Defense lawyer: Bongiovanni a good judge

Bill Gang

Thursday, Dec. 4, 1997 | 11:19 a.m.

The jury in the bribery and corruption trial of former District Judge Gerard Bongiovanni was given contrastingly colored images of the defendant during opening statements by attorneys on opposite sides of the case.

The prosecution's perception is that Bongiovanni was a bribe-taking, ticket-fixing, criminal-releasing judge who ran his courtroom always with an eye toward helping his friends or trading his judicial powers for a few bucks.

"He abused his position of trust through a pattern of conduct that deprived the people of Clark County of his honest services," Assistant U.S. Attorney Jane Shoemaker repeatedly told the jury in U.S. District Judge Lloyd George's courtroom.

"She makes everything sound bad," said defense attorney Tom Pitaro. "But it isn't."

"The evidence is going to show that Bongiovanni is a good man, not a bad man, a good judge, not a bad judge, a generous man, not a selfish man," Pitaro said.

He charged the federal case is based on a couple of informants that are "opportunists, liars and thieves," including Paul Dottore, a man who had been one of Bongiovanni's close friends.

Pitaro said that neither informant, who he called "snakes," has been sentenced on the charges that resulted from a bank fraud scam and won't be until after they testify against Bongiovanni.

"They will lie and cheat for a few dollars," he told the jury. "What do you think they will do to stay out of jail?"

Pitaro's opening statement was delayed four hours because of a bomb threat at the federal courthouse at Las Vegas Boulevard and Bridger Avenue that resulted in a search that included the use of bomb sniffing dogs. When court finally resumed, George apologized to the jury for the event that he conceded "occurs occasionally."

Shoemaker conceded that the snitches are "not angels" but said the government's case actually is centered on nearly two years of wiretaps and records and the witnesses will only be filling in the gaps.

She pointed out that after a taped bribe scheme was consummated, FBI agents raided Bongiovanni's home on Oct. 17, 1995, and found $500 in marked money in the rear pocket of his shorts.

Dottore, who had not yet agreed to be an informant, was carrying the other half of the $1,000 in purported bribe money.

Bongiovanni explained to federal agents that the money he had been given was repayment of a loan he had made to Dottore, his bowling buddy who only had a part-time job.

Pitaro argued that many of the tapes were "contrived" conversations based on information that federal agents had the initial informant -- Terry Salem -- discuss with Dottore in an effort to create the appearance of bribe schemes and corruption.

"But it was known that Bongiovanni was not involved and couldn't be," he said.

Shoemaker told the jury that the case also is about the doling out of judicial favors to his friends and to friends or clients of his friends -- favors like no-bail releases and preferential treatment on traffic tickets.

Those actions are illegal, she said, when it is done at the request of only one side in a case and without a court hearing.

Pitaro countered that state court judges have the authority under Nevada law to reduce bail or release prisoners on their own recognizance at any time and it is routine because of overcrowding at the county jail.

He added that expedited resolution of traffic tickets also is routine and necessary in the overburdened state system.

"There is nothing unique, inappropriate or criminal," he said.

Pitaro fumed that one felony count charges Bongiovanni with a Christmas Eve decision to release a man without bail on a misdemeanor charge that prosecutors later decided not to pursue.

He added that many of the requests for no-bail releases come from police and prosecutors.

The allegations of corruption over actions routine in state court is expected to result in several judges and other officials being called to testify for the defense.

"The government's story is not reality," Pitaro said.

Shoemaker told the jury that they will hear evidence that a $5,000 bribe was paid to Bongiovanni by show producer Jeff Kutash for a favorable ruling in a lawsuit over control of the Splash show he created at the Riviera hotel-casino.

Kutash had been tried on bribery charges this summer on much of the same evidence that the Bongiovanni jury will hear -- including the stories of Salem and Dottore.

The Kutash jury, however, didn't buy the government's case and acquitted the producer of all charges.

Pitaro noted prosecutors alleged that Kutash secured the bribe money by cashing a $5,000 check from his production company, but the attorney said the check wasn't cashed until the day after the alleged payoff was supposed to have been made.