Witness tells of finding marked money on ex-judge

Bill Gang

Tuesday, Dec. 9, 1997 | 11:22 a.m.

When FBI and Metro Police investigators went to the home of then-District Judge Gerard Bongiovanni on Oct. 17, 1995, in search of $1,000 in purported bribe money, they were prepared to search his entire house.

But that wasn't necessary, according to Metro Det. John Nicholson's testimony Monday as Bongiovanni's federal court corruption trial began its second week.

Nicholson recalled that he spotted $500 in marked money peeking through a hole in a pocket of the judge's shorts as Bongiovanni walked to a rear bedroom of the home to check on his ailing wife.

The detective, who was working the joint investigation with the FBI, said that when Bongiovanni was told that they believed he had taken the money to ensure favorable treatment of a court case, the judge "just shrugged."

Bongiovanni, 51, has stated that the five $100 bills were repayment of a loan he had given to Paul Dottore, a close friend who has since become the government's chief informant and star witness in the case.

Dottore had been stopped by federal agents just after delivering the money and leaving Bongiovanni's house. The other $500 was found in his pockets.

Dottore, 53, already had been a suspect in a bank fraud case involving the theft of more than $100,000 from a dead man's account, and was eventually convicted of that crime.

He became a snitch against the judge in an effort to win a reduced prison sentence or, perhaps, probation from U.S. District Judge Lloyd George if it is determined he provided "substantial assistance" to the government.

Dottore had testified in the related trial of show producer Jeff Kutash that he had solicited bribes on behalf of Bongiovanni to secure no bail releases for prisoners, fix traffic tickets or influence criminal or civil cases in his courtroom.

In the Kutash trial this summer involving a purported $5,000 bribe to guarantee a favorable outcome in a civil case over control of his Splash show at the Riviera hotel-casino, the jury didn't buy Dottore's story and acquitted Kutash.

Bongiovanni was indicted in April 1996 on charges of accepting bribes, racketeering and other crimes -- including providing unpaid favors for friends like arranging to have traffic tickets reduced to parking tickets or dismissed.

Under cross examination Monday by defense attorney Thomas Pitaro, Nicholson admitted to the jury that he had arranged for similar treatment of traffic tickets through a Las Vegas Justice of the Peace.

He conceded that one of the tickets had been received by his brother while others were received by informants or other witnesses in cases he was handling.

Nicholson emphasized, however, that the cases were resolved in open court hearing and he believes having cases placed on a judge's calendar for such disposition is not improper or illegal.

Much of the evidence in the trial is coming from wiretaps that were in place for months in 1994 and 1995 in Bongiovanni's home and court chambers. Dottore's phone also was tapped.

FBI Special Agent Jerry Hanford told the jury in George's courtroom that the Kutash bribe case began after Bongiovanni told Dottore the case was scheduled for a hearing in his courtroom in mid-October 1995.

Wiretaps caught Dottore, who worked at Kutash's Splash show, calling show manager Starlee Leavitt to say he could guarantee that Kutash could win if he paid a $10,000 bribe.

Leavitt, on the tapes, said Kutash couldn't afford that much and asked if the case could be handled for half that. A couple of phone calls later, Leavitt told Dottore that Kutash had agreed.

Hanford played a tape in which Dottore asks Bongiovanni "Is five OK?" and the judge replies, "five o'clock?" and then agrees.

Assistant U.S. Attorney Jane Shoemaker said during opening statements in the trial that "five o'clock" is code for $5,000.

Hanford returned to the witness stand today to continue relaying the story of the Bongiovanni investigation that resulted in the judge's suspension from his job. He ran for re-election in 1996 but was defeated in the primary election.