Abrupt arrest questioned by officials

Bill Gang

Thursday, April 18, 1996 | 11:59 a.m.

Several district judges expressed disappointment or outrage that federal agents arrested and jailed Judge Gerard Bongiovanni rather than issuing a summons for him to surrender to authorities.

They noted that most nonviolent defendants in federal cases who already are represented by attorneys get the courtesy of a summons.

Roy Woofter, Bongiovanni's campaign chairman, said the federal agents also had little regard for the judge's ailing and bedridden wife.

Woofter said when Bongiovanni pleaded that he couldn't leave his wife unattended, one agent responded, "Piss on her."

But another agent finally decided to postpone transporting the judge to jail until a nurse arrived to care for his wife.

"The arrest was unbelievable," Woofter said, contending that prosecutors reneged on a deal to issue a summons rather than arrest the judge.

"If there was an agreement between the United States attorney and the defense attorney ... then it is highly inappropriate for the federal government to do what it did," District Judge Sally Loehrer said.

She indicated that such actions undermine public confidence in a Justice Department that claims to be concerned with militias and Freemen-type groups.

"It's scenes like (Bongiovanni's arrest) that propel those people to that type of reaction," Loehrer said.

"It seems a little outrageous since the charges are not of a violent nature," said District Judge Michael Douglas of the early-morning apprehension.

"It offends me that someone is attempting to make this a show. We're not talking about a violent offender. Why not handle this in the ordinary fashion?"

District Judge Joseph Bonaventure noted that Bongiovanni is a judge with a family and children in school, factors that would assure his appearance in court.

"The U.S. attorney's office certainly knew he was represented by counsel," Bonaventure said. "A summons would have done the job. I can't fathom why they did it that way."

District Judge Don Chairez noted that "based on the charges, violence is not an issue. I feel in a nonviolence situation, a summons or walk-through (booking at the Clark County Detention Center) would have been appropriate."