Bongiovanni off the bench

Rachael Levy

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

District Judge Gerard Bongiovanni has been stripped of his gavel based on accusations that he accepted bribes and gifts, a court official said.

The 50-year-old judge was suspended Wednesday with the unsealing of a 13-count federal indictment charging him with fixing tickets, releasing inmates on their personal recognizance and other rulings based on favoritism.

Some of those rulings were for members of the La Cosa Nostra organized crime family, the FBI alleges.

"If a judge is indicted with a (felony) crime, he shouldn't be sitting in judgment of other people," Nevada Judicial Discipline Commission Director Leonard Gang said.

But Bongiovanni can continue to draw his $79,000 salary while he fights the charges.

The judge did not comment as he left the Foley Federal Building late Wednesday on a personal recognizance bond, or the promise he will appear for future hearings.

The commission, which monitors judges' acts for ethical violations, requires the automatic suspension. However, Bongiovanni can contest the decision, an option his attorney, Tom Pitaro, has not ruled out.

Once the commission gets a copy of the federal indictment, written notification of suspension will be sent to Bongiovanni, Gang said.

But steps already have been taken to replace him.

District Court Administrator Chuck Short on Wednesday asked the Nevada Supreme Court to temporarily hire a retired judge. There are two retired judges in Clark County, James Brennan and Carl Christensen.

The indictment did not come as a surprise. Fueled by news leaks, word of the joint FBI-Metro investigation had been reported since last fall.

Those leaks and the arrest of Bongiovanni and casino show producer Jeff Kutash, 51, have angered defense attorneys.

FBI agents arrested Bongiovanni at his home at 8:30 a.m. Wednesday, forcing him to scramble to find someone to care for his terminally ill wife, his lawyer said.

"They knew full well of (his wife's) medical condition," Pitaro said. "They didn't give a damn."

Other agents showed up at Kutash's Southern California home where they are accused of scaring his wife and son with guns.

"All it is is grandstanding," attorney David Chesnoff said. "They treat bank robbers nicer."

The U.S. attorney's office has the discretion of asking that a summons be issued, rather than an arrest warrant. A court summons allows the defendant the dignity of turning himself in, rather than being handcuffed and detained in a jail cell.

Assistant U.S. Attorney Eric Johnson said the "unique circumstances" surrounding this case prompted the request for arrest warrants, though the government did not contest Bongiovanni or Kutash's release.

Also released was Paul Dottore, 52, a Henderson car salesman who is accused of acting as the middleman between Bongiovanni and Kutash and others accused of seeking favors from the judge.

In Kutash's case, the government alleged he paid Bongiovanni and Dottore for favorable treatment in a civil suit. Earlier reports suggested the suit centered on a dispute between Kutash and former Riviera hotel-casino owner Meshulam Riklis.

Bongiovanni granted Kutash a temporary restraining order stopping Riklis from removing the producer from the helm of the company that runs "Splash II" at the Riviera. A confidential agreement settled the case.

Bongiovanni also is accused of accepting other bribes or gifts, including golf balls. Among those he allegedly helped:

* Former Las Vegan Terry Salem, who said he agreed to pay Dottore $5,000 in exchange for favorable treatment of the theft charges filed against him. County prosecutors dropped the charges against Salem, who agreed to cooperate with the federal investigation.

* John "Jack" Jerdan, a 69-year-old Las Vegan who faced charges that he violated motor vehicle laws. Jerdan allegedly paid an unspecified amount of money so that Bongiovanni would lessen or dismiss the charges.

* Two other Las Vegans who allegedly contacted Dottore or the judge in hopes of buying favorable treatment for friends who were in trouble.

"I'm not afraid to litigate this case one bit," Pitaro said. But "we're at a disadvantage. Wait till I get into the courtroom where I can fight better."