In April 1952, Queens Borough President James A. Lundy started to investigate foul odors emanating from Laurelton sewers built by Victor Clemente. After narrowing their search, James A. Lundy, his assistant I. Robert Bassin and Commissioner of Borough Works C. Parke Masterson began to descend into the sewers for personal inspections. They found pipes with unsealed joints, heavy concrete slabs used as fill, inadequate reenforcement of manholes and improper restoration of pavement. These discoveries received little attention until a cave-in of a nearby sewer. Within days, Mayor Impellitteri personally inspected the collapsed sewer and ordered Commissioner James H. Sheils to conduct a complete and thorough investigation.
By mid-September, James A. Lundy and I. Robert Bassin were investigating the principal contractors on the Laurelton sewer system. Their inquiries focused on Michael J. Ambrosio & Company, Andrew Catapano & Co., G. C. Clemente, Edgecliff Construction Corporation, Frank Evangelista & Son, Ralph Facciolo, A. Federico, Frank Franzese & Son, Gibraltar Construction Company, M&L Contracting Corporation, Millman&Nazzaro Construction Company, John P. Picone, Soviero Brothers Contracting Corporation, Spearin, Preston&Burrows, T and T Contracting Company, and Vachris & Son, Inc.
During October, the Office of Queens Borough President investigated suppliers of concrete to municipal projects. They found deficiencies among nearly one-half the shipments of concrete to highway and sewer projects. On October 20, 1952, C. Parke Masterson and I. Robert Bassin reported Colonial Sand and Stone Company, M. F. Hickey Company, Inc., Metropolitan Sand and Gravel Corporation, Ryan Ready Mixed Corporation and Transit-Mix Concrete Corporation as suppliers of defective concrete.
Throughout 1952, James A. Lundy, C. Parke Masterson and I. Robert Bassin pursued their own course. At times their inquires paralleled investigations by Commissioner James H. Sheils and District Attorney T. Vincent Quinn. More frequently this trio antagonized the investigators by having evidence placed in newsprint. In December, I. Robert Bassin clashed with the grand jury investigating the Clemente case.
On August 4, 1953, the Queens Borough President condemned as a health menace a five-block section of the Laurelton sewer installed by a Brooklyn contractor, John P. Picone. James A. Lundy explained substandard concrete supplied by Ryan Ready Mixed Corporation caused pipe cradles to disintegrate. Unsupported pipes cracked, joints opened and raw sewerage leaked into the ground. James A. Lundy charged former acting Borough President, Joseph F. Mafera, knew of the sewer design faults during construction and approved payment after completion.
Two weeks before elections, Borough President James A. Lundy released to the press his year-long study of the Kissena Corridor sewer. He charged Hendrickson Brothers, Inc. built the main trunk in Fresh Meadows "at excessive cost" and a section under Peck Avenue was "in danger of immediate collapse."
James A. Lundy invited the press to inspect the faulty sewer. Superintendent of Sewers Henry Schneider Jr. and I. Robert Bassin led reporters, photographers and sewer workers forty-two feet below Peck Avenue. They found wide joints between pipes caulked with lead wool. Ground water leaking into the sewer had caused an accumulation of three to four inches of sand. Water gushing from the bottom of the sewer evidenced deterioration or absence of concrete cradles. I. Robert Bassin dramatized these defects by saying, "It's worse than it was two weeks ago." Henry Schneider Jr. responded, "Let's get out of here . . . I'm not going to keep my men in here - or let them come in again." The press conference ended with a hurried ascent to the surface.
On October 23, 1953, James A. Lundy forwarded his report to District Attorney T. Vincent Quinn and Commissioner of Investigations James H. Sheils. T. Vincent Quinn assigned Assistant District Attorney Lawrence Peirez to investigate charges in the Lundy report. In March 1954, Judge Peter T. Farrell impaneled a special grand jury under direction of Lawrence Peirez.
