Gionis Bail Is Denied; New Data Is Alleged

A private investigator suspected of directing an attack last year on Aissa Wayne and a companion called Dr. Thomas A. Gionis four times about 7 minutes after the assault to report that it had been “accomplished,” according to a criminal complaint released Friday.

The disclosure came as a judge ordered Gionis, a wealthy Pomona surgeon, held without bail pending his trial on charges of ordering the Oct. 3 attack on Wayne, 32, daughter of the late actor John Wayne, and financier Roger W. Luby, 52, at Luby’s $3-million Newport Beach estate.

Municipal Judge Russell A. Bostrom ruled that Gionis, 35, an orthopedic surgeon, poses a danger of flight and a threat to Wayne if released. Gionis was transferred from the Newport City Jail, where he had been held since his arrest Tuesday, to Orange County Jail. His preliminary hearing is scheduled April 17.

Made Public Friday

The formal complaint was the basis for Gionis’ arrest but was made public for the first time Friday. Gionis has pleaded not guilty, and his lawyers have suggested that he knew nothing of the assault, allegedly directed by a private detective whom Gionis had paid $60,000.

In contrast, the complaint alleges that Gionis kept in close contact with the Century City private investigator he had hired, O. Daniel Gal, as the assault on his ex-wife and Luby was planned and carried out.

Gal, now at large in Europe but being sought for arrest, called a “planning meeting” for the assault in September, the complaint says, and without identifying the source of the information, states that Gal told two hired thugs that “our ‘client’ is a doctor and he wants this done because of a child-custody dispute.”

Authorities allege that Gionis, embroiled in a bitter custody battle over the couple’s 2-year-old daughter, Anastasia, sought to intimidate Wayne. In February, Gionis was awarded custody of the child after his lawyers argued that the attack on Wayne showed that the child would be endangered if left in Wayne’s custody.

The judge, holding that both are fit parents, nevertheless suggested that Wayne was “emotionally immature.” She was awarded visitation rights. Wayne’s lawyer said this week, however, that in light of Gionis’ arrest, he would try to reopen the custody case.

According to the criminal complaint, Gal placed six calls to Gionis while conducting surveillance of Luby’s gate-guarded estate on the day of the assault, Oct. 3, 1988. At about 10 a.m.--an hour and 50 minutes before the attack took place--Gal placed two calls to Gionis to discuss the assault and to advise Gionis to pick up Anastasia, who was at Wayne’s home in Corona del Mar, the complaint alleges. Gionis had visitation rights that day.

‘Our Client Is Mad’

At about the same time, the complaint alleges, Gal instructed his hired thugs about final plans for the assault and after receiving a telephone call told them that “our client is mad and wants the job done now because he has an upcoming court date on the custody case.”

Gal called Gionis again 7 minutes after the attack to inform him of what had happened, the complaint charges.

Two San Fernando Valley men who allegedly worked for Gal are in Orange County Jail in lieu of $1-million bond each on charges of carrying out the attack. The suspects, Jerrel L. Hintergardt, 37, an unemployed apartment manager from Burbank, and Jeffrey Kendall Bouey, 35, a swimming pool cleaner from Simi Valley, also appeared in Harbor Municipal Court Friday for arraignments.

Hintergardt entered a not-guilty plea Friday, and his preliminary hearing was set for May 5. Bouey elected to postpone his arraignment until May 19. Judge Bostrom ordered bail for both men to stand at $1 million each as prosecutors allege that they, too, pose a substantial escape risk.

In Gionis’ bail hearing Thursday, prosecutors showed that numerous overseas telephone calls had been made from Gionis’ home to Greece, where he has friends and family. Last month, Gionis had also obtained a passport for his 2-year-old daughter, Anastasia, who is the subject of a custody battle that police contend led to the attack on Wayne last fall.

“It’s hard not to consider that this client is an extremely serious risk to flee this jurisdiction,” Judge Bostrom said.

Gionis’ attorney, Byron K. McMillan, said he will appeal the bail decision Monday to the 4th District Court of Appeal in Santa Ana. McMillan, visibly angered by the decision, called Bostrom’s no-bail decision excessive for the crime.

“There’s murder cases that bail’s set on, for Christ’s sake,” McMillan said.

The prosecutor, Deputy Dist. Atty. Christopher J. Evans, praised the judge’s decision.

“I think he did the right thing,” Evans said. “It was a difficult decision for him to make. Obviously, he felt there is a danger to public safety.”

In concluding that Gionis posed a flight risk, Bostrom said he discounted the testimony Thursday of Gionis’ sister, Xanthi, who said she had made the calls to Greece. Bostrom noted that three of the calls last December that she claimed as hers occurred while she actually was traveling in Greece.

In addition, Bostrom cited the passport applications. “It was clear that he had the intention of leaving the country while this investigation was (under way),” the judge said.

Concerned About Victims

Bostrom said the evidence also “gives the court great concern about Wayne’s safety and Luby’s.”

Noting that the crime alleged was a hired assault and in apparent reference to Gionis, Bostrom added, “Wealth and power may be used by an individual to achieve all sorts of (ends).”

Gionis reacted without emotion to Bostrom’s decision, giving a resigned smile to his sister before being led away by bailiffs.

Gionis’ daughter was to be turned over to her mother Friday for a weekend visit. Although the Wayne family could not be reached for comment, Matthew Gionis, Gionis’ father, said Friday from his home in San Diego that she was no longer there. Anastasia has been staying with her grandparents since Gionis was arrested. The elder Gionis declined further comment

On Thursday, Luby filed a lawsuit against Gionis in Orange County Superior Court, seeking unspecified damages for the distress he claimed to have suffered since the assault.