David Foley could withdraw his federal plea

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WHITEFISH BAY -- A former Whitefish Bay barber may be headed for a guilty plea on charges that he molested a young boy and videotaped the act at his Shorewood apartment. It's the latest development in a remarkable story that began with an attempted frame-up.

When David Foley first opened a sports-themed barbershop in Whitefish Bay a few years ago, he placed a special emphasis on attracting young boys. It's a thought that now deeply troubles his former business partners.

Last fall, Foley was charged in federal court with producing and distributing child pornography. This week, FOX6 Investigators obtained a copy of a plea agreement, signed by Foley, in which he admits to recording a 36-minute video of himself engaging in a sex act with an eighth-grade boy. According to the agreement, filed in federal court, Foley told the boy he "wanted to practice" on him "to become a massage therapist."

Foley was due in court on Wednesday, May 16th to officially enter his guilty plea, but the hearing was canceled at the last minute. Court officials tell FOX6 News Foley's attorney called in sick.

Mary is the mother of another child Foley is accused of molesting, but not the subject of criminal charges. "He should burn in hell forever for what he's done," Mary said.

Foley has been in and out of prison his entire adult life, convicted 10 times for crimes including theft, forgery and issuing worthless checks. It was his attempt to con the FOX6 Investigators that may have been his undoing.

In 2010, Foley is accused of sending the FOX6 Investigators a DVD loaded with child pornography, along with a letter that claimed the disc belonged to another man. FOX6 turned the disc over to state investigators, who traced it back to Foley. They say he was trying to frame his former landlord, to whom he owed $55,000.

That set up backfired.

If Foley pleads guilty to producing child pornography, he faces between 15 and 30 years in federal prison. That's a big if, however, because Foley signed the federal plea agreement on May 10th. Last Friday, May 11th, Foley's lawyer hinted in state court that Foley may not go through with his federal plea after all.

If Foley withdraws his plea, the federal trial would have to be pushed back.

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