William Raisch, former consulting engineer on the Kissena Corridor sewer, promptly replied to Lundy's charges. He said they have repaired more deficient sewers than found under Peck Avenue and called "ridiculous" the conclusion that the sewer was "in danger of immediate collapse." William Raisch offered his partisanship in support of his professional judgements. He described the actions of James A. Lundy as "demagogic attempts to smear for the benefit of an election." Perhaps the release of the Lundy report one day after Judge Alfred J. Hoffman invalided indictments in the Clemente case irked William Raisch.
Arthur J. Hendrickson, former Mayor of Valley Stream and head of Hendrickson Brothers, had a sharper response to the Lundy report. Edward E. Edstrom, counsel for Hendrickson Brothers, argued in State Supreme Court for the right to read the report. Michael A. Castaldi of the Office of Corporation Counsel contended the report was before a special grand jury and out of control of the Corporation Counsel and the Borough President. Edward E. Edstrom asserted accusations in the Lundy report jeopardized the twelve-million-dollar business of his client. Justice L. Barron Hill reserved decision then directed Commissioner of Investigations, James A. Sheils, to allow inspection of the Lundy report.
On December 17, 1953, by motion of Mayor Impellitteri the Sheils report on the Kissena Corridor sewer became public. Inspection by municipal engineers had found the sewer was "not in danger of imminent collapse" despite "serious omissions" in construction. The Sheils report chided James A. Lundy for failure to make necessary repairs.
During March 1954, Parks Commissioner Robert Moses slighted the Lundy report. He told reporters the Parks Department will heed advice of the Chief City Engineer, Robert G. McCullough, and the former Chief Engineer, John C. Riedel, instead of the opinions of amateurs on plans to build recreational facilities above the Kissena Corridor sewer.
On June 29, 1955, the special grand jury investigating the Kissena Corridor sewer under direction of Lawrence Peirez reported finding no evidence of design faults or excessive costs and called upon James A. Lundy to publicly withdraw his charges.
In one of the most bitter presentments received by the Queens County Court, this sixty-seven-page report asserted James A. Lundy, C. Parke Masterson and I. Robert Bassin "lacked a proper concept of public office" and accused them of "willful deceit for political purposes" by claiming the Kissena Corridor sewer was faulty in design and excessive in cost. The special grand jury charged arrogant, defiant and hostile behavior by James A. Lundy, C. Parke Masterson and I. Robert Bassin hampered and prolonged their investigation. The presentment concluded James A. Lundy, C. Parke Masterson and I. Robert Bassin intended to willfully deceive by giving "evasive and contradictory" testimony.
James A. Lundy promptly moved to quash the presentment. Former State Senator Bernard Tompkins petitioned Judge Peter J. Farrell to expunge the presentment. C. Parke Masterson and I. Robert Bassin were co-petitioners.
On July 27, 1955, Bernard Tompkins argued the special grand jury had no right to publish criticisms apart from indictments, had no jurisdiction in a non-criminal matter and required a specific court order to publish an account of its proceedings.
Lawrence Peirez asserted a grand jury had a right and a duty to issue a report critical of public officials. He based his argument for acceptance of the presentment on this abstract right.
Judge Farrell offered opposing sides an opportunity to file briefs and set August 10 for resumption of arguments. Bernard Tompkins sort permission to examine the minutes of the special grand jury. Judge Farrell in denying permission explained the request was not apart of the original and must be made as a new motion.
On October 3, 1955, Judge Peter T. Farrell expunged the harsher criticisms from the presentment. He allowed the charge that James A. Lundy and aides made unjustified criticisms of the cost, construction and condition of the Kissena Corridor sewer.
Lawrence Peirez expressed his satisfaction with Judge Farrell's decision to uphold the right of presentment. In a prepared statement, James A. Lundy said Judge Farrell found the "major portion" of the presentment "illegal and ill-advised." The Borough President said the court's "rebuke" of the special grand jury for revealing secret testimony was "equally applicable" to Assistant District Attorney Lawrence Peirez.
After Lawrence Peirez and James A. Lundy declared victory, they went home.
