City Under Indictment

Mayor Hugh J. Addonizio was in his baronial office in Newark's grimy city hall when Aide Donald Malafronte brought him the word last week. "We're going to have to go over there," said Malafronte, gesturing toward the federal courthouse across the street. Addonizio took the news calmly. "O.K.," he said, reaching for the telephone. "I'm going to call my wife."

Less than a week after Attorney General John Mitchell had promised "a massive indictment" of New Jersey public officials, Addonizio and nine present or former Newark city officeholders were charged by a federal grand jury with extortion and income tax violations. The ten officials plus five other men, including a reputed Mafia member named Anthony ("Tony Boy") Boiardo, were indicted for extorting $253,500 from Constrad, Inc., an engineering firm that did business with the city. The charge carries penalties of $10,000 and 20 years in prison. The 15 were also accused of failing to report their payoffs, ranging from $500 to $37,000, to the Internal Revenue Service. As a result, they face additional penalties of up to $5,000 and three years on each count for income tax violations.

Poolside Chat. For Addonizio, who has been mayor since 1961 after a 14-year career as a Democratic Congressman, the indictment came as something of an anticlimax. A state grand jury questioned him about local gambling last year. Federal authorities have had him under investigation since he and Boiardo were seen chatting at the pool of the Americana Hotel in San Juan, P.R., nearly two years ago. But their case against him really began to develop when Constrad's chief, Paul Rigo, went to the Justice Department a few weeks ago with his records. After he began to talk, the Government moved swiftly against the mayor. Two weeks ago, the grand jury called on Addonizio to testify. Claiming his right against selfincrimination, the mayor refused to talk (TIME, Dec. 19).

The Government also moved on another front last week. The day before Addonizio went to court, another federal grand jury handed up indictments against Mafia Kingpin Simone Rizzo ("Sam the Plumber") De Cavalcante and 54 others. Charged with operating an interstate numbers game that grossed $20 million a year, all face penalties of $10,000 and five years' imprisonment. Four, including De Cavalcante's "chief of staff," Alessio Barrasso, face additional fines of $10,000 or 20-year sentences for extortion.

Every one of the gambling indictments was obtained through wiretaps authorized under Title III of the Omnibus Crime Control and Safe Streets Act of 1968. Justice Department officials were quick to cite that fact. The officials regard the New Jersey crackdown as the first skirmish in a full-scale war on the Mafia. Said Will Wilson, chief of the department's Criminal Division: "Our overall goal is to demolish the rackets. The first step in curing inner-city problems is to free local government from the control of the rackets."

Efficient and Effective. Few cities are more in need of such a cure than Newark (see box following page). In addition to the federal grand juries, a statewide and a local grand jury are probing organized crime in Newark and elsewhere in New Jersey. Following last week's indictments, the Newark Star-Ledger suggested that it would be in the city's best interests if "those under a cloud of suspicion were to remove themselves from office." The local Chamber of Commerce called for the suspension of all those indicted.

State law provides for the removal from public office of officials who refuse to testify before grand juries looking into governmental affairs. But it allows them to take the Fifth Amendment when questioned on criminal matters-- as did Addonizio. Nor do the state's laws require the removal of officials who are under indictment.

Addonizio has made it clear that he has no intention of stepping down before the end of his term. "I haven't been convicted of anything," he said, and he predicted that he would be acquitted. Meanwhile, he has promised Newarkers that his administration will "continue to run an efficient and effective government." Considering Newark's record--and his--Addonizio's promise is hardly reassuring.

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