8 people to investigate reports that Frinzi had been bugged. Charles Goldberg was named president. The others were: John Kluwin, John Beyers, Edward Meldman, Nathaniel Rothstein, Frank Wilcox, Lyle Beggs and Rudolph Anderson. (The FBI ran a name check after the announcement and found nothing derogatory in their files on any of the 8 men.)
December 22, 1966: Frinzi filed a “motion to disclose and produce evidence” in the William “Weezer” Covelli perjury case. Specifically, he wanted any evidence of Covelli being picked up on the recording device in Frinzi’s office. Attached was an affidavit of testimony from Frank Balistrieri’s tax trial where Agent Joseph O’Connell admitted to having a bug in Frinzi’s office. A hearing was scheduled for December 28 but was postponed due to a heavy snowstorm. (An FBI internal memo pointed out the Covelli perjury charge stemmed from 1964, which was after the surveillance was discontinued – it was clear that Frinzi was just bringing it up as much as possible to make a show of the matter. Which, you know, is what you do.)
December 27, 1966: The Milwaukee Sentinel took the unusual step of writing an editorial on the supreme court race. They said if the final race is between Currie and Frinzi, they endorse Currie completely. In favor of Currie, they mentioned his experience and integrity. Against Frinzi, they called him out for criticizing the Braves decision. Frinzi appealed to disagree with the outcome because it was unpopular and not “for” Wisconsin residents, but made no claims to the legal arguments he would have disagreed with. The editorial said the value of an independent judiciary is exactly this – they are not “for” anyone and decide cases on the law, not on how residents will feel about them.
January 4, 1967: An informant (said to own multiple restaurants) said Dominic Frinzi was “one of the most obnoxious and foul-mouthed individuals” when he drinks. Frinzi was aware he was not a “good drinker” and kept himself sober during his political runs.
January 16: Milwaukee City Council held another hearing on a proposed wiretapping ordinance. Chief Breier spoke, saying his department uses no such devices, so it would not affect him. After discussion, the ordiannce was tabled again on a 5-0 vote. Essentially, it was thought best to wait to see what the state or federal government would do, because a wiretap ban on the city level was silly.
January 27, 1967: Senator Schreiber introduced Senate Bill 57 to ban wiretapping in the state of Wisconsin.
January 29, 1967: Dominic Frinzi removed himself for consideration for Wisconsin Supreme Court. At this time, the two declared candidates were Justice Currie and Judge Robert Hansen.
March 3, 1967: Dominic Frinzi and attorney Joe Balistrieri were overheard talking about the bugging against Frinzi and Frank Balistrieri. (The report is redacted but looks like the informant was another attorney in the conversation. In fact, he specifically told the FBI to be careful because he was the only other person around, so a leak would reveal him.) Frinzi did not think pressing charges would be very effective, but he thought it would work to file a lawsuit against the FBI agents involved. Joe felt the best course of action was to sue the telephone company, and bring in the agents to testify. This would more likely lead to a financial settlement than going after the government. Frinzi said no matter what, he had no desire to stop harassing and embarrassing the FBI. Frinzi did not rule out pressing charges of trespeassing against the agent who intalled the bugs.
William Covelli was found guilty of perjury by Judge Eugene Baker on May 18, 1967. During his John Doe testimony, Covelli had denied meeting Tony Biernat in 1962 and denied he was hoping to expand his jukebox business. He also denied his role in Kenosha gambling. Numerous people had been called to show Biernat identified Covelli before his murder, and a record store owner testified how Covelli wanted to buy records at wholesale because he was growing a jukebox route.