“I think that’s where they finally got it, from the neighbors,” Natali said. “Where were you last night, Wally, from, say, midnight to six in the morning?”
“So that’s what this is all about.”
“Where were you, Wally?”
“He was an asshole, Lieutenant. I think he was also dirty. But I didn’t shoot the sonofabitch.”
“So tell me where you were last night from midnight on.”
“Jesus Christ, Lieutenant! I was home.”
“Were you alone?”
“No.”
“Was she with you?”
Milham looked at Natali for a moment before replying.
“Yeah, she was.”
“She wouldn’t make a very credible alibi, Wally.”
“I told you I didn’t do it.”
“I didn’t think you did,” Natali said.
“She was with me, I told you that.”
“You wouldn’t make a very credible witness either, Wally, under the circumstances.”
“So we’re both suspects? Is that what you’re telling me?”
“Of course you are,” Natali said. “Think about it, Wally.”
“So what are you telling me?”
“You’re going to have to give a formal statement. Joe D’Amata was up on the wheel for the job. I’ll do the interview. You know Mike Weisbach?”
“Sure.”
“He’ll sit in on it. Chief Lowenstein has assigned him to ‘observe’ the investigation. He’s upstairs with the Captain and Chief Coughlin. They ought to be here in a minute.”
“OK.”
“Unless you want to claim the Fifth.”
“If I do?”
“You know how it works, Wally.”
“I’m not claiming the Fifth. I didn’t do it.”
“I don’t think you did, either.”
“What’s with Weisbach?”
“I guess they want to make sure we do our job. I don’t like that any more than you like being interviewed. You want a little advice?”
“Sure.”
“Go through the motions. Don’t lose your temper in there. And then go back to work and forget about it.”
Milham met Natali’s eyes.
“I start midnights tonight,” he said absently.
“I don’t think that anybody thinks you had anything to do with it. We’re just doing this strictly by the book.”
“A staff inspector ‘observing’ is by the book?”
STATEMENT OF: Detective Wallace J. Milham Badge 626
DATE AND TIME: 1105 AM May 19, 1975
PLACE: Homicide Unit, Police Admin. Bldg. Room A.
CONCERNING: Death by Shooting of Police Officer Jerome H. Kellog
IN PRESENCE OF:
Det. Joseph P. D’Amata, Badge 769
Staff Inspector Michael Weisbach
INTERROGATED BY: Lieutenant Louis Natali Badge 233
RECORDED BY: Mrs. Jo-Ellen Garcia-Romez, Clerk/Typist
I AM Lieutenant Natali and this is Inspector Weisbach, Detective D’Amata and Mrs. Garcia-Romez, who will be recording everything we say on the typewriter.
We are questioning you concerning your involvement in the fatal shooting of Police Officer Jerome H. Kellog.
We have a duty to explain to you and to warn you that you have the following legal rights:
A. You have the right to remain silent and do not have to say anything at all.
B. Anything you say can and will be used against you in Court.
75-331D (Rev. 7/70) Page 1
C. You have a right to talk to a lawyer of your own choice before we ask you any questions, and also to have a lawyer here with you while we ask questions.
D. If you cannot afford to hire a lawyer, and you want one, we will see that you have a lawyer provided to you, free of charge, before we ask you any questions.
E. If you are willing to give us a statement, you have a right to stop anytime you wish.
1. Q. Do you understand that you have a right to keep quiet and do not have to say anything at all?
A. Yes, of course.
2. Q. Do you understand that anything you say can and will be used against you?
A. Yes.
3. Q. Do you want to remain silent?
A. No.
4. Q. Do you understand you have a right to talk to a lawyer before we ask you any questions?
A. Yes, I do.
5. Q. Do you understand that if you cannot afford to hire a lawyer, and you want one, we will not ask you any questions until a lawyer is appointed for you free of charge?
A. Yes, I do.
6. Q. Do you want to talk to a lawyer at this time, or to have a lawyer with you while we ask you questions?
A. I don’t want a lawyer, thank you.
7. Q. Are you willing to answer questions of your own free will, without force or fear, and without any threats and promises having been made to you?
A. Yes, I am.
75-331D (Rev. 7/70) Page 2
8. Q. State your name, city of residence, and employment?
A. Wallace J. Milham, Philadelphia. I am a detective.
9. Q. State your badge number and duty assignment?
A. Badge Number 626. Homicide Unit.
10. Q. Did you know Police Officer Jerome H. Kellog?
A. Yes.
11. Q. Was he a friend of yours?
A. No.
12. Q. What was the nature of your relationship to him?
A. He was married to a friend of mine.
13. Q. Who is that?
A. Mrs. Helene Kellog.
14. Q. What is the nature of your relationship to Mrs. Helene Kellog?
A. We’re very good friends. She is estranged from her husband.
(Captain Henry C. Quaire entered the room and became an additional witness to the interrogation at this point.)
15. Q. (Captain Quaire) Wally, you have any problem with me sitting in on this?
A. No, Sir. I’d rather have you in here than looking through the mirror.
16. Q. Would it be fair to categorize your relationship with Mrs. Kellog as romantic in nature?
A. Yes.
17. Q. You seemed to hesitate. Why was that?
A. I was deciding whether or not to answer it.
75-331D (Rev. 7/70) Page 3
18. Q. Was Officer Kellog aware of your relationship with his wife?
A. I suppose so. I never had a fight with him about it or anything. But I think, sure, he knew. She moved out on him.
19. Q. How long have you had this relationship with Mrs. Kellog?
A. About a year. A little less.
20. Q. You are aware that Officer Kellog was found shot to death in his home this morning?
A. I am.
21. Q. How did you first learn of his death?
A. Lieutenant Natali informed me of it a few minutes ago.
22. Q. That is Lieutenant Louis Natali of the Homicide Unit?
A. Yes.
23. Q. Did you shoot Officer Kellog?
A. No.
24. Q. Do you have any knowledge whatsoever of the shooting of Officer Kellog?
A. No. None whatsoever.
25. Q. How would you categorize the relationship of Officer Kellog and his wife?
A. They were estranged.
26. Q. Do you know where Mrs. Kellog went to live when she left the home of her husband?
A. With me.
27. Q. Do you have a department-issued firearm, and if so, what kind?
A. Yes, a. 38 Special Caliber Colt snub nose.
28. Q. Where is this firearm now?
A. In the gun locker.
75-331D (Rev. 7/70) Page 4
29. Q. Would you be willing to turn this firearm over to me now for ballistics and other testing in connection with this investigation?
A. Captain, I go on at midnight. When would I get it back?
(Captain Quaire) I’ve got a Cobra in my desk. You can use that.
30. Q. Do you own, or have access to, any other firearms?
A. Yes, I have several guns at my house.
31. Q. You have stated that Mrs. Kellog resides in your home. That being the case, would Mrs. Kellog have access to the firearms you have stated you have in your home?
A. Yes.
32. Q. Precisely what firearms do you have in your home?
A. I’ve got a. 45. An Army Model 1911A1 automatic. And an S amp; W Chief’s Special. And a Savage. 32 automatic. And there’s a. 22, a rifle. A Winchester Model 12 shotgun, 12 gauge. And a Remington Model 70. 30–06 deer rifle.