New Charges Allowed in Gionis Case

SANTA ANA — Over defense protests, a judge Thursday allowed prosecutors to broaden the charges at a new trial for Dr. Thomas A. Gionis involving the assault on his ex-wife, Aissa Wayne, and her boyfriend.

Although prosecutors are reducing the actual number of charges from seven to four, they hope the new charges will make it easier for a jury to find Gionis guilty.

Prosecutors eliminated the charge of conspiracy to commit assault with a deadly weapon and changed it to simply conspiracy to commit an assault. They also added conspiracy to trespass.

Gionis pleaded not guilty to the new charges. He is scheduled to go on trial June 5.

Gionis’ first trial ended in a mistrial in December when a jury deadlocked 9-3 in favor of a guilty verdict.

Gionis, 47, a Pomona surgeon specializing in orthopedics, is accused of masterminding the Oct. 3, 1988, assault on Wayne, daughter of John Wayne, and her boyfriend at the time, Roger W. Luby, by two gunmen at Luby’s Newport Beach estate.

Luby’s Achilles’ tendon was cut by one of the two attackers, and Wayne’s face was smashed several times into the concrete ground of Luby’s garage.

Prosecutors claim Gionis hired the gunmen through his private investigator, O. Dan Gal, because of a bitter custody feud with Wayne over their daughter, who was almost 2 years old at the time.

Though Gionis now faces fewer charges, he could still be sentenced to the same maximum prison time--eight years--if convicted of all charges.